Connect with us

Uncategorized

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.’”


The post Defense rests in Pittsburgh synagogue shooting trial without calling witnesses or presenting evidence appeared first on Jewish Telegraphic Agency.

Continue Reading

Uncategorized

How a wedding in Oklahoma taught a group of police officers and SWAT team members to care about Judaism and Israel

I told the rabbi who was about to officiate at my daughter’s wedding that the guests would be an unusual mix — about 100 law enforcement officers, EMT’s, dispatchers, sheriffs and SWAT team members, many of whom had never met a Jew other than my daughter.

“In fact, they may not know that she is Jewish,” I said, “The other 50 guests will be our family from London, New York, Canada, Israel, a very different crowd.”

My daughter and Zac are both police officers in Oklahoma. Zac isn’t Jewish, but they both had wanted a Jewish wedding. It wasn’t easy finding a rabbi they actually liked who would officiate an interfaith marriage. The wedding was held Sept. 2, 2023. There was an outdoor garden and a bridge that led to the ceremony. The chuppah was constructed from an Amazon set of interlocking wooden bricks that the groom and his father assembled proudly. We decorated it with flowers but it looked like it could tilt over at any moment. The bride was bride-beautiful, a tiny 5’1″ with her handsome groom, a very tall 6’6″.

They were exquisitely happy and stood together as Rabbi Michael conducted the service, making sure to explain everything including the Hebrew parts. At the end of the ceremony, Zac even stepped on the glass and crushed it. The police officers, EMTs, firefighters, and SWAT teams were all riveted.

The party was held in the nearby barn, which was decorated with chandeliers and flowers and a DJ playing a mix of music. We danced the hora and the SWAT team managed to lift Zac and Martine high in the air as is tradition — a novel experience for most of our guests.

Then Oct. 7 happened in Israel.

A Jewish celebration in the Sooner State. Courtesy of Carla Singer

I got a call from my daughter: “Mom, my phone is ringing with many of the law enforcement people who were at our wedding. They want to know how they can help Israel.”

I was touched; they were responding because of the wedding they had attended.

Later that day my daughter called again: “Mom, I’m at the military supply store downtown, and the owner says she has 27 IFAK emergency medical kits. She wants to help Israel and will give the kits to me at cost. What should I do?”

By now I had heard from my friends in Israel that the government had been unprepared for the attacks and supplies were lacking.

“How much do they cost?” I asked. “Buy them all. While you’re at it, buy a bunch of tourniquets.”

From that moment on we tried to get these professional emergency medical IFAK kits to the IDF. The problem was that there was a backlog at the airport in Tel Aviv; donations were piling up because the IDF hadn’t been able to authorize them yet.

Because I had lived in Israel and had experienced another surprise October war in 1973, I had many Israeli contacts. I spoke to an IDF representative.

“We’re desperate for IFAKs. Yes, we need them,” he said.

“How do we get them to you?” He had no answer.

After a day of trying, I ran out of contacts and let my daughter continue. After all, she’s an excellent police officer and investigator.

Another day passed before I talked to my daughter again.

“Martine, how are you doing with the IFAKs?” I asked.

“Mom, they’re in Israel with a paratrooper unit,” she said.

I was shocked. “How did you get them there?” I asked.

Apparently, she had managed to track down a man who runs a volunteer retired military airlift organization. He wanted to help but said that his planes were flying medical supplies to Ukraine. Understanding the urgency, he gave her the name and contact information for his neighbor Moshe in Texas. Moshe was a retired Israeli commander of paratroopers.

“Take all of your IFAKSs out of their wrappings. Put them in a duffle bag and ship them to this address in Greenwich Village in New York City. Someone there will receive it and get it to a unit in the field in Israel,” Moshe told Martine.

Two months later at Christmas time, my daughter visited me in New York and we had family over for dinner. I urged her to tell the story.

“Well, Mom,” she said, “I have the video of the soldiers that they sent to me as a thank you.” She queued up her cell phone so we could see it.

Two soldiers stood alone in the dark — one held a machine gun and stood guard; the other held a sheaf of papers. “Martine, thank you for sending us the medical kits. We really need them,” he said. “Thanks also for the letters you sent with them. Yes, we will take you and your husband to the club you mentioned in your letter when you come to visit next time.”

Letters?

Martine had sent a long letter in the duffle bag, with others that had been written by police officers who had been at her wedding. They had been in the military before joining the police force. Their letters were short: “We have your backs. We support you and know what you’re going through. We were in Iraq, Afghanistan, and wish you the best.” They had heard about the duffel bag as word spread among the wedding guests and they wanted to do something. They did.

Recently, with antisemitism running rampant, a few of Martine’s police officer friends have quietly approached her. “We’ve been discussing where we would hide you, and protect you if our country turns against its Jews like they did in Germany,” they’ve told her. “You’ll be safe with us.”

One Jewish wedding educated a group of people. At one ceremony. At one party. In one night.

 

The post How a wedding in Oklahoma taught a group of police officers and SWAT team members to care about Judaism and Israel appeared first on The Forward.

Continue Reading

Uncategorized

Germany’s antisemitism czar says slogans like ‘From the river to the sea’ should be illegal

(JTA) — Germany’s antisemitism czar has urged a law to ban pro-Palestinian slogans such as “From the river to the sea,” renewing a fraught debate over the country’s historic allegiance to Israel and freedom of speech.

Felix Klein’s initiative would ban chants that could be interpreted as calling for Israel’s destruction. His proposal has the support of German Interior Minister Alexander Dobrindt and is now being reviewed by the Justice Ministry, he told Haaretz on Wednesday.

“Before Oct. 7, you could have said that ‘From the river to the sea’ doesn’t necessarily mean kicking Israelis off the land, and I could accept that,” said Klein. “But since then, Israel has really been facing existential threats, and unfortunately, it has become necessary here to limit freedom of speech in this regard.”

Klein, the first holder of an office titled “Federal Government Commissioner for Jewish Life in Germany and the Fight against Antisemitism” since 2018, added that he believed the law must be passed even if it is challenged in court for violating free speech.

Hamas’ Oct. 7, 2023, attacks and the subsequent and devastating Israel-Hamas war in Gaza tore at the seams of Germany’s national doctrines. The war triggered a sharp rise in antisemitic and Isalmophobic incidents across the country. It also exposed charged questions about when Germany prioritizes its responsibility toward the Jewish state, which became central to German national identity after the Holocaust, and when it upholds democratic principles.

The legal boundaries of pro-Palestinian speech are already far from clear-cut. Currently, courts decide whether a person chanted “From the river to the sea, Palestine will be free” in support of peacefully liberating Palestinians or in endorsement of terrorism. In August 2024, the German-Iranian activist Ava Moayeri was convicted of condoning a crime for leading the chant at a Berlin rally on Oct. 11, 2023.

Shortly after the Hamas attacks, local authorities across Germany imposed sweeping bans on pro-Palestinian protests. Berlin officials authorized schools to ban the keffiyeh, a symbol of Palestinian solidarity, along with slogans such as “Free Palestine.”

Jewish and Israeli activists were caught up in the crackdown. In October 2023, a woman was arrested after holding a poster that said, “As a Jew and Israeli: Stop the genocide in Gaza.” And police prohibited a demonstration by a group calling themselves “Jewish Berliners against Violence in the Middle East,” citing the risk of unrest and “inflammatory, antisemitic exclamations.”

Earlier this year, German immigration authorities ordered the deportation of three European nationals and one U.S. citizen over their alleged activity at pro-Palestinian demonstrations. Three of the orders cited Germany’s “Staatsräson,” or “reason of state,” a doctrine enshrining Germany’s defense of Israel as justification for its own existence after the Holocaust.

But that tenet is not used in legal settings, according to Alexander Gorski, who represents the demonstrators threatened with deportation. “Staatsräson is not a legal concept,” Gorski told the Jewish Telegraphic Agency in April. “It’s completely irrelevant. It’s not in the German Basic Law, it’s not in the constitution.”

Jewish leaders such as Charlotte Knobloch, a Holocaust survivor and president of the Jewish Community of Munich and Upper Bavaria, have argued that anger toward Israel created a “pretext” for antisemitism. “It is sufficient cause in itself to fuel the hatred,” Knobloch said to Deutsche Welle in September.

In recent months, two German establishments made the news for refusing entry to Jews and Israelis. A shop in Flensburg, which posted a sign saying “Jews are banned here,” is vulnerable to German anti-discrimination law. Not so for the restaurant in Fürth whose sign read, “We no longer accept Israelis in our establishment,” according to anti-discrimination commissioner Ferda Ataman, who said the law does not apply to discrimination on the basis of nationality.

Klein said he has also initiated legislation to expand that law to protect Israelis and other nationalities.

He has a longstanding relationship with Jewish communities in Germany, starting with his Foreign Office appointment as the special liaison to global Jewish organizations. In that role, he helped create a “working definition” of antisemitism for the International Holocaust Remembrance Alliance in 2016. That definition has sparked contentious debate, as critics argue it conflates some criticisms of Israel with antisemitism.

Klein believes that anti-Zionism does largely fall in the same bucket as antisemitism. “I think in most cases it is — it’s just a disguised form of antisemitism,” he told Haaretz. “When people say they’re anti-Israel, what they really mean is Jews.”

The post Germany’s antisemitism czar says slogans like ‘From the river to the sea’ should be illegal appeared first on The Forward.

Continue Reading

Uncategorized

There’s something missing from John Fetterman’s memoir: Israel

There may be no senator who has committed more fervently to supporting Israel, at a greater personal cost, than Sen. John Fetterman.

In the weeks following the Oct. 7 attacks on Israel, the Pennsylvania Democrat began taping hostage posters to the wall outside his office and wearing a symbolic dogtag necklace. He embraced Israeli Prime Minister Benjamin Netanyahu, a pariah to many Democrats. As the civilian death toll in Gaza mounted, he posted constantly on social media to defend the war.

The position has cost him followers, friends, staff and perhaps in the future his seat. But it has also made him a hero in parts of the Jewish community. He received awards from Yeshiva University and the Zionist Organization of America and he was brought onstage as a panelist at the national Jewish Federations of North America convention.

Given the centrality of Israel to his focus in office — he was sworn in only 9 months before Oct. 7 — and how often he posts about it on social media, one might anticipate Fetterman giving it a lengthy treatment in his newly released memoir, Unfettered. The title of the memoir, too, seems to promise candor.

Instead, Fetterman dedicates all of three paragraphs to Israel in a book that largely rehashes lore from before his time in the Senate and discusses his struggles with mental health. These paragraphs — which even pro-Israel readers will read as boilerplate — appear in the book’s penultimate chapter, which is about his declining popularity since taking office.

Some have suggested that the reason some of the media and former staffers turned on me was because of my stance on Israel. Others imply that my support of Israel has to do with impaired mental health, which isn’t true. My support for Israel is not new. I was quoted in the 2022 primary as unequivocally stating that “I will always lean in on Israel.”

There’s a paragraph here about sticking to his morals even if it means defying his party, then:

There was no choice for me but to support Israel. I remembered the country’s history — how it was formed in 1948 in the wake of the murder of six million Jews. Since then, the rest of the Middle East, harboring resentments going back thousands of years, has only looked for ways to eradicate Israel. It took less than a day after the formation of the Jewish state was announced for Egypt to attack it. Every day in Israel is a struggle for existence, just as every day is an homage to the memory of the Jews shot and gassed and tortured.

It’s also clear that war in Gaza [sic] has been a humanitarian disaster. At the time of this writing, roughly sixty thousand people have been killed in Israel’s air and ground campaign, over half of them women, children, and the elderly. I grieve the tragedy, the death, and the misery.

Satisfied with this examination of the hypothesis for his growing unpopularity, Fetterman then moves on to another possible reason: his votes on immigration.

It’s strange to read the Israel passages in light of Fetterman’s full-throated advocacy on any number of issues related or connected to the Israel-Hamas war, including the hostages, campus protests, and rising antisemitism. Even if he did not reckon more deeply with his support for a war that brought about a “humanitarian disaster,” he might have talked about meeting the hostage families, or visiting Israel, or his disappointment that some voices within his party have turned against it.

The production of Unfettered was itself a story earlier this year, and may explain the book’s failure to grapple with a central priority.

Fetterman reportedly received a $1.2 million advance for it, roughly a third of which went to Friday Night Lights author Buzz Bissinger to ghostwrite it. But the two apparently had a falling out at some point, according to the sports blog Defector, which wrote in June that “in the process of having to work with Fetterman, Bissinger went from believing the Pennsylvania senator was a legitimate presidential candidate to believing he should no longer be in office at all.”

Bissinger is not credited anywhere in the book, and does not appear to have contributed. (He refused to discuss the book when a reporter called him earlier this year.)

But the mystifying section about Israel may have nothing to do with a ghostwriter or lack thereof. It may instead be explained by a letter his then-chief of staff wrote in May 2024, in which he said Fetterman “claims to be the most knowledgeable source on Israel and Gaza around but his sources are just what he reads in the news — he declines most briefings and never reads memos.”

The post There’s something missing from John Fetterman’s memoir: Israel appeared first on The Forward.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News