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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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Tidbits: The first director of the Polin Museum is back
Tidbits is a Forverts feature of easy news briefs in Yiddish that you can listen to or read, or both! If you read the article and don’t know a word, just click on it and the translation appears. Listen to the report here:
דער ערשטער דירעקטאָר פֿונעם „פּולין מוזיי פֿון דער געשיכטע פֿון די פּוילישע ייִדן אין וואַרשע“ — דאַריוש סטאָלאַ — איז לעצטנס ווידער באַשטימט געוואָרן ווי זײַן דירעקטאָר. אַ צאָל אָבסערוואַטאָרן האַלטן אַז דאָס איז אַ סימבאָלישער נצחון פֿאַרן ייִדישן אָנדענק אין פּוילן.
באַלד ווי דער מוזיי איז געגרינדעט געוואָרן אין 2014 האָט סטאָלאַ, ווי דער דירעקטאָר, שטאַרק באַטאָנט דעם חיובֿ פֿון פּוילן צו אָנערקענען איר פֿאַרטיליקטע ייִדישע פֿאַרגאַנגענהייט. דער געוועזענער קולטור־מיניסטער פֿון דער נאַציאָנאַליסטישער פּאַרטיי, וואָס האָט דעמאָלט געהערשט אין פּוילן, האָט אים אָבער באַשולדיקט אין „פּאָליטיזירן“ דעם מוזיי.
סטאָלאַ האָט למשל אַרויסגערופֿן פּראָטעסטן בײַ די הויכע באַאַמטע פֿון דער רעגירונג צוליב אַן אויסשטעלונג אין 2018, וואָס האָט דאָקומענטירט דער רעגירונגס אַנטיסעמיטישע קאַמפּאַניע אין 1968, וואָס האָט פֿאַרטריבן ייִדן פֿון זייערע שטעלעס און געצוווּנגען בערך 13,000 פֿון זיי צו פֿאַרלאָזן דאָס לאַנד.
הגם סטאָלאַ האָט דעמאָלט געוווּנען אַ קאָנקורס צו פֿאַרלענגערן זײַן קאַדענץ האָט דער קולטור־מיניסטער אים פֿאַרטריבן פֿונעם פּאָסטן.
מיט אַ יאָר פֿריִער, אין 2018, האָט פּוילן דורכגעפֿירט אַ געזעץ, וואָס פֿאַרווערט דאָס באַשולדיקן פּוילן אָדער די פּאָלאַקן אין קאָלאַבאָרירן מיט די דײַטשן. שפּעטער האָט מען עס געביטן פֿון אַ פֿאַרברעכן וואָס דראָט זיצן אין תּפֿיסה אויף בלויז אַ ציווילער געזעץ־ברעכונג. קריטיקער טענהן אַז דער גאַנצער ענין האָט אָבער שטאַרק געשטערט דעם געביט פֿון פֿאָרשן די געשיכטע.
איצט איז סטאָלאַ ווידער באַשטימט געוואָרן ווי דער דירעקטאָר פֿונעם מוזיי דורך דער קולטור־דירעקטאָרין פֿון דער הײַנטיקער צענטריסטישער רעגירונג, מאַרטאַ טשענקאָווסקאַ. רעדנדיק צו סטאָלאַן האָט זי דערקלערט: „אין 2019 האָט דער מיניסטער פּיאָטער גלינסקי באַשלאָסן צו איגנאָרירן די רעזולטאַטן פֿונעם קאָנקורס. מע האָט אײַך דעמאָלט, מיט זעקס יאָר צוריק, געדאַרפֿט באַשטימען פֿאַר דעם אַמט. טײַערער פּראָפֿעסאָר, זאָל זײַן מיט מיט מזל!“
סטאָלאַ האָט זי באַדאַנקט און געזאָגט: „די מיסיע פֿונעם מוזיי איז נאָך וויכטיקער הײַנט צוליב די פֿינצטערע כּוחות וואָס פֿאַרקרימען דעם אָנדענק פֿון דער פּויליש־ייִדישער פֿאַרגאַנגענהייט.“
צו זען דעם אַרטיקל אויף ענגליש, גיט אַ קוועטש דאָ.
To see the article in English, click here.
The post Tidbits: The first director of the Polin Museum is back appeared first on The Forward.
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Assault of Hebrew-speaking Israelis in San Jose, Calif., spurs outcry and investigation
(JTA) — Jewish leaders in California are condemning an assault of Hebrew-speaking Israelis outside a San Jose cafe on Sunday that has sparked viral video and a police investigation.
J. The Jewish News of Northern California obtained multiple videos of the assault and its immediate aftermath and spoke to the Israeli men, who said the two groups had not interacted before the incident. One of them said he recalled hearing one of the assailants say “f—ing Jew” during the attack.
The videos show three men punching an older man as diners look on, some shouting but none intervening. One of the assailants loses his shoe and retrieves it before he and the other two men with him run off along Santana Row, a thoroughfare lined by outdoor dining. The videos do not show what happened immediately before the assault began.
The J. also spoke to multiple witnesses, including a retail worker whose parents were born in Iran and said he heard one of the assailants speaking Farsi, the language spoken there.
The incident comes at a time of high alert for Israelis and Jews because of the U.S-Israel war on Iran, which has a record of staging attacks on Jewish targets around the world. It also adds to a string of incidents, many in Europe, in which Israelis abroad say they have been assaulted because of their national identity when someone has heard them speaking Hebrew.
Police in San Jose say they are investigating the incident as a possible hate crime. No arrests have yet been announced.
“Antisemitism and all acts of hatred have no place in San Jose,” Mayor Matt Mahan said in a statement. “I have been in touch with our police department and leaders in the local Jewish community regarding this deeply disturbing incident and will continue to monitor the situation closely as the investigation continues.”
Jewish Silicon Valley, a nonprofit serving the region, said it was working with a range of local groups and officials to respond to the incident, including Chabad of Almaden, where the Israeli men said they first met; the Israeli consulate; and County of Santa Clara District Attorney Jeff Rosen, whose online biography also notes that he has also been the president of his local synagogue.
“Unfortunately, we are ready for these types of moments,” Jewish Silicon Valley said in a message to constituents. “Our longstanding relationships with law enforcement and elected officials allow us to mobilize immediately in moments of crisis.”
The post Assault of Hebrew-speaking Israelis in San Jose, Calif., spurs outcry and investigation appeared first on The Forward.
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Workplaces open, schools remain shut — and Israeli parents pull out their hair over wartime Zoom classes
(JTA) — TEL AVIV — When news broke that Israel might gradually reopen schools in areas considered safe enough, Yael Daniel, a mother in Bat Yam in the missile-hit center of the country, joked that she was “moving north.”
The war has shut schools and pushed children onto Zoom learning while many parents, like Daniel, keep working. Trying to supervise remote lessons for her three children, ages 6 to 8, who have attention difficulties, while holding down a full-time job has turned each day into “a nightmare,” she said.
“These are kids that need to be in a serious routine, and they’re not, and it’s really hard. I’m suffering,” she said.
The strain intensified after the IDF’s Home Front Command allowed workplaces to reopen last week under updated wartime guidelines, even as the education system remained closed.
Israeli actress and mother of two Meshi Kleinstein was one of many parents who took to social media as the decision drew anger and disbelief. “What a delusional country. Who looks after the children when the parents return to work?” she said on Instagram.
In response to the outcry, Finance Minister Bezalel Smotrich announced Sunday that one parent in households with children under 14 would be allowed to take unpaid leave while the education system remains shut.
The move prompted further backlash from parents who say it effectively forces families to choose between supervising children at home and losing income.
And for some, like Zehavit, who was speaking from a bomb shelter during a siren in the central city of Jaffa, it didn’t make sense. “Just because my child is 14, does that automatically mean he’s fine to be alone and run to the shelter by himself in the event of a siren?”
Outside the shelter, another mother, Renana, said the arrangement has forced her to reorganize her workday around her son’s online classes.
“I have one child in first grade. Since the Zoom classes started I work less because he uses my computer,” she said.
“He has three consecutive hours with different teachers and I need to sit next to him so he can communicate with them, which means I’m listening to the whole lesson and not working.”
Claire Bloom Moradian spends her days shuffling her children between school Zooms, extracurricular Zooms and playdates just to approximate a routine. “It’s just chaos, I’m absolutely exhausted,” she said.
In a Facebook post, Rachel Sharansky Danziger recounted that the return to Zoom after Oct. 7 was “the straw that broke the camel’s back,” leaving her so overwhelmed that she called a mental health hotline at the time, unable to understand why “all the death, the kidnappings, the horror” had not broken her, but remote learning did.
Zoom had revived the helplessness of the Covid years, she said, with too few devices, constant technical glitches and children yelling that nothing was working — all against a backdrop of dread about what might be looming outside the apartment doors.
“I can be strong,” she had told the woman on the other end of the helpline. “I can be positive and supportive and encouraging and manage myself and the domestic and social arena around me with precision and strength and awareness of the needs of those around me. But I can’t do all of this while trying to solve dozens of technological problems every morning.”
Education Minister Yoav Kisch said on Monday morning that he is examining a gradual reopening of schools using a color-coded system, with institutions expected to resume first in areas classified as “yellow,” meaning places where security conditions and access to protected spaces would allow limited in-person learning, with parents responsible for getting children to school.
About 40% of Israeli schools cannot offer all of their students access to bomb shelters if a siren sounds, according to data released this week.
Kisch’s terminology was another reminder of the pandemic-era, in which cities were ranked by color according to infection levels, with tighter restrictions in “red” areas. On social media, some parents greeted Kisch’s proposal with weary sarcasm. “Ah, yes, the color chart. Because that went so well the first time,” one person tweeted in response.
Municipal leaders were divided over whether to implement Kisch’s plan. Haifa Mayor Yona Yahav said the city would keep schools closed for now, saying he had “no intention of endangering students, drivers, and teaching staff,” as officials weighed the risks of transporting children during ongoing alerts. Others signaled they would move ahead. Roy Levy, mayor of nearby Nesher, said schools would reopen in line with Home Front Command guidelines, calling a return to classrooms “an emotional and social need.” Jerusalem Mayor Moshe Lion also said he would partially reopen the city’s education system, citing the need for “a routine, an educational framework and meetings with friends and teachers.”
But by Monday evening, Kisch was forced to backpedal after the IDF’s Home Front Command said that wartime restrictions would stay in effect across the country, keeping schools shut for now. A limited reopening may be attempted again starting next week — or not.
In one of the darkest incidents to emerge from Israel’s forced return to Zoom schooling, a teacher in Jerusalem was attacked by her partner in front of her students during an online lesson. He struck her in the head and smashed objects in their home before being arrested, later telling investigators he had acted out of “feelings of jealousy.”
Reports of domestic violence in Israel tend to rise during periods of war and home confinement. Data compiled after Oct. 7 showed a 28% increase in calls to Israel’s welfare ministry hotline related to domestic violence, sexual abuse and child neglect during the first months of the war.
Not everyone viewed Zoom as futile. Nataly Peleg, a first-grade teacher, said the classes are less about academics than about giving children a welcome distraction — even if she does not compel her own children to join theirs.
“It’s not so much whether they learn or not,” she said. “It’s about being together for a bit and focusing on something that isn’t the sirens and the surreal situations around us.”
Some children find the classes comforting, she said, while others are simply waiting for them to end or do not join at all. Still, she said, many parents have told her they appreciate the effort. “If even a handful of kids feel a bit better, it’s worth it,” she said.
Daniel, for her part, is trying to keep things in perspective. Despite feeling “super overwhelmed,” she said she is thankful her family is safe.
“Things could always be worse,” she said. “I’m just grateful we are all OK.”
In her post, Danziger said she was passing on the advice the hotline counselor had given her more than two and a half years ago.
“Don’t. Don’t let distance learning control you,” she said, adding that “nothing terrible would happen if your kids don’t join some of the Zooms — or, to be honest, all of them.”
While “we parents may not be bombing Tehran or deciphering nuclear secrets right now,” she wrote, “the responsibility for our children’s education and the functioning of our homes is still in our hands.”
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