Pittsburgh synagogue gunman denied bid for new trial
On Friday, May 17, U.S. District Judge Robert Colville denied synagogue gunman Robert Bowers’ request for a new trial.
Bowers, who was convicted of killing 11 worshippers at a Pittsburgh synagogue, has 14 days to file for a notice of appeal.
In June, Bowers was found guilty of 63 federal charges in connection with the Oct. 27, 2018, shooting.
Bowers spent nearly five years at the Butler County Prison until he was transferred to the U.S. Penitentiary in Terre Haute, Ind., after his convictions. He is currently awaiting execution after jurors unanimously decided on Aug. 3 that Bowers should receive the death penalty.
Those killed were Joyce Fienberg; Richard Gottfried; Rose Mallinger; Jerry Rabinowitz; Cecil and David Rosenthal; Bernice and Sylvan Simon; Dan Stein; Melvin Wax; and Irving Younger.
Two congregants and four police officers were wounded by gunfire during the attack.
Bowers and his attorneys filed a motion for a new trial in November.
According to Colville’s 26-page opinion released Friday, Bowers raised three primary arguments in support of a new trial which included the claim that the federal hate crime used to prosecute him did not apply to religion, there was not enough evidence to show he specifically set out to obstruct the victims’ religious freedom and that prosecutors improperly excluded potential jurors who were Black, Hispanic and Jewish.
Colville dismissed all of those arguments, stating that even if there was evidence supporting other indications as to Bowers’ intent the morning of the shooting, “it is beyond question that the jury was presented with sufficient evidence” that Bowers intended to obstruct the victims’ religious freedoms.
“(The) defendant, who over a prolonged period repeatedly and consistently espoused profuse disdain and hatred toward Judaism and Jews and who further expressed his support of violence against Jews, walked into a Jewish place of worship on a day of worship, knowing that services would be held that day, and opened fire on each and every Jewish worshipper he came across,” Colville stated in his opinion. “These individuals were wearing yarmulkes, wrapped in prayer shawls, and holding, or sitting with, prayer books in the midst of worship.”
As for Bowers and his attorney’s claim about improper jury selection, Colville wrote “the Government’s proffered basis for its peremptory strikes are clearly race-neutral and, moreover, credible” and noted the defense failed to establish any pretext.
