15 possible jurors questioned in 1st day of Robert Bowers synagogue shooting trial

Fifteen prospective jurors were questioned on Monday on the first day of jury selection in the case against the man accused of killing 11 people at a Squirrel Hill synagogue in 2018.

It is unclear how many, if any, will be seated on the panel.

Robert Bowers, 50, is charged with 63 federal counts and could face the death penalty if found guilty. The trial, at the federal courthouse on Grant Street in Downtown Pittsburgh, is expected to run until late July and will be divided between the guilt and sentencing phases.

Police said that, on Oct. 27, 2018, Bowers entered the Tree of Life synagogue on Wilkins and Shady avenues where three congregations, Tree of Life-Or L’Simcha, Dor Hadash and New Light, worshipped. He carried four guns, including an AR-15, and opened fire.

He is accused of killing Bernice Simon, 84, and her husband, Sylvan Simon, 86; brothers David Rosenthal, 54, and Cecil Rosenthal, 59; Dan Stein, 71; Irving Younger, 69; Dr. Jerry Rabinowitz, 66; Joyce Fienberg, 75; Melvin Wax, 87; Richard Gottfried, 65; and Rose Mallinger, 97.

Two additional congregants were shot and wounded during worship services that day, and five police officers were injured, including four wounded by gunfire.

Dan Leger, who was wounded in the shooting, sat in the back of the courtroom along with some of the victims’ family members. Two sons of Mallinger, who was killed in the shooting, also sat in the courtroom. They appeared stoic throughout the morning proceedings.

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• Robert Bowers trial: What you need to know about Tree of Life synagogue shooting case
• Majority of victims' families in Tree of Life shooting case want death penalty

The first court session in the highly anticipated trial began just before 9 a.m. and concluded about 5:30 p.m. While the court filings in the case have been marked by dissension between the prosecution and defense, jury selection had very little of that.

Typically, after each prospective juror is questioned, the parties discuss whether they believe the person ought to be struck for cause — excused from serving because of a hardship or strongly held beliefs that they can’t ignore, often either for or against the death penalty— and the judge rules immediately.

Although the government and defense argued their positions on Monday, U.S. District Judge Robert Colville said he would take each one under advisement — including the ones where both sides agreed.

In a federal capital case, each side gets 20 peremptory challenges, which may be used to dismiss the potential juror for any reason.

There are unlimited strikes for cause.

Out of the 15 potential jurors who were questioned, 11 of them were the subject of a motion for cause to be struck. In some cases, that was for a hardship — not being able to miss work for so long; having a prepaid trip scheduled during the trial and for a person with medical problems.

Other motions for cause were made by both the government and defense for prospective jurors who had strong feelings about the death penalty.

The parties agreed to dismiss one man after he said “I, personally, am of the belief that anybody who frivolously takes life forfeits their own.”

Another woman, who said “I’m against the death penalty altogether,” was also the subject of a motion. In her case, she has a hardship, as well — a trip to New York City, including a Janet Jackson concert, scheduled in May.

One woman, whose cousin is a police officer, was also the subject of an agreed-upon motion to strike. In her questionnaire, she wrote, “hate crimes are mostly hoaxes, and they’re overblown by the media.”

During questioning, she clarified her position by saying that what she meant is that when there is a crime, people often try to turn it into a hate crime.

The four prospective jurors who were not the subject of a motion to strike for cause included a woman who works in real estate for UPMC; a woman who lives in a rural area; a nurse who worked in a covid-19 ICU; and a man who lives in Squirrel Hill near Schenley Park.

Three of the first seven people questioned had ties to either the synagogue or members there. They included: a school teacher who said his colleague was a member of the synagogue and knew three of the victims; an HVAC technician who said he had worked on equipment inside the building but did not speak to anyone there; and the ICU nurse. She said she met a woman who owns a Squirrel Hill flower shop who knew some of the victims at a bachelorette party last summer.

Throughout the day, Bowers, wearing a gray sweater and blue dress shirt, sat at the defense table joined by six attorneys. He occasionally took notes on a yellow legal pad and spoke with his attorneys seated next to him. He was active in looking at material on his attorneys’ laptop and iPad.

Four people sat at the government’s table.

The first person questioned on Monday, the woman who worked for UPMC, spoke for 30 minutes.

When asked to rank her feelings about the death penalty on a scale of 1 to 10, she ranked herself a 5.

“I’m kind of on the fence about it,” she said “I kind of feel like the circumstances would dictate that choice or not… the actions that led to that being on the table.”

The potential juror is Catholic. She said that, while her faith does not approve of capital punishment, she believes she could consider it if seated on the panel.

The second woman questioned told the parties that during the jury questionnaire process in March, in which 1,500 potential jurors filled out lengthy questionnaires, she sat directly behind Bowers.

“He was a person. Not a monster. He was just a person,” she said. “And that surprised me because I didn’t anticipate feeling like that.”

The woman said she also ranked herself as a 5 out of 10 regarding her feelings on the death penalty.

“The gravity of this case… because it was a house of worship. It really should have been a safe space,” she said, becoming choked up. “I just don’t know how much more heinous an action could be. I don’t.”

Her questioning abruptly ended when attorneys passed a note among each others and to the judge.

Both sides agreed that she should be struck for cause based on her demeanor and responses.

Colville did not yet grant the motion.