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To make the case that the Pittsburgh synagogue shooter should die, prosecutors note that he’s a model prisoner
PITTSBURGH (JTA) — A courtroom debate over whether the man who killed 11 Jews in a Pittsburgh synagogue should get the death penalty hinged briefly this week over the question of how many federal prisoners are Jewish.
Prosecutors are seeking the death penalty for Robert Bowers, who was convicted on TK counts last month. Bowers’ attorneys have been arguing that the federal Bureau of Prisons would likely consign Bowers to ADX Florence, the notorious Colorado maximum security prison known as Supermax.
Two former Bureau of Prisons officials who now offer paid testimony, principally for defendants, painted a picture on Wednesday and Thursday of an austere and isolated existence at the facility, with minimal interactions with other prisoners or the outside world.
The prosecution argued that Bowers’ confinement at Supermax was not as inevitable as the defense contended, and that he could easily end up at a prison with greater allowances, and might even be eligible for more amenable conditions as he aged. Bowers is 51.
Janet Perdue, who worked for more than 30 years as an administrator in the federal prisons system, said Bowers was a likely candidate for the Supermax because he committed a hate crime that got massive national and international attention. The prison has housed the Boston Marathon and Atlanta Olympics bombers, a founder of al-Qaeda and, until his death last month, Ted Kaczynski, known as the Unabomber.
“Given that his crime is a hate crime he may become the target of other inmates, I think,” Perdue said about Bowers. “Inmates would not take so kindly to seeing him in an open population and may cause him harm.”
The risk was not just to Bowers’ life, she said, but to the safety of prison officials who would have to respond to an attack.
Nicole Vasquez Schmitt, a prosecutor for the federal government, responded with a line of questioning that implied that prosecutors believed Bowers would not be a major target because relatively few prisoners share a religious identity with his victims.
“What is the Jewish population within the BOP?” Vasquez Schmitt asked Perdue, referring to the Federal Bureau of Prisons.
“I can’t speak to it exactly. I’d imagine it’s a fairly low number,” Perdue said.
“Would it surprise you to know it’s less than 3%?” the prosecutor said. No, Perdue said, it would not surprise her.
The Federal Bureau of Prisons does not share data about prisoners’ religious identities the way that it does about their race, ethnicity, gender and citizenship. Past estimates by groups working with Jewish prisoners, including the Chabad-affiliated Aleph Institute, have suggested that between 1% and 2% of federal prisoners are Jewish.
The Jewish population question was germane, prosecutors contended, because it undercut the defense contention that the rest of Bowers’ life would be austere in part because the nature of his crime would require his isolation, for his own safety, from other prisoners seeking to avenge his crime.
The judge in the case, Robert Colville, and lawyers for the defense and prosecution tentatively predicted after testimony was completed on Thursday that the final phase of the trial, to determine whether Bowers heads to death row, would wrap up with closing arguments early next week.
If a single juror rejects the death penalty, Colville must sentence Bowers to life without parole. The victims of the attack were Joyce Fienberg, Richard Gottfried, Rose Mallinger, Jerry Rabinowitz, Cecil Rosenthal, David Rosenthal, Bernice Simon, Sylvan Simon, Daniel Stein, Melvin Wax and Irving Younger. They worshiped at three congregations housed in the building at the time: Tree of Life, Dor Hadash and New Light.
Seven of the nine families who lost members during the massacre want Bowers to be executed. Two families have not called for the death penalty, and some in the tight-knit Pittsburgh Jewish community, including some who knew the victims, have protested against the possible penalty. Under Jewish law, the death penalty is an option for some offenses but tradition holds that it was rarely if ever meted out.
To make their case, prosecutors have sought to cut away at the defense’s calculation that Bowers’ likeliest destination in that case is Supermax, arguing at one point that Bowers is so compliant at his current prison that he is unlikely to be sent to the Colorado prison.
Guards from Butler County prison, where he has been held since shortly after his arrest at the scene of the attack, testified earlier this week that Bowers as a model prisoner who asks other prisoners to quiet down at night and whose favorite TV show is MTV’s “Ridiculousness,” where panelists react to funny home and street videos. Guards call him “Uncle Bob,” they said.
Prosecutors also suggested that the conditions of Supermax might in fact be Bowers’ preference. Another defense prisons expert, Maureen Baird, described Supermax as an austere and unforgiving environment where Bowers likely would be on lockdown for 22 or 23 hours a day, would have contact during his free time with no more than seven other prisoners, and would be allowed no more than five phone calls a month.
“The defendant seems to like living by himself,” Vasquez Schmitt said.
She also countered the testimony by getting the experts to note allowances: Prisoners at Supermax create art that is auctioned off outside the prison (maximum price: $100); they are about to get tablets programmed with music, games and limited entertainment; and they can have a pet fish.
The arguments come at the tail end of a trial that has transfixed observers since its first day at the end of May. The final phase of the trial started with victim impact statements from the families of the slain and others. It then moved into mitigation, with the defense bringing witnesses to describe Bowers’ troubled and at times violent upbringing.
It has taken bizarre turns. This week, the judge rejected a request by the defense to exhume the body of Randall Bowers, Bowers’ father who died by suicide in 1979.
The defense made the request after the prosecution brought up the assessment of a defense psychologist that Randall Bowers may not have actually been his father. Randall Bowers was diagnosed as a schizophrenic, and the defense has argued that Robert Bowers inherited the disease.
This story is part of ongoing coverage of the Pittsburgh synagogue shooting trial. Parts of the story are based on reporting by the Pittsburgh Jewish Chronicle and the Pittsburgh Union Progress in a collaboration supported by funding from the Pittsburgh Media Partnership.
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The post To make the case that the Pittsburgh synagogue shooter should die, prosecutors note that he’s a model prisoner appeared first on Jewish Telegraphic Agency.
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DePaul University Enabled Violent Attacks and Brain Injury on Jewish Students
My name is Brooke Goldstein. I am the founder and executive director of The Lawfare Project, and the founder of the #EndJewHatred civil rights movement. I have dedicated my career to upholding the legal rights of the Jewish people, a fight that is all the more pressing after the wave of Jew-hatred unleashed in America and around the world following the Hamas terrorist attacks of October 7, 2023.
In 2021, a few years before October 7, a Jewish student identified a major problem at DePaul University. She went public about “a long history of antisemitism on DePaul’s campus … without DePaul doing anything really substantive to address this situation.”
In a clear call for action, she said that, “DePaul, as an administration and as a university, doesn’t fully understand what is required for Jewish students in particular to feel safe in their campus community.”
The unprecedented wave of hatred launched against Jews and Israelis at DePaul University over the past year is a direct result of the administration’s failure — not just to help its Jewish community feel safe, but to actually keep its Jewish students safe.
Jew-hatred has become systematized in higher education, and we are now seeing the consequences playing out on campuses across the country — including at DePaul University.
Radicalized agitators who openly support foreign terrorist organizations target Jewish students with calls for their genocide.
“From the river to the sea” is a call for genocide.
“Globalize the intifada” is a call for worldwide violent attacks on Jews, like we see in the streets of New York City and Amsterdam, and on campus here at DePaul.
Jews are dehumanized, deprived of the right to openly express their identity, and the civil rights of Jewish students are ignored and violated — their minority status disregarded, and the harm and violence they endure is minimized. All of this is unacceptable.
Max Long emigrated to Israel from Boston in 2015. He served in the Israel Defense Forces, and, when he was released from the reserves, enrolled at DePaul University in March of this year. After seeing the pervasive atmosphere of antisemitism and anti-Israel rhetoric on campus, he was inspired to use his voice and personal experience to empower and educate his classmates about antisemitism, and about the war against Palestinian terrorism in Gaza.
Michael Kaminsky is a junior who came to DePaul from Buffalo Grove, IL. He, too, has been inspired to use his voice and experience to empower and educate the community about antisemitism, and about Jewish identity. He is a founding member of DePaul’s chapter of Students Supporting Israel, a StandWithUs Emerson fellow, and a proud member of AEPi.
Max and Michael are proud and empowered advocates for Jewish civil rights. They are loud voices for the indigenous rights of the Jewish people in their indigenous homeland — Israel.
On November 6, Jew-haters decided to silence their voices. Two masked men violently attacked Max and Michael with such force that Max suffered a brain injury and Michael suffered a fracture and lacerations.
Max and Michael were doing what they have done many times before — exercising their right to peacefully express themselves and their views, and engage with passersby.
This attack happened in the plain sight of a DePaul public safety officer, who did nothing to intervene. The officer had an opportunity to stop the attack, but did nothing to help Max and Michael.
But it gets worse.
The university was well aware of multiple threats against Max and Michael, just as it was aware of the campus climate of hate targeting Jews. But it did nothing. It failed to protect its students, even when a violent attack was unfolding in front of one of its public safety officers. This cannot be tolerated.
We cannot be silent in the face of intolerance and injustice. This is why The Lawfare Project represents Max and Michael — to demand justice, to ensure that their rights are protected, and to make sure that what they experienced is not experienced by any other Jewish student at DePaul University.
Even now, their attackers remain at large. We demand that the Chicago Police Department use every tool at its disposal to arrest those responsible, and that they be prosecuted for the hate crime they committed, to the full extent of the law. We need to impose meaningful consequences on antisemitic hate crimes to deter future attacks, and to send the clear message that our society rejects this extremist hate and violence.
As for the university, our attorneys are reviewing all options, including legal options, to make sure that the school is accountable not just to Max and Michael for this attack, but to all Jewish students who are under daily threat of similar attacks.
We are here to make sure that DePaul does the right thing, and will take whatever action is necessary to do so.
Jew-hatred has no place at DePaul, or on any college campus. We are demanding action from the school — as all decent people should.
Max and Michael are not alone. Our Jewish students on campus are not alone. We are all here for them, and we will make sure that their rights are protected and upheld.
Brooke Goldstein is the founder and executive director of The Lawfare Project and the founder of the End Jew Hatred movement. She is also an author, award-winning, filmmaker, and regular news television commentator.
The post DePaul University Enabled Violent Attacks and Brain Injury on Jewish Students first appeared on Algemeiner.com.
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UK Will Arrest Netanyahu With ‘Due Process’ if He Visits, Foreign Secretary Says
Britain would follow due process if Benjamin Netanyahu visited the UK, foreign minister David Lammy said on Monday, when asked if London would fulfill the International Criminal Court’s arrest warrant against the Israeli prime minister.
“We are signatories to the Rome Statute, we have always been committed to our obligations under international law and international humanitarian law,” Lammy told reporters at a G7 meeting in Italy.
“Of course, if there were to be such a visit to the UK, there would be a court process and due process would be followed in relation to those issues.”
The post UK Will Arrest Netanyahu With ‘Due Process’ if He Visits, Foreign Secretary Says first appeared on Algemeiner.com.
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How reality TV got real: A review of Emily Nussbaum’s ‘Cue the Sun!’
There’s a trope on sitcoms where characters think they’re being filmed for a reality television show, when in fact what they’re experiencing is real life. (Real life within the fictional […]
The post How reality TV got real: A review of Emily Nussbaum’s ‘Cue the Sun!’ appeared first on The Canadian Jewish News.
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