Judge denies defense's request to exhume body of convicted gunman's father in Pittsburgh synagogue shooting trial
PITTSBURGH (KDKA) — Judge Robert Colville denied the defense request to exhume the body of Randall Bowers, the father of synagogue gunman Robert Bowers, to determine the paternity of the defendant.
The defense has maintained Bowers' father passed on mental illness to his son, but the prosecution has raised doubts that Randall Bowers is the biological father.
It was an extraordinary request and would have extended the already lengthy trial, which is on its 32nd day. But the judge rejected the request, calling it "untimely."
In the final sentencing phase of the trial, the defense has presented mental health experts who have testified the gunman genetically inherited the family's history of schizophrenia and should not be sentenced to execution.
They testified the gunman's father, who killed himself in 1979, had been diagnosed with schizophrenia and passed it on to his son. But, since the prosecution has cited evidence that Randall Bowers may not be the defendant's biological father, the defense this week asked the judge to exhume Randall Bowers' body to prove he was.
"Considering that evidence Mr. (Robert) Bowers is a person with schizophrenia is a key part of his defense. The interests of justice support ordering the exhumation of Randall Bowers' body to confirm the paternity for Robert Bowers."
Earlier in the week, the prosecution raised doubts about that paternity, noting that Robert Bowers' mother had told the defense team she was "not positive Dell was the father" and that "there were other men in my life at the time."
In objecting to the motion, the government said it would unnecessarily throw a wrench in the trial.
"First, the issue of the defendant's paternity is tangential and not central to the issues in this case. Second, the motion is completely untimely and threatens delay and distraction from the pressing issues in the trial."
In ruling against the motion, the judge also called it "untimely," saying the defense should have been aware paternity was an issue "at a much earlier juncture so as to avoid confronting the court with a motion for extraordinary relief it now seeks 31 days into the trial."
This is the final phase of the Pittsburgh synagogue shooting trial.
Also on the stand Wednesday were Pastor Jeffrey Dillinger, who did Bible study with and baptized the convicted gunman a few years ago, and Dr. John Edens, a clinical psychologist and expert witness for the defense.
The prosecution rested its case last week and the defense began calling witnesses to the stand. So far, they've focused on the family of the convicted gunman. Dr. Katherine Porterfield, an expert who is testifying about mental health issues, was on the stand Monday detailing the convicted gunman's troubled childhood.
The defense is trying to show why his life should be spared with the jury soon to decide whether he will spend the rest of his life in prison or if he will be sentenced to death.
Last month, Bowers was found guilty of all 63 federal charges in the attack when he shot and killed 11 worshippers from three different congregations, Tree of Life, Dor Hadash and New Light on Oct. 27, 2018. It was the deadliest antisemitic attack in U.S. history.
The three synagogue congregations are divided on whether the death penalty should be imposed as are some of the victims' families. But Jewish leaders said all are thankful for the jury's decision and look forward to testifying about the impact of the attack in the final sentencing phase of the trial.
Recapping the defense's arguments
In their final push in the penalty phase, the defense is trying to convince the jury that the convicted gunman should be spared the death penalty because of mental illness.
They have called Dr. Katherine Porterfield, a psychologist and trauma expert, to the stand. She testified that the convicted gunman's actions stem from a family history of mental illness and abuse at the hands of his parents.
The suspect's father, she said, was violent and committed suicide. And she called the suspect's mother, Barbara Bolt, a lifelong depressive who physically and mentally abused the suspect as a child. Porterfield interviewed Bolt, who bizarrely admitted to showing the child how to sexually pleasure himself and cutting herself in front of him.
"I was a terrible mom. I did horrible things," Porterfield quoted Bolt as saying. "I should do half the sentence. He was provoked into things."
Porterfield said the suspect's childhood environment, combined with a long family history of depression, resulted in him being suicidal at the age of 10 and repeated suicide attempts throughout his teen years. As an adult, she said he became a loner without true friends.
"He's had a very impoverished social life, a very damaged sense of self and suicidality stemming from self-hatred," she said.
But under cross-examination, Porterfield — who never personally interviewed the suspect — conceded she did not include the defendant's own statements denying the suicide attempts and that he has not been suicidal as an adult.
Prosecutors also brought to light that the suspect had reconciled with his mother, had been a responsible employee at a local bakery and kept a tidy apartment as signs that he had adjusted.
The jury also heard from witnesses who knew the suspect as a child.
Dennis Kavanaugh, the suspect's fifth-grade teacher, said during a timed math quiz, the suspect "became anxious, shaking and shouting. I was surprised because he was pretty good at math, but I had to stop the class."
Later, Kavanaugh heard the suspect had tried to harm himself and maybe tried to kill himself, but when he put his hand on his shoulder and tried to counsel him, he said the suspect "made like he was spraying an aerosol can, getting the teacher cooties off his shoulder. I didn't know how to break through to him."
The convicted gunman's family member, Naomi Grimm, a first cousin to his mother, also took the stand.
Recapping victim impact statements
Last week, the prosecution called family members of the victims to the stand to give victim impact statements. The wife and son of victim Dan Stein took the stand; and then, Michele Rosenthal, the sister of victims David and Cecil Rosenthal, talked about her two younger brothers.
Andrea Wedner summed up the loss she feels as a pain in all the small moments when talking about her mother, Rose Mallinger. "I'm haunted by what happened to me and by what I saw and what I heard that day," she told the jury.
The jury also heard victim impact statements from Dan Leger, who dropped from 145 pounds on the day of the shooting down to 110 pounds in the hospital. He couldn't even speak, and said he wrote to his wife on a piece of paper "let me go" because he thought he'd never recover from his injuries.
The brother-in-law of Dr. Jerry Rabinowitz took the stand on Tuesday, stating how his brother-in-law just wanted to help people, which is why he got into family medicine, saying that he would even make house calls after hours.
He added that many people in the family have changed their professions since the deadly shooting took place to do things to more directly help people, like Dr. Rabinowitz did.
Michelle Weiss, the daughter of the slain couple Sylvan and Bernice Simon, said she spoke with her mother every day and was asked what life is like without her.
"I lost my best friend, my confidant, lost my most important people in my life in one day," she said. "It's very hard for me to go on. We don't have holidays anymore, nothing is the same."
Anthony Feinberg, the son of Joyce Feinberg, called his mother "the central cog" in his family who has left such a void.
In earlier testimony, Margaret Durachko, the wife of Richard Gottfried, was the first of more than 20 family members to take the stand during this phase of the trial and testified of how her whole life was turned upside down following the mass shooting at the synagogue.
Diane Rosenthal, the sister of Cecil and David Rosenthal, testified that when they were diagnosed early with fragile X syndrome, her parents insisted they be raised at home with her and her sister Michelle rather than be put in an institution. The boys, she said, were a gift with an infectious joy for life which they spread throughout the neighborhood.
Testifying on videotape, Cecil and David Rosenthal's mother said she thanks God for her sons and couldn't be more proud to be their mother but now they are gone.
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.
