Potential jurors asked about death penalty as selection continues in Robert Bowers trial

Attorneys in the case of the man accused of killing 11 people at a Pittsburgh synagogue questioned an additional 19 prospective jurors on Tuesday on the second day of the selection process.

That brings the total number of people questioned thus far for jury selection to 35.

It remains unclear if any of those questioned will be seated on the panel.

Robert Bowers, 50, of Baldwin is charged with 63 federal counts and could face the death penalty if found guilty. The trial is expected to go through late July.

On Oct. 27, 2018, police said Bowers entered the Tree of Life synagogue in Squirrel Hill where three congregations, Tree of Life-Or L’Simcha, Dor Hadash and New Light, worshipped — armed with four weapons, including an AR-15.

Killed in the attack were 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, and five police officers were injured, including four wounded by gunfire.

In a typical trial, once a prospective juror has been questioned, either the prosecution or defense can make a motion to strike for cause, meaning that the person should be excused from serving on the jury. Some of the reasons to be struck include having a hardship — like difficulty with childcare or work — or having a strongly held belief — like being for or against the death penalty.

Normally, the judge will either grant or deny the motion on the spot. If it is granted, the person is dismissed from serving. If denied, the parties then must decide if they want to exercise a peremptory challenge — meaning they exclude the person from serving for any reason.

In a federal capital case, each side gets 20 peremptory challenges.

In the Bowers case, U.S. District Judge Robert Colville is not ruling on motions to strike for cause until the next day, and the parties have not yet used any peremptory challenges.

At the start of the day on Tuesday, seven prospective jurors from Monday remained under consideration to possibly be seated.

Until Colville rules on the motions to strike from Tuesday, it will be unclear how many additional prospective jurors could be up for consideration.

By the end of the day on Tuesday, there were six people excluded from service for hardships, and seven more were the subject of a motion to strike for cause.

Those interviewed on Tuesday included a Methodist woman who said she wasn’t sure she could sentence someone to death; and another woman whose husband works on a forensics unit trying to restore people there to legal competency to be able to go through the criminal court process.

Two corrections officers were also both part of the panel, and there were two educators, as well.

An older Catholic man said he has a fishing trip planned for May.

In questioning the older man, government prosecutor Barry Disney asked, “Do you want to serve on this jury?”

“Yes and no,” he answered. “I think it would be very difficult to do it.”

Disney then explained that any potential juror over age 70 can request to be excused from service.

“Do you want to be excused?” the attorney asked.

“That would be the easier way out,” he answered.

But, then he said he recognizes his duty to serve.

“It takes people to make the system work.”

On Tuesday, another woman who was questioned initially said that she believed that hate crimes are “overblown by the media.”

“That’s all we see nowadays,” she said. “It’s damaging, and it causes people to have a lot of negative opinions.”

She then went on to say that she is generally opposed to the death penalty.

“I don’t think I could ever vote for the death penalty,” she said. “It would just feel wrong, morally, to me.”

The government made a motion to strike her from the panel based on the woman’s statements about capital punishment.

The defense did not object.