Feds want Tree of Life suspect psychiatric examination

Federal prosecutors have asked the judge presiding over the Tree of Life mass shooting case to give their experts permission to examine the defendant for mental illness.

In a seven-page motion filed Friday, the U.S. Attorney’s Office asks for a psychiatrist, a neuropsychologist and neurologist to be given access to Robert Bowers to assess him in anticipation of any mental health testimony he will offer at trial.

Bowers, 50, of Baldwin is charged with killing 11 people at the Squirrel Hill synagogue building that housed Tree of Life-Or L’Simcha, Dor Hadash and New Light congregations on Oct. 27, 2018.

Jury selection in the case is scheduled to begin April 24. Prospective jurors will begin arriving at the federal courthouse on Grant Street on Monday to begin the process of filling out questionnaires for service.

On Feb. 23, defense attorneys filed a notice with the court that they intend to “introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on the issue of punishment.”

That evidence, according to the notice, will be relevant only if Bowers is found guilty and the case moves to a sentencing phase.

The notice does not spell out what mental health condition the defense is alleging, nor does the government’s motion filed on Friday.

However, the prosecution is asking that its experts be given the opportunity to rebut or confirm the defense claims.

Specifically, the government’s motion asks that a psychiatrist be permitted to interview Bowers and complete a forensic examination; that a neuropsychologist be permitted to observe the psychiatric interviews and conduct additional tests; and that a neurologist conduct a complete neurological evaluation.

As part of the examinations, the prosecution suggests that the experts be permitted to ask questions about the incident, as well as Bowers’ conduct before and after.

The government also asks that no members of the prosecution or defense be present during the examinations, but that the psychiatrist be permitted to record the interview, to be shared with the defense.

The prosecution’s proposal also suggests that the government’s psychiatric expert reports, as well as those from the defense, be delivered to the court clerk in a sealed envelope, only to be opened if Bowers is convicted of a crime that could lead to the death penalty and if he chooses to pursue a mental health defense.

“If he withdraws the intent, the reports may be destroyed upon order of the court and never provided to the government,” the motion said.