Jury hands down death penalty for Robert Bowers, convicted gunman in Pittsburgh synagogue shooting attack

PITTSBURGH (KDKA) -- The jury has recommended the death penalty for Robert Bowers, the gunman convicted of shooting and killing 11 worshipers in a Pittsburgh synagogue in 2018.

This was the final phase of three that made up the Pittsburgh synagogue shooting trial.

"The task before the jury was an enormous task, and they seem to have embraced it with an earnestness and seriousness," said Judge Robert Colville, awaiting the verdict on life or death Wednesday.  

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In this penalty phase, the jury had to weigh five aggravating factors against 115 mitigating ones. That is, the reasons to impose the death penalty against those that call for leniency. 

Aggravating factors were the killing of 11 worshippers inside the synagogue on Oct. 27, 2018, as well as the permanent physical and mental impact left on the survivors. Bowers also wounded two worshippers and four police officers.

Mitigating factors included the gunman's troubled childhood and the psychological issues allegedly plaguing his entire family. 

The jury agreed Bower had a terrible childhood of abuse and neglect, but they rejected the defense contention that he was schizophrenic, seeming to agree with the government that he is just a white supremacist like many others. The jurors voted unanimously on all aggravating factors.

"He killed half the people in that building," U.S. Attorney Eric Olshan said Wednesday. "He murdered them because they were Jewish."

Following the reading of the death sentence, the jury was polled individually, each upholding the death penalty verdict. A judge will impose the sentence Thursday.

The deceased victims were Joyce Fienberg, Richard Gottfried, Jerry Rabinowitz, Cecil and David Rosenthal, Daniel Stein, Bernice and Sylvan Simon, Irving Younger, Melvin Wax, and Rose Mallinger.

The families of the victims were inside the courtroom as the verdict came in on Wednesday. The sisters of the Rosenthals held hands and fought back tears. Andrea Wedner, the daughter of Mallinger, bowed her head and was also teary-eyed. Many comforted each other.

In 37 days of trial, the jury saw picture evidence of the brutal murders of each of the 11 victims shot at close range with an AR-15 rifle, heard the testimony of victims and police survivors, and family members who described their immeasurable loss. 

But they also heard hours and hours of testimony from mental health experts from both sides arguing over Bowers' mental state — whether he knowingly and willingly planned and executed the attack or whether he was controlled by delusional beliefs.

In voting to impose the death penalty, the jury ruled the horrific nature of the atrocity requires the ultimate punishment, voting that Bowers killed defenseless victims for religious reasons, but also that he has shown no remorse for his actions. 

Defense and prosecution witnesses quoted him as saying he was proud of what he had done, only wished he had killed more, and believed there should be a parade in his honor. Instead, he will be sent to federal death row to await execution. 

In the last six months of the Trump administration, the government executed 13 prisoners by lethal injection. None have been put to death under President Joe Biden, and United States Attorney General Merrick Garland has instituted a moratorium, but that could change under a new president. 

The prosecution rested its case on July 19, and the defense began calling witnesses to the stand. They focused mostly on the family of the convicted gunman, trying to show why his life should be spared. They wrapped up their case on the last day of July after calling the convicted gunman's aunt to the stand.

The jury was tasked with deciding whether the convicted gunman would spend the rest of his life in prison or be sentenced to death. They deliberated for about 10 hours over two days.

In the first phase of the trial in June, Bowers was found guilty of all 63 federal charges in the attack when he shot and killed 11 worshippers from three different congregations, Tree of Life, Dor Hadash and New Light, on Oct. 27, 2018. It was the deadliest antisemitic attack in U.S. history.  

The jury then determined the convicted gunman was eligible to face the death penalty in the second phase of the trial, which culminated on July 13.

The three synagogue congregations were divided on whether the death penalty should be imposed as are some of the victims' families. 

Federal officials speak after jury's verdict

U.S. Attorney Eric Olshan acknowledged that while nothing can bring back the 11 people who were killed at the synagogue on Oct. 27, 2018, he said prosecutors wanted to hold the gunman accountable.

"While today's verdict may mean many things to many people, it cannot change what happened on Oct. 27, 2018. It cannot bring back any of the 11 victims. No verdict can set things right or restore what was lost this morning," Olshan said. 

"As in every case, our responsibility and goal has been to seek justice on behalf of the victims and community, and every day since Oct. 27, 2018, that has been what we tried to do, to do our part to seek justice for the victims and hold this defendant accountable to the fullest extent of the law." 

He thanked the jury and also recognized the first responders who were at the scene as well as agencies that investigated the shooting and victims who testified. 

"This case at its core is about the victims, those who are no longer with us and those who have so bravely and gracefully carried the trauma of that day every day since. This case has always been about those who survived and those who beared witness for those who have not," he said before reading the names of the 11 people killed. 

Survivors and victims will be able to speak during a formal sentencing hearing Thursday, Olshan said.

Special Agent in Charge Christopher Giordano also spoke, expressing support for the victims and those impacted by the shooting. 

"I want to make one thing clear: Hate has no place in our community. We will stop at nothing to keep our community safe," he said.

Legal analysis from attorney Ken Haber

Recapping the defense's arguments

In their final push in the penalty phase of the trial, the defense spent their time trying to convince the jury that the convicted gunman should be spared the death penalty because of mental illness.

Witnesses for the defense testified that if the convicted gunman is sentenced to life in prison, it would still be considered a harsh punishment. 

Prison expert Maureen Baird testified that if sentenced to life without the possibility of a release, Bowers would likely be sent to the federal supermax prison in Florence, Colorado. It is a facility designed to house inmates who are too highly profiled or present too great a security risk for even a maximum security prison.  

In a surprise motion filing last week, the defense requested the remains of the convicted gunman's father be exhumed for DNA testing. The request, which was ultimately denied by Judge Robert Colville, came following the prosecution's raising of doubts that Randall Bowers is the biological father of Robert Bowers

In the final sentencing phase of the trial, the defense presented mental health experts who have testified the gunman genetically inherited the family's history of schizophrenia and should not be sentenced to execution.

Dr. Katherine Porterfield, an expert who testified about mental health issues, was on the stand, detailing the convicted gunman's troubled childhood.  

Recapping victim impact statements

The prosecution called family members of the victims to the stand to give victim impact statements. The wife and son of victim Dan Stein took the stand; and then, Michele Rosenthal, the sister of victims David and Cecil Rosenthal, talked about her two younger brothers.

Andrea Wedner summed up the loss she feels as a pain in all the small moments when talking about her mother, Rose Mallinger.

"I'm haunted by what happened to me and by what I saw and what I heard that day," she told the jury. 

The jury also heard victim impact statements from Dan Leger, who dropped from 145 pounds on the day of the shooting down to 110 pounds in the hospital. He couldn't even speak, and said he wrote to his wife on a piece of paper "let me go" because he thought he'd never recover from his injuries. 

The brother-in-law of Dr. Jerry Rabinowitz took the stand, stating how his brother-in-law just wanted to help people, which is why he got into family medicine, saying that he would even make house calls after hours. He added that many people in the family have changed their professions since the deadly shooting to do things to more directly help people, as Dr. Rabinowitz did. 

Michelle Weiss, the daughter of the slain couple Sylvan and Bernice Simon, said she spoke with her mother every day and was asked what life is like without her. 

"I lost my best friend, my confidant, lost my most important people in my life in one day," she said. "It's very hard for me to go on. We don't have holidays anymore, nothing is the same." 

Anthony Feinberg, the son of Joyce Feinberg, called his mother "the central cog" in his family who has left such a void.

In earlier testimony, Margaret Durachko, the wife of Richard Gottfried, was the first of more than 20 family members to take the stand during this phase of the trial and testified of how her whole life was turned upside down following the mass shooting at the synagogue.

Diane Rosenthal, the sister of Cecil and David Rosenthal, testified that when they were diagnosed early with Fragile X syndrome, her parents insisted they be raised at home with her and her sister Michelle rather than be put in an institution. The boys, she said, were a gift with an infectious joy for life which they spread throughout the neighborhood. 

Testifying on videotape, Cecil and David Rosenthal's mother said she thanks God for her sons and couldn't be more proud to be their mother but now they are gone. 

Support is available for those in need during the trial

If you or someone you know is experiencing mental health effects from the trial, go to 1027healingpartnership.org to find help resources. As always, call 911 to report threats. 

Phone: 412-697-3534
Email: info@1027HealingPartnership.org
Website: 1027healingpartnership.org

More resources can be found here.

In:
• Pittsburgh Synagogue Shooting Trial
• Robert Bowers
• Pittsburgh