Pittsburgh synagogue shooting trial: What to expect as sentencing phase is set to begin

CBS News Pittsburgh

PITTSBURGH (KDKA) -- The sentencing phase of the Pittsburgh synagogue shooting trial is set to begin next week and jurors will decide whether or not the convicted gunman should face the death penalty.

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 October 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.

Sketches by Emily Goff

Joyce Fienberg, Richard Gottfried, Rose Mallinger, Jerry Rabinowitz, Cecil and David Rosenthal, Bernice and Sylvan Simon, Daniel Stein, Melvin Wax, Irving Younger were all shot and killed that morning. 

The penalty phase

As the penalty (or sentencing) phase begins, jurors will decide whether the convicted gunman should spend the rest of his life in prison or whether he should be sentenced to death. 

The penalty phase will consist of two parts. First, jurors will decide if the gunman is eligible for the death penalty. Then, if deemed eligible, jurors will hear victim impact statements and then decide upon the sentence of life or death. 

The defense could possibly enter mental health evidence and testimony to the gunman's altered state of mind. It's another difficult step the worshippers will need to endure, with the gunman sitting emotionless just feet away.

Who is defense attorney Judy Clarke?

With jurors poised to begin hearing testimony during the penalty phase of the trial, Clarke will ask the jury to spare the gunman's life by trying to humanize him.

Sketches by Emily Goff

Clarke doesn't speak to reporters, but has a past history of aiming to prevent high-profile murder suspects from receiving the death penalty. She has obtained plea bargains for Ted Kaczynski, the Unabomber, Eric Rudolph, Atlanta Olympics Bomber, and Tucson mass shooter Jared Lee Loughner.   

Defense attorney Judy Clarke has a past history of aiming to prevent high-profile murder suspects from receiving the death penalty. KDKA

She convinced a jury not to impose the death penalty on Susan Smith, the woman who drowned her two children in a lake in South Carolina in 1994. Now, she'll try to do the same here in Pittsburgh for Bowers.  

Recapping the guilt phase of the trial

During the three-week long guilt phase of the trial, there was little to no doubt surrounding whether or not the accused gunman was responsible for the attack on the synagogue. 

From the prosecution's side, the government focused on proving that the gunman was indeed responsible for the 11 deaths and numerous others wounded in the shooting, but also focused on graphic details from the tragic day in order to show that his actions indeed merit the death penalty that they are seeking to have imposed. 

Numerous first responders and survivors were called to the stand during the multiple weeks of testimony, all detailing the gunfire and horror they witnessed and told of how they were hiding during the shooting. 

Witness Barry Werber gives testimony during the Pittsburgh synagogue shooting trial on May 31, 2023, smiling as he affectionately remembers Cecil Rosenthal. (Photo: Emily Goff)

With the first of police witnesses, close to a dozen officers testified they did not hesitate and went immediately and directly into the building and towards the gunfire -- several paying a heavy price for their valor.   

Pittsburgh Police officer Daniel Mead detailed how he came face-to-face with the gunman alongside officer Michael Smidga, both immediately met with gunfire coming through the front door of the synagogue as they responded to the calls for an active shooter in the building.  

Additional officers testified about how they located the gunman and the massive gun battle that took place between police and the suspect.

Other testimony focused on the gunman's social media postings ,which prosecutors said shows his hatred for Jews. Nearly three dozen posts were made in just the last week leading up to the shooting.  

FBI agent Evan Browne reads the social media posts of the accused gunman in the Pittsburgh synagogue shooting trial on June 13, 2023.  (Photo: Emily Goff)

On the defense's side, no claims were made to oppose that the gunman was responsible for the attack. 

"This senseless act and devastation was caused by Robert Bowers, there is no disagreement. So, you may be looking at me right now and say why are we here," Defense attorney Judy Clarke told the jury during her opening statement. 

Clarke said that during he guilt phase, she would have little to say to the prosecution's witnesses. In fact, once the prosecution rested, no witnesses were called by the defense.

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.

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