Opening Statements and 911 Call Unveil Horrific Details in Federal Hate Crime Trial of Robert Bowers

Emotionally Charged Opening Statements Expose the Disturbing Depths of Hate in Landmark Federal Hate Crime Trial of Robert Bowers and a Transcript of the First 911 Call Mark the First Day in Court

PITTSBURGH - “To destroy, to kill, and to defile”

This was how prosecuting attorney Soo Song, in her opening statements, described the intentions of Robert Bowers when he decided to enter the Tree of Life Synagogue on October 27th, 2018.

Song spent about 40 minutes setting the scene of that fateful day and going through each victim’s morning. What the normal routines of the ‘most devout and faithful congregants were each Saturday morning before heading off to services.

She then continued to explain the actions the defendant took, posting a message online, “I’m going in,” right before going in. Song used the word ‘hunt’ to emphasize the manner in which Bowers went in. She stated that there was no spray of gunfire, but shots directly to the head and body of his victims.

It was truly horrific to hear Song describe the gory details of the attack. This was just an opening statement, and it would not get easier.

Defense attorney, Judy Clarke, who famously defended murderers like the Unabomber and the Boston Marathon bomber, then went up and gave her opening statements.

She did not hide the fact from the jurors that Bowers was guilty.

“There is no disagreement, no doubt that he did this,” said Judy Clarke

She is trying to push the jurors to examine the type of charges that Bowers is facing. Bowers is facing federal hate crimes, not murder charges. If he were to be charged with murder, then the question of whether he did it or not would be the subject of the guilt phase. Here, he is being charged with hate crimes. The intent of his actions will be up for argument, not if he did it. This is important to note, and she made sure the jury was aware by showing them a written definition of what a hate crime is.

Noting that based on his online comments, he was not attacking them because they were Jewish but because they supported HIAS, a Jewish American nonprofit organization that provides humanitarian aid and assistance to refugees coming to America.

As will be shown from his online statements, according to his lawyers, his hate was that the Jews let immigrants into the country, not that they were Jewish. What the defense is trying to do is show that if this is the basis of his actions, he might not be guilty of the hate crimes he is charged with.

The defense made sure not to gloss over his actions, stating multiple times how ‘inexcusable, irrational, and misguided’ his actions were. She strongly reminded the juror that they needed to scrutinize his intent for what he was doing, hoping to illicit a verdict that it was not a hate crime.

It seems that the definition of what a hate crime means will be the subject of the guilt phase. The conversation about how the Jewish people are defined and protected as a minority will be discussed. Later this week, I will post an article in regard to this topic after a conversation with Professor Rachel Moran, who specializes in that area.

The prosecution then brought in their first witness, Shannon Basa-Sabol, a 911 dispatcher at the time of the shooting.

On the day of the shooting, she was at her desk working the phones when a call came across her desk. The court then played the audio recording of the phone call with Bernice Simon, one of the 11 murdered in the Tree of Life. I was not expecting the defense to be playing the recordings this soon. Neither did the rest of the media, as one of the reporters from WPXI commented, “I was not expecting that, I hope they don’t assign me here anymore, because I don’t think I can handle that,”

It was jarring and scary.

Bernice Simon could be heard saying, “Tree of Life, we’re being attacked,”

She said her husband was shot in the back, lots of gunfire could be heard, then the line went dead.

As was normal procedure for a 911 operator, Shannon called back and was connected with Bernice. This would be the last time Bernice could be heard. She was scared and out of breath, frantically waiting for law enforcement to arrive.

Operator: Is your husband breathing?

Bernice: I don’t think so… Oh my gosh

Operator: Where are you?

Bernice: Sitting with my husband in the chapel…He’s still shooting

Operator: Are you hurt?

Bernice: No, I don’t know what the hell is going on…I think he’s dead

Operator: Stay where you are, I don’t want you to move

Bernice: I hear something

Operator: Be quiet

At this point in the phone call, gunshots could be heard loudly coupled with loud and chilling screams. The operator tried to get Bernice to respond to anything, but all that could be heard was Bernice’s agonal breath in the Tree of Life chapel.

It was a clear picture and a clear message that the prosecution was trying to relay to the jurors. This wasn’t just a crazy person killing people who supported an organization (HIAS). This was a targeted attack by someone who was hunting Jews who were, in his eyes, “the children of Satan.”