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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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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.”
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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.”
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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.
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