Attorneys for convicted Pittsburgh synagogue shooter seek to have death sentence vacated
Attorneys for Pittsburgh synagogue shooter Robert Bowers want his death sentence vacated and the chance for him to live out his days behind bars, making their case Tuesday in a federal appeals court.
Bowers currently spends his days awaiting execution on federal death row in Terre Haute, Indiana, and synagogue shooting survivor Audrey Glickman believes that is where he belongs, not serving a life sentence somewhere else.
"I would much rather have him there than in life in prison, which he might have considered to be comfortable," Glickman said.
A team of federal public defenders on Tuesday cited a handful of reasons why a three-judge panel should give Bowers that chance, though they conceded Bowers had caused "profound and irreparable harm;" they argued his death sentence should be vacated, and a new sentencing hearing be held.
First, they objected to the fact that Bowers, who was unrestrained during the trial, was suddenly shackled around his ankles during the penalty phase.
While prosecutors cited evidence that Bowers had become aggressive and bragged in the Butler County Prison that he could disarm a federal marshal, his defense said the shackles could've prejudiced the jury, and there should have been a hearing on why they were necessary.
The defense also challenged the court's decision to seat a juror who immigrated from China, where she once worked reviewing policy and monitored at least one execution. Though prosecutors disputed a claim that the person had "acted as executioner," Bowers' defense said she could be seen as favoring the death penalty over life in prison without parole.
Finally, the defense argued that Bowers was incorrectly charged under hate-crime law, which applies to race but not religion.
Assistant U.S. Attorney Jenea Lamar said Jewish people constitute both a religion and a race.
"Bowers went inside and murdered people worshipping," she said. "He murdered them because they were Jewish."
"Everyone who has been convicted has the right to appeal," Glickman added.
Glickman, who lost friends in the attack and survived the shooting by burying herself under laundry in a storage room, believes it's proper for the court to hear and debate the appeal but says she herself is unswayed.
"You hope the judges don't vacate this sentence," KDKA-TV's Andy Sheehan asked.
"I do hope that indeed. One can only hope," Glickman said.
Now, those three judges will decide whether to vacate the sentence and/or order a new sentencing hearing, and the defense hopes that Robert Bowers may spend the rest of his life behind bars but avoid the death penalty.
