The Pittsburgh Tree of Life synagogue mass shooter, who was convicted this month in the 2018 killings of 11 people in the nation’s deadliest antisemitic attack, had a history of psychotic symptoms that impaired his brain, his defense attorney argued Monday.
In the penalty phase of the federal trial, which began Monday, prosecutors are seeking a death sentence for Robert Bowers, who was found guilty on 63 criminal counts on June 16. But Bowers’ defense team said the gunman has psychotic, delusional, and paranoid symptoms that make him ineligible for the death penalty.
Defense lawyer Michael Burt told jurors that Bowers has a history of suicide attempts and has had brain impairments since childhood, including symptoms of epilepsy and schizophrenia. Medical tests found Bowers’ brain to be “structurally deficient,” Burt added.
Prosecutors countered the defense team’s argument and said Bowers had a clear intent to kill everyone he encountered in Pittsburgh’s Tree of Life synagogue on Oct. 27, 2018.
“He came to kill,” said prosecutor Troy Rivetti. “The defendant entered the Tree of Life synagogue, a sacred place to gather and pray, and he murdered 11 innocent worshippers.”
Defense focuses on Bowers’ mental health
While the defense admitted Bowers carried out the attack, Burt told the jury Monday that Bowers’ brain impairments caused him to be delusional and the jury is unable to impose a death sentence on him because of his inability to form a requisite level of intent. “Those delusional beliefs led directly to the horrible events of October 27, 2018,” Burt said.
The defense team is scheduled to begin calling witnesses Tuesday.
But Rivetti said the government was prepared to rebut any mental health defense. He called the magnitude of Bowers’ crimes staggering and said Bowers had a plan to kill Jewish people at the synagogue.
Prosecutors will have to show proof of intent and at least one aggravating factor that made the killings more heinous.
The jury must also decide whether Bowers’ is eligible for the death penalty before hearing further evidence and arguments on whether to impose it, such as victim impact statements and pleas from his relatives. Most of the victims’ relatives support seeking the death penalty.
The same jurors that are now deciding Bowers’ eligibility for the death penalty convicted him on June 16 on all 63 counts he faced, including 11 counts each of obstruction of free exercise of religion resulting in death and hate crimes resulting in death.
The sentencing phase of the trial was expected to last four to five weeks.
Deadliest antisemitic attack in American history
Prosecutors previously said Bowers, a 50-year-old truck driver from the Pittsburgh suburb of Baldwin, hated Jewish people.
He was accused of killing 11 members of three congregations — Dor Hadash, New Light, and Tree of Life — who had gathered together for Sabbath services in Pittsburgh. He also wounded two other worshippers and five police officers.
Authorities said Bowers fired about 100 rounds and shouted “All Jews must die” at the congregants. Bowers made “decision after decision” to pull the trigger, Rivetti said Monday.
Rivetti said Bowers posted antisemitic content online and had fixated on a Jewish refugee-aid organization that he accused of bringing in “invaders.”
Many of Bowers’ victims were frail and elderly, according to Rivetti. He showed a photo of Bernice Simon’s cane that was left on a pew. Simon was shot and killed while she was attempting to care for her mortally wounded husband, both in their 80s.
Relatives of several victims gave testimony, noting the victims had difficulty walking, hearing, or a lack of situational awareness.
Diane Rosenthal testified to the genetic developmental disabilities of her brothers, Cecil and David Rosenthal. She said her brothers needed help dressing themselves and were distressed by loud noises.
Diane Rosenthal said her brothers always attended the Saturday service at Tree of Life. “That was their comfort place, that was their safe place,” she said.
Contributing: Jeanine Santucci, USA TODAY; Associated Press
USA TODAY
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