Pittsburgh jury finds synagogue mass murderer eligible for the death penalty
Final phase of trial of Robert Bowers, who murdered 11 Jewish worshippers at prayer in his attack on the Tree of Life building
Jurors in the trial of the gunman who killed 11 Jewish worshipers in a Pittsburgh synagogue took less than two hours to find him eligible for the death penalty, setting up a final phase of the historic proceedings in which the gunman may be sentenced to death.
On Thursday morning, the seven women and five men on the jury unanimously found that Robert Bowers, who attacked the Tree of Life building on Oct. 27, 2018, met all four thresholds of intent necessary for capital punishment. The jurors also agreed with the government’s case that the crime carried four aggravating factors that exacerbated the shooter’s capital offences. They were seemingly unmoved by the defence’s argument that the shooter’s antisemitism was a product of his delusion.
On June 16, the jury found the defendant guilty of 63 crimes, including 22 capital crimes — two for each fatality.
The final phase of the trial will begin on Monday. In that portion, the jury will decide whether to deliver a sentence of death or life imprisonment without possibility of release.
The jury will hear impact statements from some family members of the 11 people murdered by the gunman. Jurors will also hear from people who were injured or otherwise affected. Prosecutors said they expected to bring seven witnesses over two to three days.
The defence will then bring witnesses to prove mitigating factors, which lawyers said they expected to last five to seven days. Those witnesses are expected to describe the hardships the gunman suffered over his lifetime.
“It has been nearly five years since 11 people were taken from us,” said Maggie Feinstein, the director of the 10.27 Healing Partnership, which frequently speaks for the families, in a statement.
“They were beloved and valued family members, friends and neighbours,” said Feinstein, who was in the courtroom. “They cannot speak for themselves, and so their family members will speak for them. In the next phase of the trial, our justice system will perform its duty to listen to their voices. We support them and we stand with them.”
The alacrity of the verdict — jurors met for about an hour after closing arguments on Wednesday, and less than an hour on Thursday morning — suggests they summarily rejected arguments advanced by the defence that the gunman’s antisemitism was a sign that he was delusional.
Expert psychiatric witnesses for both sides who interviewed the shooter recently say he has no regrets, and the defence sought to use that fact to bolster its medical arguments that he was schizophrenic and did not have the intent to kill required for a death sentence.
Outside the courtroom, Jeffrey Finkelstein, the CEO of the Pittsburgh Jewish Federation, said the argument that antisemitism is a delusion was a non-starter.
“It is clear that this was hatred of Jews. This was antisemitism. It is not mental health. They are two different things,” he said.
Some of the families of the dead and the injured were present in the courtroom when Judge Robert Colville read the verdict, as were two of the policemen who were injured during the attack.
The room was calm; there was little tension, and as they waited outside the courtroom to hear the verdict, the chatter among the families suggested they anticipated an eligibility verdict in part because of the how swiftly the jury brought the verdict.
Members of the gunman’s family also were in the courtroom. One of the defence team brought his aunt a box of tissues; she never touched it.
The defendant, as he has done since the start of the trial, betrayed no emotion. He bent over a notebook and wrote, clad in a dark blue sweater and a light blue collared shirt. He wore plain black-framed glasses, which he does not often do.
Judy Clarke, a famous death penalty attorney and Bowers’ lead attorney, leaned over him and chatted with him before jury came into the room. She patted his back before returning to her seat.
The jury were clad in light summer clothes reflecting the humid weather in Pittsburgh on Thursday.
After Colville dismissed them until Monday, lawyers for the defence and the prosecution sparred over the mitigating factors the defence planned to present in the next phase. The lawyers, mindful of the continued presence of the public in the courtroom, would not say what the factors were, but it appeared as if the government believed that some of the mitigating factors the defence proposed were not eligible for use.
Thank you for helping to make Jewish News the leading source of news and opinion for the UK Jewish community. Today we're asking for your invaluable help to continue putting our community first in everything we do.
For as little as £5 a month you can help sustain the vital work we do in celebrating and standing up for Jewish life in Britain.
Jewish News holds our community together and keeps us connected. Like a synagogue, it’s where people turn to feel part of something bigger. It also proudly shows the rest of Britain the vibrancy and rich culture of modern Jewish life.
You can make a quick and easy one-off or monthly contribution of £5, £10, £20 or any other sum you’re comfortable with.
100% of your donation will help us continue celebrating our community, in all its dynamic diversity...
Engaging
Being a community platform means so much more than producing a newspaper and website. One of our proudest roles is media partnering with our invaluable charities to amplify the outstanding work they do to help us all.
Celebrating
There’s no shortage of oys in the world but Jewish News takes every opportunity to celebrate the joys too, through projects like Night of Heroes, 40 Under 40 and other compelling countdowns that make the community kvell with pride.
Pioneering
In the first collaboration between media outlets from different faiths, Jewish News worked with British Muslim TV and Church Times to produce a list of young activists leading the way on interfaith understanding.
Campaigning
Royal Mail issued a stamp honouring Holocaust hero Sir Nicholas Winton after a Jewish News campaign attracted more than 100,000 backers. Jewish Newsalso produces special editions of the paper highlighting pressing issues including mental health and Holocaust remembrance.
Easy access
In an age when news is readily accessible, Jewish News provides high-quality content free online and offline, removing any financial barriers to connecting people.
Voice of our community to wider society
The Jewish News team regularly appears on TV, radio and on the pages of the national press to comment on stories about the Jewish community. Easy access to the paper on the streets of London also means Jewish News provides an invaluable window into the community for the country at large.
We hope you agree all this is worth preserving.
