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She represents the ‘worst of the worst.’ Now Judy Clarke is leading the defense in Pittsburgh synagogue massacre trial.
PITTSBURGH (Pittsburgh Jewish Chronicle via JTA) — When Judy Clarke delivered her opening statement to the jury that will determine the fate of the man charged with committing the massacre in the Tree of Life synagogue building, she did not deny that her client was responsible.
In fact, she sympathized with the victims and their families.
Clarke, 71, began her address by acknowledging the horror of Oct. 27, 2018, and its aftermath.
“The tragedy that brings us together today,” she said in a soft-spoken yet confident voice, is “almost incomprehensible. It’s inexcusable. … Eleven lives were taken, others shattered. The loss that occurred is immeasurable.”
She told the jury there was “no disagreement, no doubt” about the identity of the perpetrator. It was “the man seated at that table,” she said, indicating her client. “He shot every person he saw and, in the process, injured others in their sacred spaces.”
Clarke was appointed to Robert Bowers’ defense team in December 2018, after he requested the counsel of a federal public defender specializing in death penalty cases. He faces 63 criminal counts related to his attack on congregations Dor Hadash, New Light and Tree of Life*Or L’Simcha. Many of the charges carry the death penalty.
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As the trial proceeds, Clarke won’t try to convince the jury her client isn’t guilty. A “win” for her defense team will be for the defendant to avoid a death sentence and instead have him remain in prison for the rest of his life.
Clarke has vast experience defending those whom some call “the worst of the worst.” Her roster of past clients includes Susan Smith, who murdered her two young sons by drowning them in a lake in South Carolina; Theodore Kaczynski, otherwise known as the Unabomber; Buford Furrow, a white supremacist who opened fire in a Jewish community center outside of Los Angeles in 1999; Eric Rudolph, who planted a bomb in Centennial Olympic Park in Atlanta during the 1996 Summer Olympics; and Dzhokhar Tsarnaev, a perpetrator of the Boston Marathon bombing.
Except for Tsarnaev — whose case is under appeal — Clarke succeeded in avoiding a death sentence for all her clients, either by negotiating a plea deal or by convincing the jury that mitigating factors, such as a mental illness, precluded imposition of the ultimate punishment.
Clarke’s team tried to negotiate a deal for a life sentence for Bowers in exchange for a guilty plea but was unsuccessful. Four and a half years after the deadliest antisemitic attack in U.S. history, the three-week jury selection process commenced on April 24 and testimony began on May 30.
“This is not a straightforward murder case,” Clarke told the jury in her opening statement. The federal charges — which include obstruction of free exercise of religious beliefs resulting in death — must be proved by showing the defendant had the requisite intent to commit those particular crimes, she said.
She acknowledged that her client’s actions on Oct. 27, 2018, were “reprehensible” and “misguided” and recounted his virulent social media postings and other rantings about Jews. But she also portrayed him as “quiet” and “socially awkward, a man with few friends.” He didn’t live on his own until he was 44, she said, and his family saw him as someone “more likely to commit suicide than kill others.”
It’s clear that Clarke is appalled by her client’s actions. It’s also clear that she is determined to see that his rights are protected and that the judge and the jury faithfully apply the rule of law.
“Judy is one of the best lawyers I’ve ever known,” said Laurie Levenson, a professor at Loyola Law School in Los Angles and a former federal prosecutor. “She works insanely hard. She spends the time with the clients that she needs to. She doesn’t believe in the death penalty, and she’s devoted herself to representing people who are, you know — ‘the Voyage of the Damned’ is what she would say.”
Levenson, who has known Clarke for three decades, described her as “honest” and “very humble.”
“She doesn’t stand against the victims,” Levenson stressed. “I think she actually feels very much for the tragedy that occurred. But she has a job to do, which is to try to save her client’s life. And she does it with integrity.”
The two met during the Unabomber case, when Clarke was representing Kaczynski and Levenson was a legal commentator for CBS. Kaczynski at first resisted a plea deal sentencing him to life in prison because he did not want to admit to mental health issues.
Defense attorney Judy Clarke, at right, responds to questions at a press conference after the trial of Unabomber suspect Theodore Kaczynski was delayed in Sacramento, California, Jan. 8, 1998.(Rich Pedroncelli/AFP via Getty Images)
“She had a very difficult client, one that I think a lot of people would just sort of throw up their hands and say, ‘What can I do?’” Levenson recalled. “And she was able to get him to agree to that plea, which probably saved his life.”
Ted Kaczynski’s brother, David Kaczynski, praised Clarke for her ability to see humanity, even in those who have committed unspeakable atrocities.
“She has a really good heart, a really good intention,” David Kaczynski said. “I think she really cares about her clients. I think she has a kind of unconditional commitment to their humanity. And, of course, that meant a lot to me, because as much as I deplore what my brother did in harming people, I love him. He’s my brother.”
“So it’s a very fine line to walk, representing the client who has clearly got some serious personal problem,” he continued. “Ted was quite a loner. He was very shy. He had a very difficult time connecting with anybody. And in this very difficult situation, Judy was able to be there for him, and I think that was really meaningful for Ted, that he had some support, some human connection at this time of crisis in his life.”
David Kaczynski has followed Clarke’s career and continues to be impressed with her “professionalism and sense of humility.”
“I think the legal profession is trained to be strictly analytical and adversarial,” he said. “And she somehow works within this environment in a way that preserves her humanity as she’s trying to make people aware of the humanity of someone whose very right to exist is in question.”
Some question whether a person who has committed a heinous crime deserves a zealous defense. Levenson insists they do.
Our judicial system is “best served” when capital defendants are provided with a high-caliber defense, Levenson said, because “it’s in these situations where people are so emotionally invested that we can get it wrong.”
In addition to being a former prosecutor, Levenson created the Loyola Project for the Innocent, which works to get those who are serving sentences for crimes they did not commit out of prison.
Defense attorney Judy Clarke, seen here in Pittsburgh in 2023, is representing the man accused of murdering 11 Jews during Shabbat services in Pittsburgh in 2018. (Screenshot from KDKA report)
“I’ve seen firsthand that there are far too many lawyers who just immediately assume that their client’s not only guilty but should get the most severe punishment — that there’s nothing to be said on their client’s behalf,” Levenson said. “And you and I both know there’s a lot more to any given case, and that even people who do terrible crimes have other aspects of their lives that the justice system should consider.”
“In our system, we are supposed to consider each case, each individual, the facts, and not only determine whether someone’s guilty but what should happen to them,” she continued. “And that works well. When you have a lawyer who’s just going through the motions — and the one thing you can say about Judy is she doesn’t just go through the motions — I think the public can have more confidence in the verdict. As long as that lawyer is acting honestly and with integrity, it’s so much better to have that zealous advocate.”
The massacre at the Tree of Life building “was just a terrible, terrible, terrible tragedy,” said Levenson, who is Jewish. Clarke “will do her best to keep the case in perspective. In other words, focus not on big messages, but on this individual and any mitigating factors for this individual.”
Jon B. Gould, dean of the School of Social Ecology at the University of California-Irvine, has researched attorneys who specialize in death penalty cases. In 2019, along with Maya Pagni Barak, he published “Capital Defense: Inside the Lives of America’s Death Penalty Lawyers,” a book based on extensive interviews, providing insight into the reasons someone would willingly represent a person who has committed an egregious crime.
“They are an unusual kind of lawyer,” Gould said. “They’re actually an unusual kind of person because for many of these cases, they are representing what is sometimes said to be ‘the worst of the worst.’”
There are a variety of motivating factors for capital defense work, Gould said. Some of these lawyers are strongly opposed to state-sanctioned killing. For others, he said, “it is the excitement of the most complicated kind of law.”
Other death penalty specialists take the cases for “professional prestige,” and some do it for the money because capital defense lawyers get paid more than regular defense lawyers, Gould said. Some take the cases for religious reasons.
“Now, that’s all in the larger context of none of these lawyers looks at the facts of the case and thinks it’s anything other than a horrific tragedy,” Gould stressed. “I also found that for many of them, they are entirely sympathetic to the family members of the victims. They don’t look at these cases and think, no big deal. They look at these cases and think that’s something horrible that happened to the victim’s family, but they also look at the defendant and think, as one of them said to me, ‘No one gets to this place of being the defendant without having something horrible having happened to them earlier in life.’”
Death penalty cases are “really, really, really hard on defense lawyers,” Gould added. “It’s really distressing work. The evidence that they have to pore through is horrific. Many of them have PTSD.”
While many people “look at defense lawyers and think there must be something wrong with them,” Gould said it’s essential to remember “that they are fulfilling a very important function in the criminal justice system that none of us would ever want to have to do.”
“That doesn’t mean that any of us is unsympathetic to the victims,” he emphasized. “No one deserves what’s happened in any of these cases. But if we do believe in the rule of law, then there needs to be capital defense lawyers. And we need to respect the work they’re doing because that’s what it means to live in a system of rule of law and not simply a system where we simply execute people in the town square without the opportunity to have a defense.”
This story is part of ongoing coverage of the Pittsburgh synagogue shooting trial by the Pittsburgh Jewish Chronicle and the Pittsburgh Union Progress in a collaboration supported by funding from the Pittsburgh Media Partnership. It is reprinted with permission.
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Unarmed man who tackled Bondi Beach Hanukkah attacker identified as Ahmed al-Ahmed
(JTA) — Viral video circulating after the Bondi Beach Hanukkah attack showed an unarmed man racing toward one of the shooters and tackling him from behind before wrestling the gun from his hands.
The man has been identified as Ahmed al-Ahmed, the operator of a fruit stand in a Sydney suburb who happened to be in the area. He was shot twice but expected to survive.
“He is a hero, 100%,” a relative who identified himself as Mustafa told 7News Australia.
Chris Minns, the premier of New South Wales, the Australian state that includes Sydney, called the footage “the most unbelievable scene I’ve ever seen.”
He added, “That man is a genuine hero, and I’ve got no doubt that there are many, many people alive tonight as a result of his bravery.”
At least 11 people were killed during the attack on a Hanukkah celebration on Sunday night, with dozens of others injured.
The video shows al-Ahmed crouching behind a car before running up behind the shooter. After taking hold of the gun, al-Ahmed aims the attacker’s gun at him but not firing, as a second attacker fired on him from a nearby footbridge. No other first responders are visible in the video.
Moments after al-Ahmed takes hold of the long gun, a second person joins him. Then a man wearing a kippah and tzitzit, the fringes worn by religiously observant Jewish men, runs into the picture and toward the attacker, who is wearing a backpack. The Jewish man throws something at the attacker. The video does not make clear what was thrown or whether it hit its intended target.
After taking hold of the gun, al-Ahmed puts it down against a tree and raises his hand, apparently signaling that he is not a participant in the attack.
In his response to the attack, which killed a prominent Chabad rabbi among others, Prime Minister Anthony Albanese praised “everyday Australians who, without hesitating, put themselves in danger in order to keep their fellow Australians safe.” He added, “These Australians are heroes and their bravery has saved lives.”
The post Unarmed man who tackled Bondi Beach Hanukkah attacker identified as Ahmed al-Ahmed appeared first on The Forward.
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Bondi Beach witnesses, including antisemitism activist, describe grim scene after Hanukkah attack
(JTA) — Arsen Ostrovsky moved back to Australia from Israel two weeks ago to helm the Sydney office of AIJAC, the Australia/Israel & Jewish Affairs Council.
On Sunday, he was one of scores of people shot during an attack on a Hanukkah celebration at Sydney’s Bondi Beach. At least 11 people were killed, as well as one of the attackers.
Ostrovsky, who grew up in Sydney after leaving the Soviet Union as a child, was injured in the head and treated at the scene.
“It was actually chaos. We didn’t know what was happening, where the gunfire was coming from. I saw blood gushing from me. I saw people hit, saw people fall to the ground,” he told a local news station, his head bandaged with blood visible on his face and clothing. “My only concern was, where are my kids? Where are my kids? Where’s my wife, where’s my family?”
He said he had been briefly separated from his family before finding them safe. But he had seen
“I saw children falling to the floor, I saw elderly, I saw invalids,” he said. “It was an absolute bloodbath, blood gushing everywhere.”
The attack struck at a centerpiece of Jewish community in Sydney, home to an estimated 40,000 Jews, nearly half of Australia’s total Jewish population. At least 1,000 people had turned up for the beachside celebration on the first night of Hanukkah.
“There were people dead everywhere, young, old, rabbi — they’re all dead,” Vlad, a Jewish chaplain with the State Emergency Service, told a local TV station. “And then two people died while we’re trying to save them, because the ambulance didn’t arrive on time.”
He said the people who died were an elderly woman who had been shot in the leg and an “older gentleman” who was shot in the head.
“It’s not just people, it’s people that I know, people from our community, people that we know well, people that we see often,” said Vlad, who had covered his 8-year-old son with his body during the attack. “My rabbi is dead.”
The rabbi who was killed, Eli Schlanger, moved to Bondi Beach as an emissary of the Chabad movement 18 years ago. He was the father of five children, including a son born two months ago.
“He wasn’t some distant figure. He was the guy staying up late planning the logistics for a Menorah lighting that most people will take for granted. The one stressing about the weather. The one making sure there were enough latkes and the kids weren’t bored,” wrote Eli Tewel, another Chabad emissary, on X.
“He was just doing his job. Showing up. Being the constant, reliable presence for his community,” Tewel added. “And that’s where the gut punch lands: He was killed while doing the most basic, kindest, most normal part of our lives. It wasn’t a battlefield. It was a Chanukah party.”
The post Bondi Beach witnesses, including antisemitism activist, describe grim scene after Hanukkah attack appeared first on The Forward.
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I grew up believing Australia was the best place to be Jewish. This Hanukkah shooting forces a reckoning I do not want.
I grew up believing that Australia was one of the best places on earth to be Jewish. This country always felt like a gift: Extraordinary beaches, glorious wildlife, and a cultural temperament that values fairness and ease over hierarchy. For most of my life, my Jewishness in Australia was unremarkable. My parents and grandparents chose this place because it promised normality, and for a long time, it delivered.
So when I heard that there had been a mass shooting at Bondi Beach, at a Hanukkah event, my body reacted before my mind could catch up.
Gun violence is almost unthinkable in Australia. The country limited gun ownership after the Port Arthur massacre in Tasmania in 1996, when we made collective choices about who we wanted to be as a nation. That a shooting could happen here, and that Jews were the target, feels like a rupture in something we believed was settled.
At the time I write this, at least 11 people are dead, including a rabbi. Dozens more are injured. I recognise some of the names being circulated in prayer groups.
Rising antisemitism in Australia
Historically, being Jewish in Australia was not something that required vigilance, it was something you simply were.
Since October 7, that certainty has begun to fray. I have had the persistent feeling that something fundamental has shifted, and that the country I love is becoming less recognisable to me.
Many in Australia’s Jewish community mark Oct. 9, 2023 as the moment the ground moved beneath our feet. The protest outside the Sydney Opera House, where there were open chants of “Where’s the Jews” and “F–k the Jews,” at one of our country’s most iconic sites, with no arrests and no charges, felt like a breaking point.
The months since have been relentless with Jewish Australians assaulted, hateful graffiti, doxxing, Jewish businesses targeted, and a steady drip of hostility that causes us to question whether something is irreversibly changing for Jews in this country.
We have repeatedly reached out to our government, telling them that we do not feel safe. And yet, it has often felt as though these concerns are met with procedural gestures like more security funding, that never quite reach the level of protection and reassurance we are seeking.
When Australia wants to take a zero-tolerance approach to anything, it does so with gusto, ask anyone who lived here during the COVID-19 pandemic. Australian Jews do not feel that the Australian government is taking its approach to antisemitism as seriously as it should.
And so, here we are.
Bondi Beach now symbolizes death and disaster
Images of bodies on Bondi Beach are now seared into my mind. Bondi, the shorthand for Australian ease and sunlight and openness, has become a shrine to death and disaster for Australian Jews.
For most of my life, being a Jewish Australian has felt like a profound blessing. Today I feel something colder. I find myself asking questions that feel both irrational and unavoidable.
Is it foolish to stay in a country where Jews can be killed in public for lighting Hanukkah candles? Am I clinging to a story about Australia that no longer matches reality? Is it naive to assume that Jewish life here will stabilise, rather than continue to narrow?
These thoughts are frightening, but what frightens me more is how practical they suddenly feel. I am a parent, and I take my children to community events. The idea that attending a Hanukkah celebration could be a life-threatening decision is not something I ever imagined I would have to consider in Australia.
This moment forces a reckoning I do not want. It asks whether Jewish belonging in Australia is conditional. Whether safety is fragile. Whether the country my ancestors chose, and that I still love deeply, is willing and able to protect Jewish life.
As I type these words I feel grief not just for the dead tonight, but for a version of Australia that felt solid and reliable, alongside a growing fear that something essential about the way Jews have always lived in this country has already been lost.
The post I grew up believing Australia was the best place to be Jewish. This Hanukkah shooting forces a reckoning I do not want. appeared first on The Forward.