Prosecution Concludes First Phase Of Case Against Tree of Life Shooter
Two More Eyewitness Testimonies Are Heard Before Prosecution Rests Case Against Shooter; Daughter Of Victim Who Was Injured Speaks; SWAT Officer Testifies
PITTSBURGH—The day of judgment is finally here—part 1 at least.
After 11 days of enervating and emotional testimony, the United States finally rested its case against Robert Bowers. This will end the first of three phases in the Tree of Life shooting trial. In this phase, the jury will deliberate to potentially convict Bowers on 63 counts, including federal hate crimes. If he is convicted, he will then go through eligibility and sentencing phases, where Bowers’ fate will be decided.
On Wednesday, we heard the last two eyewitness testimonies from survivors of the shooting, Andrea Wedner and Timothy Matson. Wedner, who was shot during the shooting, is the daughter of victim Rose Mallinger, who was 97 on October 27th, 2018. Matson, a Pittsburgh police SWAT officer, endured severe gunshot wounds inflicted by Bowers but managed to overcome his injuries and survive.
The rest of the survivors and first responders testified in the early days of the trial. I believe the government has had these two testify now due to the gravity and weight of their stories. Listening to them speak today was hard. Many people in the gallery and media room were crying as Matson and Wedner spoke. After Wedner stepped off the stand, the government played her 911 call to make sure the jury didn’t leave to deliberate without getting reminded of the horror and loss the defendant created.
On Thursday, the defense and prosecution will be given the opportunity to give their closing arguments. After that, the jury will be sent to their chambers for deliberation.
Timothy Matson Testimony
Matson took the stand first, immediately going into his experience within the synagogue. In the SWAT team, he entered with, his role was to be the ‘breacher’. the first to enter new rooms. He remembered walking past deceased victims as he made his way through the synagogue until he got to the room in which they suspected the shooter was holed up.
Ideally, his team would wait for a K9 or robot to clear the room, but they weren’t available, so they had to breach the room themselves. As he crept along the wall of the room, he suddenly collapsed as his legs shot out from under him. He had been shot.
“On the floor, I was in the darkest and calmest place.” - Matson said
4th Floor where Matson was shot and Bowers was finally apprehended, in Room TT
He was on the floor being shot at when his partner, Michael Saldutte, who testified last week, jumped in front of him and protected him with his body armor. Matson’s body was still pummeled with bullets. His team somehow dragged his 310-pound body (365 with all the gear) out of the room, down the stairs, and into an ambulance. As he was stretchered out of the building, he remembered seeing his teammates’ faces and thinking, “Oh, I must be f**ked up.”
Matson, in total, had been shot seven times, shattering his kneecap, tibia, and elbow, tearing multiple ligaments, and leaving him with a broken skull and jaw. His life was spared thanks to his protective gear, which prevented bullets from causing fatal injuries. The tactical vest he wore shielded him from bullets that came dangerously close to his spine, while his helmet slowed down a bullet, averting a potentially tragic outcome.
When asked if he would go through the door again, Matson answered, “I’d go through the door with my team anytime.”
Andrea Wedner Testimony
Andrea was born and raised in Pittsburgh. She grew up playing on the streets, going to synagogue at the Tree of Life, and even getting married in the Pervin Chapel of the synagogue. She was a valued and consistent member of the community. She and her mother, Rose, would go and spend time there, praying and developing relationships with all the people in the congregation. She loved to go and socialize after services; it was her mother’s favorite part of the Sabbath. The neighborhood, the community, the synagogue—it was her home.
On October 27th, 2018, Andrea went to pick up her mother to bring her to services as she would every Sabbath. Rose was not allowed to be late. She had a responsibility, as she would always say the prayer of peace before services started. Even at 97, Rose was an integral part of the Tree of Life congregation.
During her testimony, Andrea warmly described how Rose was an active presence in the lives of her grandkids; they absolutely adored her. She spoke of a strong bond between grandmother and grandchildren, highlighting Rose's cherished role in their lives as their ‘bubby’.
That day, she recalled walking into the Pervin Chapel with Rose and sitting in their regular pew, four rows from the back. Bernice and Sylvan Simon were just four rows ahead of them. Prayers had just started when they heard a loud crash, consistent with what many of the survivors described hearing that day. Then came the gunshots.
“My mom looked at me and asked, ‘What do we do?’ The Rabbi said to get down, so I told her to get down.”
For Rose, it wasn’t an option to run away. She was elderly and slow, and they had no idea where the shooter was—it was complete chaos. Andrea could have run away, but there was no way she was leaving her mother.
Andrea recounted how she then saw the shooter stand in the doorway to the chapel: “I saw him standing there with gray hair and a gray jacket holding a big, long gun, and he fired multiple times.” She said she heard Bernice call 911, telling the operator her husband had been shot in the back.
“I remember us lying down; we were trying to hide; we were filled with terror; we thought we were going to die.”
1st floor, where many of the victims were found. Pervin Chapel where Andrea was shot in Room B
She then told how she had somehow gotten up, not sure how, as the shooter came back into the room. Andrea then told the court how she was shot, with her arm blowing up in two places. She fell to the floor and lay with Rose, who was fatally shot. Andrea didn’t dare move; she played dead, hoping the shooter wouldn’t come back and see her still alive. Andrea stayed with Rose, not leaving her mother’s side.
After a while, she realized law enforcement had entered the chapel. She told how she wiggled her legs to alert the officers that she was still alive. They were able to safely get her outside the building. As she left, she said goodbye to Rose.
“I kissed my fingers to my mouth and touched my mother’s skin; I cried out, Mommy.”
Andrea had called 911 while in the chapel. She requested that the recording not be played while she was there. Once she was dismissed from the stand, the prosecution played the recording. It was awful. Awful to hear the screams and gunshots—the terror perpetrated that day.