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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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The post Defense rests in Pittsburgh synagogue shooting trial without calling witnesses or presenting evidence appeared first on Jewish Telegraphic Agency.
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New CD of Yiddish children’s songs by Vilna-born composer David Botwinik
A new CD was released this year of delightful Yiddish children’s songs, composed by the Vilna-born musician David Botwinik who died in 2022 at the age of 101.
The album, Zumer iz shoyn vider do, which translates to “Summer is finally here again”, was compiled by Botwinik’s son, Sender Botwinik. It features 36 tracks of melodies composed by David Botwinik set to the works of various Yiddish poets, including David Botwinik himself.
The text and music for most of the songs were originally published in Botwinik’s seminal songbook, From Holocaust to Life, published in 2010 by the League for Yiddish. On this new CD, these songs are brought to life through the voices of both children and adults, with Sender Botwinik on the piano; Ken Richmond on violin; Shira Shazeer on accordion, and Richmond and Shazeer’s son Velvel on trombone.
These recordings are valuable not only for people familiar with the Yiddish language and culture, but also for others looking for resources and inspiration. Singers, music teachers, choir conductors and Yiddish language students will find a treasure trove of songs about the Jewish holidays, family, nature and celebration.
Born in Vilna in 1920, composer David Botwinik’s life was filled with music and creativity from his earliest years. As a young child, he would walk with his father to hear the cantors at the Vilna shtotshul — the main synagogue in what is now Vilnius, Lithuania.
At age 11, he became a khazndl, a colloquial Yiddish term for a child cantor, performing in several synagogues in Vilna. At 12, he composed his first melodies. Later he undertook advanced musical study in Rome.
In 1956, he settled in Montreal, soon to become a leading figure in the city’s thriving Yiddish cultural scene. He worked as a music teacher, choir director, writer and publisher. As he wrote in From Holocaust to Life, he sought, most of all, to “encourage maintaining Yiddish as a living language.”
There are many standout pieces on the CD, but I want to point out several whose lyrics, in addition to the melody, were written by David Botwinik himself. “Zumer” (Summer), the first song on the recording, gives the CD its title. In a Zoom interview with Sender and his wife, Naomi, they said that “Zumer” won first prize in a Jewish song competition in Canada in 1975, and that he remembered singing in his father’s choir for the competition.
“Zumer” is a jaunty earworm that opens with a recording of David Botwinik reading the lyrics, followed by the song itself, performed by a magnificent chorus of children from four Yiddish-speaking families who met years ago at the annual Yiddish Vokh retreat in Copake, New York.
Another standout song is “Shabes-lid” (Sabbath Song) which David Botwinik’s grandchild Dina Malka Botwinik sings with a pure, other-worldly sound:
Sholem-aleykhem, shabes-lebn,
Brengen ru hot dikh Got gegebn,
Ale mide tsu baglikn,
Likht un freyd zey shikn.
“Sholem-aleykhem, shabes shenster,”
Shvebt a gezang durkh ale fentster,
Shabes shenster, shabes libster,
Tayerer, heyliker du.
Welcome, dear Shabbos,
Given by God to bring us rest,
To gladden those who are tired
To send them light and joy,
Welcome loveliest Shabbos,
The song drifts from every window.
Loveliest Shabbat, dearest Shabbos
Precious holy one.
Sender Botwinik’s website also includes a track of the same song recorded in the 1960s by the late Cantor Louis Danto. Both recordings are deeply moving.
As we enter the Hanukkah season, I’d like to point out my current favorite of Botwinik’s work, “Haynt iz khanike bay undz” (“Today is Our Holiday, Hanukkah”). Botwinik composed the words and music to this song shortly before his 99th birthday in December 2019.
On the CD, we hear him performing the song for his fellow residents at the assisted living facility Manoir King David, in Cote Saint-Luc, Montreal, with harmonies and accompaniment later added by his son. The lyrics are accessible and the melody is catchy, with clever compositional twists and turns.
This new CD is a beautiful homage to an extraordinary musician and a welcome addition to the world of Yiddish song.
To purchase the album, Zumer iz shoyn vider do, email info@botwinikmusic.com.
The post New CD of Yiddish children’s songs by Vilna-born composer David Botwinik appeared first on The Forward.
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Chicago Man Pleads Guilty to Battering Jewish DePaul University Students
Illustrative: Pro-Hamas protesters setting up an encampment at DePaul University in Chicago, Illinois, United States, on May 5, 2024. Photo: Kyle Mazza via Reuters Connect
A Chicago-area man has pleaded guilty to a misdemeanor battery charge he incurred last year for beating up Jewish pro-Israel students participating in a demonstration at DePaul University.
On Nov. 6, 2024, Adam Erkan, 20, approached Max Long and Michael Kaminsky in a ski mask while shouting antisemitic epithets and statements. He then attacked both students, fracturing Kaminsky’s wrist and inflicting a brain injury on Long, whom he pummeled into an unconscious state.
Law enforcement identified Erkan, who absconded to another location in a car, after his father came forward to confirm that it was his visage which surveillance cameras captured near the scene of the crime. According to multiple reports, the assailant avoided severer criminal penalties by agreeing to plead guilty to lesser offenses than the felony hate crime counts with which he was originally charged.
His accomplice, described as a man in his age group, remains at large.
“One attacker has now admitted guilt for brutally assaulting two Jewish students at DePaul University. That is a step toward justice, but it is nowhere near enough,” The Lawfare Project, a Jewish civil rights advocacy group which represented the Jewish students throughout the criminal proceedings, said in a statement responding to the plea deal. “The second attacker remains at large, and Max and Michael continue to experience ongoing threats. We demand — and fully expect — his swift arrest and prosecution to ensure justice for these students and for the Jewish community harmed by this antisemitic hate crime.”
Antisemitic incidents on US college campuses have exploded nationwide since Hamas’s Oct. 7, 2023, massacre across southern Israel.
Just last month, members of Toronto Metropolitan University’s Students for Justice in Palestine chapter spilled blood and caused the hospitalization of at least one Jewish student after forcibly breaching a venue in which the advocacy group Students Supporting Israel had convened for an event featuring veterans of the Israel Defense Forces (IDF).
The former soldiers agreed to meet Students Supporting Israel (SSI) to discuss their experiences at a “private space” on campus which had to be reserved because the university denied the group a room reservation and, therefore, security personnel that would have been afforded to it. However, someone leaked the event location, leading to one of the most violent incidents of campus antisemitism in recent memory.
By the time the attack ended, three people had been rushed to a local medical facility for treatment of injuries caused by a protester’s shattering the glazing of the venue’s door with a drill bit, a witness, student Ethan Elharrar, told The Algemeiner during an interview.
“One of the individuals had a weapon he used, a drill bit. He used it to break and shatter the door,” Elharrar said. “Two individuals were transported to the hospital because of this. One was really badly cut all his arms and legs, and he had to get stitches. Another is afraid to publicly disclose her injuries because she doesn’t want anything to happen to her.”
The previous month, masked pro-Hamas activists nearly raided an event held on the campus of Pomona College, based in Claremont, California, to commemorate the victims of the Oct. 7. massacre.
Footage of the act which circulated on social media showed the group attempting to force its way into the room while screaming expletives and pro-Hamas dogma. They ultimately failed due to the prompt response of the Claremont Colleges Jewish chaplain and other attendees who formed a barrier in front of the door to repel them, a defense they mounted on their own as campus security personnel did nothing to stop the disturbance.
Pomona College, working with its sister institutions in the Claremont consortium of liberal arts colleges in California (5C), later identified and disciplined some of the perpetrators and banned them from its campus.
In Ann Arbor, Michigan, law enforcement personnel were searching for a man who trespassed the grounds of the Jewish Resource Center and kicked its door while howling antisemitic statements.
“F—k Israel, f—k the Jewish people,” the man — whom multiple reports describe as white, “college-age,” and possibly named “Jake” or “Jay” — screamed before running away. He did not damage the property, and he may have been accompanied by as many as two other people, one of whom shouted “no!” when he ran up to the building.
Around the same time, at Ohio State University, an unknown person or group tacked neo-Nazi posters across the campus which warned, “We are everywhere.”
Follow Dion J. Pierre @DionJPierre.
