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Defense rests in Pittsburgh synagogue shooting trial without calling witnesses or presenting evidence
PITTSBURGH (JTA) — Defense attorneys in the trial of the Pittsburgh synagogue shooter will not be calling witnesses or presenting evidence in court, following 11 days of harrowing testimony from witnesses called by the prosecution.
The defense attorneys’ choice underscores their acknowledgement that their client committed the attack. Since the beginning of the trial, lead defense attorney Judy Clarke has made clear that her goal is to prevent the shooter, Robert Bowers, from being sentenced to death.
Judge Robert Colville dismissed the jury on Wednesday and told jurors to return on Thursday to hear closing arguments, after which the jury will deliberate and deliver its verdict. The defendant is almost certain to be found guilty, and his sentence — which will be determined in the next phase of the trial — will depend on whether the jury finds him guilty on all 63 counts he faces or just some of them. Of those charges, 22 carry the death penalty — two for each of his 11 victims.
The anticlimactic conclusion of the proceedings on Wednesday followed 11 days of graphic testimony from congregants and emergency responders who were present when the gunman perpetrated the shooting in Pittsburgh’s Squirrel Hill neighborhood on Oct. 27, 2018. The synagogue he attacked housed three congregations: Tree of Life, New Light and Dor Hadash.
Witnesses have described how the shooting unfolded, detail by tragic detail — and have explained the Jewish rituals and practices interrupted and desecrated by the attack. Other witnesses, including 911 call center employees and law enforcement, have recounted how they responded to the shooting.
Clarke and her team have cross-examined witnesses but revealed on Thurday that they would not be calling any of their own.
“We have no evidence,” Clarke said after Colville turned to her following the prosecution’s last witness. In her opening remarks on May 30, Clark had said that the defense team would not contest that its client committed the shooting.
“There is no disagreement, there is no dispute and there will be no doubt as to who shot the 11 congregants,” she said then. “On Oct. 27, 2018, Robert Bowers, the man seated at that table, loaded with ammunition and firearms entered the synagogue.”
Clarke is famous for keeping her clients off of death row and hopes to achieve the same result here. Her argument to jurors is that her client targeted the congregants not because of their religion, but because of a delusion that they were facilitating an immigration invasion to replace white people.
“We can at least do our best to uphold the rule of law by figuring out, to the best of our ability, what were Mr. Bowers’ motives and intent,” Clarke said in her opening statement.
The prosecution wrapped up its case before lunch on Wednesday with testimony from Andrea Wedner, one of two worshippers who were injured by gunfire in the shooting and survived. Wedner was with her mother, Rose Mallinger, when the gunman entered the chapel. Mallinger, who was 97, was killed in the attack.
Acting U.S. Attorney Troy Rivetti asked Wedner if the gunman had kept her from worshipping — the same question the prosecution has posed to other survivors who took the stand.
That question is key to half of the 22 capital charges the gunman faces: Federal law allows the death penalty in cases “of obstruction in free exercise of religious belief resulting in death.” The other 11 capital charges are for hate crimes resulting in death.
“Did you go there to worship and pray?” Rivetti asked Wedner. “Did the defendant prevent you from praying? Did the defendant come into the chapel and shoot you? Your mother, Rose Mallinger, who prayed the prayer for peace each week, was shot right next to you?”
Wedner answered “Yes” each time, with increasing emotion.
The defense rarely objected during the trial, only doing so to argue that testimony was inappropriately veering into how American Jews worship, or into what animates Jewish practice. Nearly all of the defense’s objections during the trial were overruled.
After the jury exited the courtroom on Wednesday, the defense continued arguing that their client did not seek to kill Jews while they worshipped. Speaking before the judge, defense attorneys raised objections to the phrasing of some of the charges the jury would consider.
They tried, as they had previously, to have the words “willfully” and “because of actual or perceived religion” removed from the 11 capital charges that have to do with obstruction of worship resulting in death. Colville overruled the objections.
Wedner asked not to be on the stand when the prosecution played back her 911 call from the day of the shooting in court. Instead, Rivetti asked her a series of questions about the call before she left the chamber.
“Have you actually requested that we not play that 911 call while you’re on the stand?” Rivetti asked.
“Yes,” Wedner said.
“Is that because you can hear yourself being shot?”
“Yes.”
“Is it because you can hear your mother’s quiet voice as you try to comfort her?”
“Yes.”
“Is it because you can hear her being shot?”
“Yes.” Wedner’s voice cracked.
The recording of the call played out as Rivetti had described: Werner’s whispered pleadings to a 911 operator, silence, and then two gun blasts and screams. Rivetti stopped the replay about halfway through the 9-minute recording.
During her testimony, Wedner described sensing police were in the sanctuary, and moving her legs to signal she was alive. “They were in fatigues so I knew they were the good guys,” she said.
She rose and realized she was the lone survivor in the sanctuary where the Tree of Life congregation regularly convened.
Before she left, she bid her mother goodbye.
“I kissed my fingers and I touched my fingers to her skin,” she said. “I cried out, ‘Mommy.’”
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Ukraine reburies Nazi collaborator with state honors, drawing Israeli condemnation
(JTA) — Israel criticized Ukraine Monday after President Volodymyr Zelensky gave full state honors to a Ukrainian nationalist leader who was part of a movement that collaborated with the Nazis during World War II.
During a reburial ceremony on Sunday, Zelensky described Andriy Melnyk and his wife, Sofia Fedak-Melnyk, as “iconic Ukrainians of the 20th century who are deeply respected,” according to The New York Times.
Melnyk led one of the factions of the Organization of Ukrainian Nationalists during its collaboration with Nazi Germany during World War II. Though the Ukrainian organization shared a mutual opposition to Soviet rule with the Nazis, it also promoted antisemitic rhetoric and some of its members participated in the persecution of Jews during the Holocaust. Melnyk initially sought cooperation with Nazi Germany but was later detained by the Nazis as relations with Ukrainian nationalist groups deteriorated.
The ceremony marked the latest flashpoint in a longstanding dispute over Ukraine’s commemoration of World War II-era nationalist figures linked to Nazi collaboration. In 2018, the country designated the birthday of Nazi collaborator Stepan Bandera as a holiday, and in 2017, a statue was unveiled honoring a nationalist leader whose regime killed tens of thousands of Jews in pogroms during the Russian Revolution.
The remains of Melnyk and his wife were exhumed from Luxembourg last week and then transported to Ukraine for reburial at Kyiv’s National Military Memorial, which opened last year for soldiers killed in Russia’s invasion of Ukraine.
“Glory to every Ukrainian hero! Glory to all our Ukrainian warriors! Glory to our people!,” Zelensky, who is Jewish, wrote in a post on X marking the ceremony, adding that he was “grateful to everyone who has worked to make such returns of great Ukrainian figures possible and to give the Ukrainian People their own pantheon of heroes.”
The reburial was quickly decried by Yad Vashem, Israel’s Holocaust memorial, which wrote in a post on X that it was “deeply troubled by such national commemorations, which come at the expense of historical truth and the memory of Holocaust victims.”
“Honoring the leader of a movement that supported and collaborated with Nazi Germany during the persecution and murder of millions of Jews undermines the moral integrity essential to Holocaust remembrance,” the post read.
Israel’s Foreign Ministry wrote on X that there is “no place for ignoring historical truth and the memory of the victims murdered by the Nazis and their collaborators.”
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Trump administration again sues UCLA over antisemitism, alleging ‘hostile educational environment’
(JTA) — The U.S. Department of Justice sued the University of California for the second time this year over allegations of an antisemitic campus environment at UCLA, claiming the school “was deliberately indifferent to the suffering of its Jewish and Israeli students” after Oct. 7.
The federal lawsuit, filed Tuesday, claims UCLA violated the students’ civil rights by failing to intervene during pro-Palestinian encampment activity in early 2024. It follows an earlier suit that focused on the university’s treatment of its Jewish and Israeli employees, and comes 10 days after the university unveiled its own “Initiative to Combat Antisemitism.”
“Earlier this year, we sued UCLA for subjecting its Jewish and Israeli employees to an antisemitic hostile work environment,” assistant U.S. attorney general Harmeet Dhillon said in a press release. “Now, the Department of Justice calls UCLA to account for its toleration of the equally appalling hostile educational environment against its Jewish and Israeli students.”
Requests for comment to the Justice Department and UCLA were not immediately returned.
The new suit draws on widely reported accounts of UCLA’s campus environment in spring 2024, when protesters in pro-Palestinian encampments clashed with pro-Israel counter-protesters, sparking violence and turmoil. The failure to protect Jewish students violated their Title VI civil rights, attorneys said.
Citing the report of UCLA’s own task force on antisemitism, published in response to the 2024 campus upheaval, the suit states, “UCLA’s leadership apparently preferred a do-nothing ‘de-escalation strategy’ to protecting their Jewish and Israeli students from an angry mob organized by peers armed with tasers, lumber, and a sword.”
The Justice Department is seeking several redress measures, including the return of all federal grants made to UCLA “during the time of UCLA’s noncompliance with Title VI.” The school had previously resolved several Title VI antisemitism cases under the Biden administration, and also reached a $6.13 million settlement with Jewish groups in a private suit related to the spring 2024 incidents on campus — a case cited in DOJ’s new lawsuit.
The Trump administration has sought to make a particular example of UCLA in its aggressive approach to campus antisemitism. Officials had sought to levy fines in excess of $1 billion against the public university for its alleged failure to protect Jewish and Israeli students, until a federal judge intervened. Several DOJ lawyers have left the department over its UCLA investigation, telling reporters the case was “fraudulent,” a “sham” and driven by pressure to “find” evidence to support further legal action against UCLA.
In addition, some of the most violent clashes on the campuses included perpetrators on both sides of the conflict, leading some members of the UCLA Jewish community to complain that pro-Israel counter-protesters ultimately undercut the Jewish students’ legitimate grievances regarding the harassment they had been facing inside the campus gates.
And the campus environment for Jews remains tense. Last month, the UCLA student senate condemned a campus visit by a freed Israeli hostage, drawing blowback from a university regent.
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Jewish leaders say Belgium’s prosecution of circumcision is antisemitic
(JTA) — Dozens of European Jewish leaders, joined by Israeli and American diplomats, decried Antwerp prosecutors who plan to charge two Jewish men with performing illegal circumcisions.
In an open letter on Tuesday to European and Belgian officials, 45 communal and religious Jewish leaders accused the Antwerp Public Prosecutor’s Office of “effectively criminalizing the act of circumcision” and infringing on religious freedom.
Earlier this month, Belgian prosecutors announced their recommendation to refer two mohels, or ritual circumcisers, to the criminal court following investigations into alleged illegal circumcisions.
In Belgium, the law requires all circumcisions to be performed by licensed medical professionals. The two men would be charged with intentional assault or battery against minors and the unlawful practice of medicine.
The European Jewish leaders responded that prosecuting mohels was “antisemitic in nature, reminiscent of efforts taken in Europe against Jewish practice prior to the Second World War.”
They said the potential prosecutions sent a message that “Jews are no longer welcome in Belgium” and “Belgian Jews are now second class citizens with limited rights.” Their appeal was led by the chairman of the European Jewish Association, Rabbi Menachem Margolin.
Israeli and U.S. officials have also accused Belgium of targeting Jews for practicing their faith.
Gideon Saar, Israel’s minister of foreign affairs, called the prosecutors’ decision a “scarlet letter on Belgian society.” He was joined by the U.S. ambassador to Belgium, Bill White, who said on X that Belgium “will be thought of now as anti Semitic by world.”
Belgium’s foreign minister fired back that it was “inappropriate to publicly criticize a country and tarnish its image simply because you disagree with judicial proceedings.”
“I recall that the proceedings in question were initiated by representatives of the Jewish community themselves,” said Maxime Prévot. “To portray those as a country’s desire to undermine the religious freedom of Jews is defamatory.”
The mohels were first investigated after complaints lodged by Moshe Aryeh Friedman, an Antwerp rabbi. He alleged in 2023 that six local mohels practiced metzitzah b’peh, in which the circumciser cleans the circumcision wound with oral suction. Over the past two decades, several infants in New York City were infected with herpes as a result of the practice.
The letter from European Jewish leaders did not address Friedman’s claims.
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