Recap: A Glimpse into the Haunting Testimonies and the State of the Trial

Reflecting on the Horrifying Testimonies and the Trial's Current Progression

PITTSBURGH - The first week of testimonies, which concluded on June 2nd, left a lasting impact. As court proceedings resumed today, here’s a recap and my personal experience with the often distressing and graphic testimonies presented last week.

Monday is the fifth day of the trial of Robert Bowers, 50, of Baldwin, who is accused of killing 11 people and wounding several others in a mass shooting at the Tree of Life synagogue in Squirrel Hill. Bowers, who has been in custody since the day of the attack, faces 63 federal counts, including 11 counts each of obstructing the free exercise of religion and hate crimes resulting in death.

We’ve heard from 21 witnesses for the prosecution. The defense has cross-examined only three of the witnesses, asking just a couple of questions each time. The testimony provided by witnesses has largely focused on eyewitness accounts from nine survivors and the police and SWAT officers.

It has been extremely difficult to listen to. The 911 calls, the near-miss stories, and the close gunfire encounters with Bowers have all been detailed and emotionally charged. This seems to be the strategy of the prosecution for the beginning stages of this trial: to appeal to the jurors’ emotions.

Survivors Testimony

From the first witness of the trial on, there wasn’t a dry eye in the courtroom. Hearing testimony like Bernice Simon’s 911 call, where she got killed while on the phone, and then the custodian's escape, was jarring. The prosecution intended on jumping right into the harrowing and heinous crimes committed against innocent worshippers.

We heard from nine out of the 11 survivors, who told stories straight out of a nightmare. These people had gone to synagogue, like they do every Saturday, and were massacred. The trial started with these testimonies to paint a picture of what happened for the jury and help them understand the magnitude of the crimes that were committed.

There were many incredible and heartbreaking recollections. Specifically, Carole Black and Barry Werber, who were hidden in a storage closet of a room that Bowers entered, only to miraculously not see them. Rabbi Jeffrey Myers, told of how he hid in a bathroom, and prayed for his life, as he listened to the sounds of his congregants being slain. Dan Leger told the court about how he went against his medical training and ran towards the gunfire, where he was shot and then forced to play dead while he bled out for 35 minutes until medics saved him.

The two survivors who have not spoken are Joe Charney and Andrea Webner. Joe Charney passed away earlier this year, and it seems that the prosecution is waiting to bring Andrea to testify. Andrea is the daughter of Rose Mallinger (97), and many believe hers will be the most horrific and terrifying testimony.

In The Courtroom

The mood and energy in the courtroom shift constantly, depending on the testimony and witnesses. Judge Colville -  when he can - likes to keep things calm and orderly, not making a big deal about anything. A colleague in the media room commented that Judge Colville is the most patient judge she has seen in her career. Colville offers some comedic relief to the courtroom at times, telling attorneys that he’d like to sleep on motions they make instead of deciding at that moment.

When the witnesses are on the stand, though, things could get tense, graphic, and, at times, lighthearted. Some survivors were fascinated with the technology in the courtroom, routinely commenting on it, and the custodian (one of the witnesses) kept on referring to one cop at the crime scene as “the one who said the F-word a lot,” all of which elicited slight chuckles from the gallery.

However, the 911 calls have us in the media, and the families of the victims, gasping; appalled at what we are hearing. When you hear the details of what happened, you are able to see the perfect storm that occurred. Bowers chose a synagogue whose youngest congregant was 54 and mentally disabled, and almost everyone else was old and unable to run away, as his target; they were fish in a barrel.

In the courtroom, I sit roughly 20 feet away from Robert Bowers. I grew up three blocks away from the Tree of Life. The synagogue I attend is only a quarter of a mile away. There are no words to describe the emotions I feel when I see him and hear the destruction he caused. The closest I can come is to call it pain and anguish.

State of the Trial

This is the first of three parts that the trial will go through; it is referred to as the guilt phase, where they will most likely convict Bowers of federal hate crimes.

The subsequent and crucial phase will be the sentencing phase, where the prosecution seeks the death penalty. Despite the trial taking place in Pennsylvania, the federal charges allow for this penalty.

The defense has no excuses for what he did, even stating as much in their opening statements when they told the jury they would not try and justify what Bowers did -  as it was inexcusable - but rather scrutinize his intentions behind the murders.l.

“Scrutinize his intent to kill”

This is the key to understanding how the defense is going to proceed. They will attempt to prove that his intent was based on his hatred for HIAS, an organization that aids immigrants in coming to America. An organization that used to predominantly help Jewish immigrants.  I have a personal connection to this agency, as it was involved in helping my mother and her family come from Russia 35 years ago.

HIAS has now expanded to help all immigrants, not just Jews. The defense will try to pin all his hatred on HIAS and explain that the reason why he attacked the Tree of Life was due to their affiliation with and support of HIAS, not because they are Jewish.

The defense's attempt to pin Bowers' motives solely on HIAS rather than his targeting of the Jewish community raises concerns. Such an argument, if successful, could establish a dangerous precedent within the legal system. It could be the answer to the debate held in society and on many college campuses: can one be anti-Zionist and not anti-Semitic, or are they the same thing?

I cannot imagine the fallout it would have on society if that were a legitimate argument in today’s world. I’ll be delving deeper into this subject later this week in a conversation with Professor Rachel Moran from UC Irvine Law School, who specializes in civil rights and how the law treats minorities - which Jews are -  believe it or not.

Besides that, their argument already has holes poked into it. At the end of the week, the prosecution brought the SWAT officers who apprehended Bowers in the synagogue to testify. They gave explosive testimony, recalling the comments Bowers made at the end of his rampage.

When asked why he did it, Bowers said “I had enough, they are killing our children, all Jews need to die,” He reportedly spoke calmly, even conversationally, one officer said. The last juror of the week came and testified to what Bowers had posted online, “Jews are children of Satan.” 

The next few weeks will be very interesting.