Legal expert claims Pittsburgh synagogue shooting suspect 'easily qualifies' for death penalty
PITTSBURGH (KDKA) -- Jurors returned to the federal courthouse Monday morning as the sentencing phase of the Pittsburgh synagogue shooting trial is getting underway.
Earlier this month, Robert Bowers was convicted and found guilty of all 63 federal charges he was facing for the attack at the Tree of Life synagogue on Oct. 27, 2018, when he killed 11 worshippers from three different congregations, Tree of Life, Dor Hadash, and New Light. It was the deadliest antisemitic attack in U.S. history.
Will Robert Bowers face the death penalty? The jury must first determine if the defendant is eligible for the death penalty. A legal expert says he easily qualifies.
Government prosecutors say the massacre at the synagogue is the kind of case for which the ultimate penalty of death is reserved, that the defendant's actions meet several aggravating circumstances, the pre-mediated and planned murder of multiple, vulnerable defenseless victims.
"It is a slam dunk in terms of proving aggravating circumstances," said Bruce Antkowiak, law professor at St. Vincent College.
The Government presented testimony from the adult children and siblings of several, mostly elderly victims who testified to their vulnerability at the time the gunman shot them. This included 97-year-old Rose Malinger, whose son Stanley testified had poor hearing and eyesight, suffered from arthritis, walked with a walker.
"He killed victim after victim with his AR-15 rifle. He shot Jerry Rabinowitz in the head. He shot Irving Younger in the head... He shot Bernice Simon while she held a prayer shawl the wound in her husband Simón's back," said prosecutor Tory Rivetti.
The defense conceded the suspect met all the thresholds for eligibility except for intent. Defense attorney Michael Burt said he will present medical experts proving Bowers is both schizophrenic and epileptic, causing him to embrace wild conspiracy theories about Jews.
"The structure and function of Mr. Bowers' brain is impaired in many respects causing him to form the delusional, paranoid belief system. That delusion and mental illness led directly to the event of Oct 27th, 2018," Burt said.
Antowiak said it isn't likely it'll sway the jury in this phase. "It's going to be very surprising if the jury does not ratify his eligibility. I think the defense is fully anticipating that. And will be ready for when it happens."
The prosecution has rested in this part of the trial. The defense will begin its case Tuesday.
The penalty phase is expected to last for several weeks.
During the three-week long guilt phase of the trial, there was little to no doubt surrounding whether or not he was responsible for the killings inside the Squirrel Hill synagogue. The guilty verdicts took less than five hours.
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.
