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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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Gene Shalit, a mensch with a personality as big as his mustache, turns 100
The television entertainment personality Gene Shalit, who celebrated his centenary on March 25, semaphored a Jewish appearance for decades to viewers of NBC’s early morning gabfest The Today Show.
With his Jew-fro hairstyle that fascinated celebrity interviewees and his abundant mustache that outdid Groucho Marx’s mere greasepaint simulacrum, Shalit was one of a kind. Born in New York City in 1926, he clearly aimed to be recognizable even through half-opened bleary eyes of half-asleep viewers. And audible too. Shalit’s precise pronunciation, always at a vigorous decibel level, sought to be comprehensible even during voiceovers. The Canadian comedian Eugene Levy, transfixed by this persona, imitated him on SCTV roaring at high decibel levels.
In one skit, Levy embodied Shalit with haimish affection, hawking a remedy for a migraine presumably caused by his own bellowing. In another, Levy spoofed Hollywood celebrities who were notorious fressers at local restaurants, including the American Jewish actress Shelley Winters (born Shirley Schrift). In still another lampoon, Levy-as-Shalit danced and also kibitzed with the late Catherine O’Hara as the Jewish gossip columnist Rona Barrett (born Burstein).
Shalit apparently kvelled at the notion that he was prominent enough in media culture to be affectionately kidded like other Jewish noteworthies Levy imitated, including Howard Cosell, Henry Kissinger, Menachem Begin, Milton Berle, Judd Hirsch, Jack Carter, James Caan, Lorne Greene, Norman Mailer and Neil Sedaka.
Years later, Levy recalled that when the SCTV comedy troupe was invited to appear on The Today Show, before the segment was filmed, chairs were arranged so that Catherine O’Hara was seated next to Shalit. Suddenly Shalit exclaimed: “Wait a minute, shouldn’t the person who [imitates] me be sitting beside me?” Another Jewish comedian, Jon Lovitz, would likewise attempt to imitate Shalit on Saturday Night Live, but without the zest of Levy’s indelible incarnation.

Shalit once told showbiz reporter Eileen Prose that at first, his looks limited him to radio jobs in more conventional times for TV talent. By the more liberated late 1960s, when long hair and a hirsute upper lip were more common, he was hired as quasi-permanent house Jew on The Today Show. Although his mustache fit the counterculture in the mode of Jewish activist Jerry Rubin’s, Shalit as an aspiring journalist may have grown his facial hair more in tribute to earlier literati like the playwright William Saroyan or the eminent humorist Mark Twain.
At times, Shalit’s appearance could be clown-like or cartoonish, so it was natural that characters inspired by him would appear on animated series such as SpongeBob SquarePants and Family Guy as well as The Muppet Show.
Famous interviewees like Peter Sellers were plainly at ease with Shalit’s persona. A conversation filmed shortly before Sellers’ untimely death was cordial, with the sometimes tetchy actor on his best behavior, acknowledging Shalit as a fellow entertainer. And with Mel Brooks in 1987, Shalit looked to be in paradise.
A warm-hearted empathizer and enthusiast, Shalit was more suited to promoting films than criticizing them. In 1989, a tzimmes occurred when a memo drafted by Bryant Gumbel, a Today Show colleague, deemed Shalit a “specialist in gushing over actors and directors” and added that Shalit’s interviews “aren’t very good.” To his credit, Shalit minimized the controversy, telling The Los Angeles Times that Gumbel’s disses were “not big whacks.”
“Listen, I’ve been interviewing people on the show for 17 years,” Shalit said. “I must be doing something right.”

Part of his inspiration was a sincere appreciation for humor, Jewish and otherwise. His 1987 anthology, Laughing Matters featured contributions by Jewish wits such as Dorothy Parker, S. J. Perelman, Woody Allen, Fran Lebowitz, Samuel Hoffenstein, Philip Roth, Mel Brooks, George S. Kaufman, Milt Gross, Arthur Kober, Leo Rosten, Allan Sherman, Max Shulman, Calvin Trillin, Rube Goldberg, Sam Gross, Roz Chast, B. Kliban, Robert Mankoff, J. B. Handelsman, Jules Feiffer and George Burns. The volume was dedicated to, among others, the Jewish screenwriter Samson Raphaelson, who was Shalit’s instructor at the University of Illinois at Urbana-Champaign.
His visceral reaction to Jewish parody was such that during one commuter train ride, Shalit admitted in a preface, Perelman’s story “No Starch in the Dhoti, S’il Vous Plait” caused a conductor to lean down with concern, stating: “A passenger says you’re crying.” To which Shalit retorted, choking and rubbing away tears: “I’m laughing.”
The subliminal message of Shalit’s book was that without Jews, America would have distinctly fewer tears of laughter. And he regretted not being able to include funny Jews like Jack Benny and Ed Wynn whose performances could not be transferred to the printed page.
Shalit also reviewed books for years. Sticking firmly to the content of cultural products with a few brief hints of value judgment, Shalit seemed to have neither the time nor presumably the inclination to subject new items to analysis of Freudian intensity. He clearly preferred boosting things to panning them, and when a film displeased Shalit, he could be uncomfortable saying so.
One occasion when Shalit raised hackles was his response on The Today Show to the 2005 film Brokeback Mountain. Shalit described one of the gay characters as a “sexual predator.” The LGBTQ media group GLAAD objected to Shalit’s characterization as a homophobic stereotype. Shalit’s son Peter wrote an open letter to GLAAD, identifying himself as a gay physician with a Seattle practice helping the gay community. Peter Shalit admitted that his father “did not get” the film in question, but was “not a homophobe.” He might have added that his father had even included an excerpt from Harvey Fierstein’s Torch Song Trilogy in the aforementioned humor collection.
Shalit followed up with his own apology, stating in a mensch-like way that he did not intend to cast “aspersions on anyone in the gay community or on the community itself.” When Shalit finally retired from broadcasting at age 84, with the Yiddish-inflected declaration: “It’s enough, already,” he left behind admiring viewers and decades of bonhomie as one of morning television’s most genial protagonists.
Mazel tov, Gene Shalit. Biz hundert un tsvantsik (May you live until 120)!
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How a song about the food chain became a Seder mainstay
I’m almost positive I heard about the old lady who swallowed a fly before the father who bought a goat for two zuzim.
This occurred to me a few years ago while riding in my sister’s minivan. My niece was in her car seat fidgeting with a toy that plays a catalogue of public domain children’s songs. But unlike the version I’d grown up hearing, where the old lady’s ravenous habit of devouring ever-larger animals is met with the prognostic shrug of “perhaps she’ll die,” the refrain was changed to the more kid-friendly “oh me oh my.”
The Seder tune “Chad Gadya,” which involves a quite similar conceit, has no such timidity when it comes to the ravages of death.
Jack Black once described it as the “original heavy metal song” for the way it progresses along the chain of life from a little goat bought for two zuzim, to the cat who ate the goat, to the dog who bit the cat, all the way up to the angel of death. (“Very Black Sabbath.”)
It is pretty metal — in a kosher Kidz Bop, tot Shabbat kinda way. But why we sing it should, in Jewish circles, be as popular a seasonal question as what a bunny with a clutch of eggs has to do with Jesus’ resurrection. (Some Haggadot explain the greater significance of “Chad Gadya;” my Maxwell House does not.)
Dating the song or rooting out its precise origins is not easy.
As historian Henry Abramson wrote, scholars have noted the song’s similarities to a late Medieval German folk rhyme. While the fact that it is mostly in Aramaic, not the vernacular in Europe in the Middle Ages, suggests an earlier provenance, it is missing from extant Sephardic and Yemenite Haggadot, where one would expect to find texts originating in the language, and the Aramaic itself has many errors.
Abramson reasons that, given the surviving written versions, it was likely adapted sometime in the 14th century from a German children’s rhyme called “The Foreman that Sent Jockel Out,” about an idler named Jockel who a foreman tries to rouse to fieldwork with an escalating series of messengers, ending with a hangman. (Abramson notes the original is characterized by “some Teutonic weirdness,” like a witch sent to subdue a vulture.)
“Chad Gadya” belongs, like its Seder companion “Echad Mi Yodea,” to a genre called “cumulative song,” where verses build with new information a la “12 Days of Christmas.” But “Chad Gadya” stands out for its strangeness and its more oblique message.
Abramson and others see the goat, small and vulnerable, standing in for the Jewish people, and the ensuing parade of antagonists corresponding to historical enemies (Assyrians, Babylonians) and periods of time (Exodus, various conquests), ending with redemption in the Messianic age when the Holy One smites death.
As Rabbi Jonathan Sacks wrote in a commentary for his Haggadah, the song “teaches the great truth of Jewish hope: that though many nations (symbolized by the cat, the dog, and so on) attacked Israel (the goat), each in turn has vanished into oblivion.”
That this truth is conveyed in song, with much banging on the table or animal noises, speaks to the centrality of children in the Passover Seder. And, some think, its inclusion serves a practical purpose: keeping the kids awake through the last leg of a long ritual meal.
My own interpretation is admittedly less lofty. I don’t think of Israel’s tribulations. I do think of the abundance of stray cats in Jerusalem, said to have originated during the British mandate when the city had a rat problem.
And, in the years since my own days as designated Four Questions asker, I’ve been reading “Chad Gadya” into non-Jewish contexts. “The White Cat,” off of Mitski’s new album, Nothing’s About to Happen to Me, contains a lyric that recalls the song, only altered to be a metaphor for the predations of capitalism.
In it, the speaker says she must work to pay for the cat’s house and “for the bugs who drink my blood/and the birds who eat those bugs/so that white cat can kill the birds.”
These cycles speak across cultures and time because they represent a fundamental rule of nature: There’s always a bigger fish (or cat or dog or stick).
To erase death from the equation, like my niece’s toy does with that hapless, insect-ingesting pensioner, is a concession to today’s sensitivities. That’s not to say “The Old Lady Who Swallowed a Fly” represents anything more homiletic than a choking hazard warning, but in the case of “Chad Gadya,” death is the story, and an end to death is the hope.
“The Haggadah ends with the death of death in eternal life,” Rabbi Sacks concluded his drash on the song, which ends when God strikes down the Angel of Death. “A fitting end for the story of a people dedicated to Moshe’s great command, ‘Choose life.’”
I know it’s a principle of faith all over the Haggadah, but I’m more agnostic as to that Messianic promise and maybe more in the camp of our old lady. My understanding of Jewishness, which accords with Moshe’s command, says life is best lived knowing that — perhaps — we’ll die.
The post How a song about the food chain became a Seder mainstay appeared first on The Forward.
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Katz: ‘Israel’s Goal in Lebanon is to Disarm Hezbollah’
Then-Israeli transportation minister Israel Katz attends the cabinet meeting at the Prime Minister’s office in Jerusalem, Feb. 17, 2019. Katz currently serves as the foreign minister. Photo: Sebastian Scheiner/Pool via REUTERS
i24 News – Israel’s Defense Minister Israel Katz held a situation assessment Friday with senior military and defense officials, reiterating that the country’s policy in Lebanon remains focused on disarming Hezbollah by military and political means. Katz emphasized that the goal applies “regardless of the Iran issue” and pledged continued protection for Israeli northern communities.
Katz said the Israel Defense Forces are completing ground maneuvers up to the anti-tank line to prevent direct threats to border towns. He outlined plans to demolish houses in villages near the border that serve as Hezbollah outposts, citing previous operations in Rafah and Khan Yunis in Gaza as models.
The Defense Minister added that the IDF will maintain security control over the Litani area and that the return of 600,000 residents of southern Lebanon who had evacuated north will not be permitted until northern communities’ safety is ensured. Katz also reaffirmed that the IDF will continue targeting Hezbollah leaders and operatives across Lebanon, noting that 1,000 terrorists have already been eliminated since the start of the current campaign.
“We promised security to the northern towns, and that is exactly what we will do,” Katz said. He further warned that the IDF will act decisively against rocket fire from Lebanon, stating that Hezbollah “will pay heavy prices.”
