July 21, 2023 | 3 Av 5783
Candlelighting 8:27 p.m. | Havdalah 9:32 p.m. | Vol. 66, No. 29 | pittsburghjewishchronicle.org
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Verdict: Synagogue shooter eligible for the death penalty
Community reacts to eligibility phase verdict
Dr. Richard Gottfried, who was murdered on Oct. 27, 2018, carries the Torah during a procession from New Light Congregation’s old building toward its new space in the Tree of Life building, in 2017. Photo by Barry Werber
Jeffrey Finkelstein, president and CEO of the Jewish Federation of Greater Pittsburgh, gives a statement after the jury’s eligibility decision in the Pittsburgh synagogue shooting trial on Thursday, July 13 outside Joseph F. Weis Jr. U.S. Courthouse, Downtown. The jury found the gunman eligible for the death penalty.
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urors unanimously decided on July 13 that the man who killed 11 worshippers in the Tree of Life building on Oct. 27, 2018, is eligible to receive the death penalty. The decision, which was reached after less than two hours of deliberation, closed a three-week process during which the defense tried to prove the shooter was not eligible for the death penalty because of various purported mental illnesses and that his antisemitism resulted from delusions. In rejecting the defense’s claims, jurors found the defendant intentionally and specifically engaged in violence, knowingly created great risk of death and planned and promoted the killings. After Judge Robert J. Colville read the unanimous decision, lead defense attorney Judy Clarke asked him to poll the jury. Each of the 12 jurors stood and affirmed that the defendant was eligible for capital punishment. Last month, the jurors found the defendant guilty on all 63 federal counts he faced, including 22 capital offenses. The trial moved into its final sentencing
phase on Monday. During this phase, which Colville said he expects to last seven to 10 days, the prosecution is presenting testimony from family members of those killed — Joyce Fienberg, Richard Gottfried, Rose Mallinger, Jerry Rabinowitz, Cecil Rosenthal, David Rosenthal, Bernice Simon, Sylvan Simon, Daniel Stein, Melvin Wax and Irving Younger. Others who were injured or otherwise affected will offer statements as well. The defense will offer mitigating evidence about the defendant. Jurors will then determine whether he should receive the death penalty or life in prison.
Photo by Emily Matthews/Pittsburgh Union Progress
By Harrison Hamm | Contributing Writer and Delaney Parks | Contributing Writer
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U.S. District Judge Robert Colville spent the first 45 minutes Monday morning instructing the jury on what they would hear during this phase of the trial and how they should determine whether the shooter should be sentenced to death. A federal life sentence, he explained, offered no opportunity for parole. He said it was up to each juror to decide individually if the convicted murderer deserved the death penalty.
embers of Pittsburgh’s Jewish community responded after the jury for the synagogue massacre trial unanimously found the shooter eligible for the death penalty, moving the trial to the third and final phase. The trial is now in its sentencing phase, where family members of the victims will deliver impact statements about the lives lost and the defense will offer mitigating evidence about the defendant’s life. On Oct. 27, 2018, Robert Bowers killed 11 worshippers from three congregations in the Tree of Life building — Dor Hadash, New Light and Tree of Life. Those killed were Joyce Fienberg, 75; Richard Gottfried, 65; Rose Mallinger, 97; Jerry Rabinowitz, 66; David Rosenthal, 54; Cecil Rosenthal, 59; Bernice Simon, 84; Sylvan Simon, 86; Dan Stein, 71; Irving Younger, 69; and
Please see Trial, page 10
Please see Reaction, page 11
Judge’s instructions
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The trial’s third phase explained
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