Dylann Roof counsel files motion for new federal trial

CHARLESTON COUNTY, SC - The standby counsel of convicted church shooter Dylann Roof has filed a motion for a new federal trial.

Roof was found guilty and sentenced to death last month for the murder of nine parishioners at the Mother Emanuel AME Church in June of 2015.

In the motion filed on Friday, attorneys cited two things in their request: that Roof affected interstate commerce, and that the shooting required the use of violent physical force.

Attorneys argue Roof's crime did not affect federal interstate commerce stating that the gun was bought in South Carolina, the crime was committed in the state and the government failed to prove it affected interstate commerce.

They also argued some of the things Roof did are not considered crimes of violence under the federal gun law.

Attorneys also want Roof's death sentence thrown out.

Local law expert Miller Shealy says the motion could end up going to the Supreme Court.

Friday was the deadline for Roof's legal team to file an appeal to retry his federal case.

The state trial against Roof has been delayed indefinitely.

The full motion can be read below.

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