Attorneys for convicted Pittsburgh synagogue gunman seek resentencing
More than two years after a jury sentenced the Tree of Life synagogue shooter to death, his attorneys are taking the next step to reverse the decision by seeking a resentencing.
Law professor at St. Vincent College Bruce Antkowiak said the appeals process is really just getting started for Pittsburgh synagogue shooter Robert Bowers.
"It is going to take another period of years before this is all resolved," Antkowiak said.
In August 2023, the gunman was sentenced to death for the murder of 11 worshippers at the Tree of Life synagogue in Squirrel Hill in 2018. Shortly after, in spring 2024, the district court denied an appeal, and the gunman's lawyers filed a notice to appeal in the United States Court of Appeals for the Third Circuit. Earlier this month, his attorneys officially turned in that brief.
"There is no second chance to raise any of these issues, and so they're going to raise just about everything they can," Antkowiak said.
In a nearly 500-page appeal, Bowers' lawyers asked for a new sentencing hearing after accusing the prosecution and the court of "overreach." They brought up 16 issues, including jury selection, whether a juror who said they reviewed death sentences and oversaw executions in China should have been seated, and whether two jurors who shared reservations about the death penalty should have been struck.
The appeal also claimed marshals shackled the gunman's legs during the death penalty eligibility trial, saying at the time, the court said marshals "identified an unknown security threat." His attorneys claimed these restraints "[harmed] Bowers' ability to participate in the trial." They said they didn't get more details until months after the sentencing, learning it was due in part to an email from the chief deputy marshal saying, "Butler County prison officers have reported that Bowers told them he knows who is armed and [he] feels confident he could disarm them."
"There has to be an independent showing that whatever error occurred was of sufficient seriousness that it really prejudiced the outcome of the case," Antkowiak said.
Antkowiak said it will be difficult for the defense to make a case for a reversal or a new trial, whether at this stage, or if they continue to get denials back and forth through the courts, because he said when it comes to the death penalty, the court and the prosecution put in extra effort to ensure there are no errors in the first place.
"Most criminal appeals do not result in a successful outcome for a defendant," Antkowiak said.
The synagogue gunman remains on death row in Indiana, as he and his attorneys wait for prosecutors to file a response to their motion.
On Monday, the Jewish Federation of Greater Pittsburgh released a statement:
"We will forever stand with the families and survivors of the Tree of Life building attack. The jury verdict and sentencing reflected the gravity of this horrific crime, and we believe justice was served. We have full confidence in the prosecution team and the judicial system as this process moves forward."