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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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Why I already miss Rev. Jesse Jackson
I first met Rev. Jesse Louis Jackson Sr. in 1979, not long after I joined the staff of the Jewish Council on Urban Affairs (JCUA). Rev. Jackson was an early friend of the organization, which was founded in 1964 by Rabbi Robert Marx out of the Civil Rights Movement to combat poverty, racism and antisemitism. Jackson and Marx met when Dr. Martin Luther King, Jr. moved to Chicago with the goal of bringing the Civil Rights Movement north.
Rev. Jackson was an aide to Dr. King. He subsequently founded Operation Breadbasket, later renamed Rainbow PUSH (People United to Save Humanity). JCUA’s early work in Chicago was focused on building partnerships throughout Chicago with groups predominantly in the Black and Latinx communities and among the most oppressed in Chicago. Since those early years, Rainbow PUSH and JCUA have worked together, organizing communities and building coalitions, tackling rampant racism in housing, schools, businesses and the police, all while working to try to end political corruption, ensure voting rights, and explicitly envision a just city and world.
My introduction to Rev. Jackson came at a shaky time for the Black and Jewish coalition. As minorities in America, the Black and Jewish communities, having experienced systemic discrimination, had forged common ground during hard-fought campaigns for civil rights, winning new rights and protections for all minorities with the passage of the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. Our communities’ bond is often remembered and personified by the courageous work of three young civil rights workers, James Chaney, Andrew Goodman, and Michael Schwerner, Black and Jewish, who tragically were murdered by the KKK while traveling together to work on behalf of voting rights.

By 1979, however, breaches in the communities’ relationship were visible and tensions had emerged. Some in the Jewish community were angry that Rev. Jackson had met with Palestinian leader Yasser Arafat. Meanwhile, in Chicago, leaders and residents from the Black community were angered by conditions facing Black families newly arrived to the south and west sides of Chicago following the exodus of Jewish families from these same communities. Some of the new Black residents were particularly incensed by former Jewish residents who retained control as landlords, shop owners and political bosses.
With all this as a backdrop, Milt Cohen, then JCUA’s Executive Director, and Rev. Jackson convened a meeting in our then-tiny offices, inviting leaders from both communities to air their grievances, find common ground, and renew the alliance. Jackson and Cohen sought to identify joint actions for local social justice issues where there remained strong agreement.
A press conference followed the meeting, where we announced our plan to strengthen Chicago’s Black and Jewish coalition and jointly tackle inequities involving schools and housing. I was in awe, overwhelmed by Rev. Jackson’s powerful presence. Even though I was the youngest person at the press conference, both Milt and Rev. Jackson pushed me forward to speak. This was just the first of many occasions when Rev. Jackson would encourage my participation, leadership, visibility, and partnership.
After that first up-close experience almost 50 years ago, I enjoyed many opportunities to answer Rev. Jackson’s invitations as he exhorted me to speak, participate in programs, and join him and PUSH in actions. In engaging me, he was also consciously choosing to include JCUA and bring a Chicago Jewish presence to the work.
I spoke at PUSH’s weekly Saturday forums and served as a panelist on Rev. Jackson’s Upfront cable show. With JCUA members and diverse coalitions from across Chicago’s communities, we marched through the streets of Chicago and Washington D.C. We joined Rev. Jackson when he took on the corrupt Chicago political machine, then led by Mayor Jane Byrne, and as he launched a raucous and successful boycott of Chicagofest, the Mayor’s favorite lakefront festival, and lucrative gift to her political cronies.

We spoke of the dangers of Reaganomics that threatened the elimination of schoolchildren’s lunches, we got out the vote and elected Harold Washington, Chicago’s first Black and progressive Mayor. We spoke out against the Trump administration and MAGA’S attacks against hard fought and won civil and human rights.
Rev. Jackson magnetically built alliances across faith, race and ethnicity. Untiringly, brilliantly, he literally changed the face, policies and politics of Chicago, the nation and the world. He sought to overturn injustices, shatter obstacles to change and non-violently revolutionize the social order. He galvanized millions to act. He commanded every room. His astute in-depth analyses turned meetings into classrooms and calls to action.
By 1984, Rev. Jackson was a leading national and global figure. Barack Obama said that Jackson’s two presidential runs in 1984 and 1988 laid the groundwork for his own election. At the 1984 Democratic National Convention in San Francisco, as part of the Harold Washington Favorite Son delegation, we listened carefully as Rev. Jackson delivered his convention speech, one that resonated so powerfully that it would become known as the “Peace Speech.” He regaled, quieted, then inspired thunderous roars from the room.
“Our flag is red, white and blue, but our nation is a rainbow — red, yellow, brown, black and white, and we’re all precious in God’s sight,” Rev. Jackson said. “America is not like a blanket, one piece of unbroken cloth, the same color, the same texture, the same size. America is more like a quilt, many patches, many pieces, many colors, many sizes, all woven and held together by a common thread. The white, the Hispanic, the Black, the Arab, the Jew, the woman, the Native American, the small farmer, the businessperson, the environmentalist, the peace activist, the young, the old, the lesbian, the gay, and the disabled make up the American quilt.”
Rev. Jackson’s speech was among the most profound, insightful and powerful addresses I had ever heard. He offered an extraordinary vision, calling upon our better selves to rise to the occasion and illuminating the roads we could take together. Inspired by his outreach and challenge, I was deeply moved. I was grateful for the opportunity to express my choice and to stand with our delegation to vote for Rev. Jesse Jackson for president.

As Rev. Jackson became a global celebrity, a position he used strategically and effectively to wield exceptional influence and carry out extraordinary actions such as negotiating the freedom of political prisoners around the world; he exhibited warmth and kindness to strangers and the powerless. He famously made the children of local neighbors feel seen and appreciated; he listened to their stories and took them to baseball games.
When I brought Yingxi, one of my students who was visiting from Mainland China, to Rainbow PUSH, Rev. Jackson noticed her and warmly welcomed her. He invited her into his office, took time to get to know her and to listen, responded thoughtfully to her questions. Yingxi has told me that, to this day, she still treasures the time she spent with him. On so many occasions, I saw the light in his eyes, from afar and up close, as he greeted young people and old, engaging them, ensuring they were seen. I felt that same connection even as I was just one of many thousands of activists who crossed his path.
In March 2021, Rev. Jackson’s and my friend, Rabbi Robert Marx passed away. I asked Rev. Jackson to speak at a memorial, even though I was aware that this would not be easy, as he was already showing signs of the Parkinson’s-like illness that made his once booming, eloquent voice more difficult to hear. However, he enthusiastically accepted the invitation, and shared heartfelt memories at the service. “We have always been together. I love him so much. I miss him already,” he said of Marx.
In recent years, I grew increasingly fond of Rev. Jackson as he never stopped fighting for justice and acting with compassion. Even as he found it difficult to speak, he kept drawing all of us in.
A few years ago, Rev. Jackson asked me to bring a busload of people to the annual reenactment of the march in Selma across the Edmund Pettus Bridge. He didn’t give me much time to get a bus together, but I was able to get a carload of religious and community leaders, including an imam and a Baptist minister. We sat in the Brown Chapel AME Church, where services were reenacted, and we protested, prayed and sang before we marched together across the bridge. Rev. Jackson led, pulling me upfront to join him. With the diverse crowd from across the country, we marched, all astutely aware that the job is not yet finished.
Rev. Jackson grew from a student with Dr. Martin Luther King, Jr. to a global leader, gaining followers while infuriating leaders and the status quo. But he could not be ignored, would not be ignored. He was somebody, and made sure you knew you were somebody, too.
While movement leaders have courageously fought and sacrificed over the years, many in time moved to the background. Rev. Jackson, on the other hand, passionately, powerfully, brilliantly and strategically, stayed the course. Even in his last weeks, he persevered from his wheelchair, determined to remain a force, to continue the fight and , famously, to Keep Hope Alive.
I have much to be grateful for in reflecting on the life and work of Rev. Jesse Louis Jackson, Sr. including the friendship he extended, his outsized impact on our lives, on our communities, our country, and, given his legacy, into the future.
I already miss him.
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Senate rejects effort to rein in Trump’s power to fight Iran alongside Israel
(JTA) — The Senate late Wednesday rejected a measure that would have required President Donald Trump to get congressional approval to continue fighting against Iran.
The measure was initiated by Democrats, who have raised questions about the process by which Trump initiated the war alongside Israel on Saturday. The War Powers Act requires U.S. presidents to seek congressional approval for wars in advance or shortly after their start unless there is an imminent threat to the United States. Trump and his administration officials have given mixed signals about whether a threat was considered direct and imminent.
The vote took place along largely partisan lines, with two exceptions. Rand Paul, the Republican from Kentucky, who tends to oppose international intervention, backed the measure. John Fetterman, the pro-Israel Democrat from Pennsylvania, voted no.
The House is expected to vote on a similar measure today. The House also has a slim Republican majority.
The votes come as multiple polls have shown that a majority of Americans, about 60%, oppose U.S. participation in the war.
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Erich Wolfgang Korngold’s Broadway opus debuts in the U.S. — nearly 80 years late
In 1954, the Oscar-winning composer Erich Wolfgang Korngold staged a European homecoming with a new operetta. How this came to pass — and how his planned comeback failed to materialize — is even more convoluted than the piece’s farcical plot.
Korngold, a wunderkind and Jewish refugee from Vienna, first came to Hollywood to adapt Felix Mendelssohn’s music for Max Reinhardt’s 1935 film of A Midsummer Night’s Dream. Until then Korngold, a piano prodigy who began writing music at age 7 and had his first hit with a ballet he wrote at 11, had mostly composed for concert halls and opera houses. His ensuing career in Hollywood transformed film music by treating motion pictures as if they were “operas without singing.”
Korngold’s work on the swashbuckler Captain Blood, The Adventures of Robin Hood and later King’s Row (whose fanfare John Williams lifted for Star Wars) created a template for symphonic scores. But by the late 1940s, chafing under the Hollywood system, he set to work writing an original operetta, The Silent Serenade, that he hoped would premiere on Broadway.
The show collapsed. It’s never had a full staging in the United States or even in English.
As chronicled by the Korngold Society, the composer went through a litany of librettists to refine this tale of a love triangle and its improbable political fallout. After passing through a number of hands in English, Korngold returned it to Raoul Auernheimer, Theodor Herzl’s nephew and the original writer of the story on which the operetta was based, to translate it back to German. Korngold disagreed with the excessive demands of the producers, the Schubert Brothers, and left the project, leading the Broadway impresarios to fruitlessly search for a new composer.
Korngold, who with Reinhardt had previous success on Broadway with arrangements of other composers’ work, decided to resume a career in Europe with the piece. After delays owing to his health — a 1947 heart attack — a German version debuted on radio in 1951 and was followed by a staging in Dortmund in 1954. It bombed.
“We’re not exactly sure who it was for,” said Cris Frisco, music director at the Mannes School of Music at the New School, who is conducting the U.S. debut of The Silent Serenade at Mannes Opera. “It seems like it was given to the wrong public.”
That Germans in the post-war weren’t attuned to the piece’s sensibilities speaks poignantly to Korngold’s journey, which began at the center of Austrian high culture, orbiting names like Mahler and Artur Schnabel. “We thought of ourselves as Viennese,”said Korngold, the son of a music critic father. “Hitler made us Jewish.”
His exile in Hollywood realigned his sonic universe. As much as he changed film music, it — and America — left an impression on him.
“It is obviously influenced by Hollywood. It’s obviously coming out of those ’30s and ’40s musicals,” said director Emma Griffin, Mannes Opera’s managing artistic director. “It is a piece that is living between film and theater and opera and musical theater and operetta. It’s so emblematic of Korngold’s life, of how many different pieces of the 20th century he influenced, and this particular show is a crazy quilt of all of those influences.”
The plot of the show is, in Griffin’s words “daffy,” focusing on a Neapolitan actress, her would-be dress designer lover and her fiancé, the prime minister. Singing shopgirls, a tabloid journalist and a media circus round out the cast who perform tuneful numbers imbued with an MGM je ne sais quoi, while remaining rooted in Korngold’s post-romantic, classical mode. While Korngold’s symphonic stylings beefed up adventure films, the orchestration here is sparer, hinting at the Broadway pit for which the piece was devised.
The Mannes staging is part of a resurgence of interest in Korngold in the classical world, following decades of dismissal for his contributions to Hollywood.
It’s ironic that Korngold, who died at the age of 60 in 1957, had in Silent Serenade a profound professional frustration, given how buoyant and frothy the work is.
“It’s heartbreaking to think that he did not fully perceive the massive impact of his artistry,” said Griffin. Though he lived through hard times, Griffin says, his music has been a balm for the performers.
“The students have talked about it several times,” Griffin said, “how happy they are to be working on something where the source is joy.”
Mannes Opera’s production of The Silent Serenade debuts March 13 and 14 with an on-demand recording to follow. Tickets and information can be found here.
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