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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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VIDEO: A Hasid gives us a tour of Morocco in Yiddish
דער ירושלימער יוטוב־שטערן וועלוול קירשנבוים האָט לעצטנס אַרויסגעשטעלט אַ ווידעאָ אויף ייִדיש פֿון אַ פּרעכטיקן וויזיט, וואָס ער האָט געמאַכט אין מאַראָקאָ. עס באַגלייט אים זײַן חבֿר אַבֿרהם פּרץ.
אינעם ווידעאָ זעט מען ווי קירשנבוים דאַוונט שחרית מיט די אָרטיקע ייִדן און באַזוכט אַ גוט אָפּגעהיטענעם בית־עולם, וווּ עס ליגן באַערדיקט גרויסע צדיקים ווי למשל הרבֿ חיים בן עתר (1696–1743), באַקאַנט ווי דער „אור החיים“. „מענטשן מיינען, אַז נאָר אין אייראָפּע זענען דאָ קבֿרים פֿון צדיקים!“ זאָגט קירשנבוים.
מיר זעען אַ גרויסע, שיינע שיל מיט אַ פֿײַנער אַרכיטעקטור אין קאַזאַבלאַנקאַ; דעם גרויסן אַראַבישן שוק, וווּ קירשנבוים קויפֿט זיך אײַן מלבושים פּונקט ווי די מאַראָקאַנער גייען אָנגעטאָן. ער באַוווּנדערט אויך די שיינע טיי־גלעזער און טשײַניקן, וואָס מע פֿאַרקויפֿט דאָרט, און באַקענט זיך מיט אַ ייִדישן סוחר וואָס האַנדלט מיט זילבער און גאָלד, פּונקט אַזוי ווי זײַן טאַטע און זיידע האָבן געטאָן פֿאַר דור־דורות.
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Conservative and Christian movies are coming for Hollywood
A star-studded new movie set in a Soviet prison is coming out in November. James Franco and Rob Lowe anchor the cast of Confession, playing a brutal prison guard and an imprisoned dissident professor, and a disheveled Nick Nolte appears as a fellow prisoner.
These actors were once huge gets, and their names could convey legitimacy to a project. Nolte and Franco both have received Academy Award nominations. Lowe was a member of the Brat Pack, and was a regular on The West Wing.
Confession, written by Ben Shapiro and produced by the rightwing tabloid-esque news site The Daily Wire, is not the expected fare for actors with that kind of name recognition; Shapiro’s screenwriting aspirations have been the target of ridicule for years.
Nevertheless, this isn’t the only Daily Wire production getting big names; Danny Trejo signed onto a pro-ICE movie about Minneapolis in the aftermath of the Renee Good shooting, and Jonathan Majors led Run, Fight, Hide: Infidels earlier this year.
Each one of these actors has been, in some way, canceled or in career doldrums so may have been more open to working with The Daily Wire. And some have claimed that they did not know who Shapiro was, or what his politics were; Trejo’s son, Gilbert, said his 82-year-old father did not endorse ICE and was misled about the movie before he signed his contract.
Movie studios have struggled through the pandemic and the streaming era, both of which have tanked box office receipts, leaving the field open for movies from offbeat production studios. In addition to The Daily Wire, there has been a whole ream of Christian movies attempting to shift the stereotype of bible movies — that they’re preachy, low-budget straight-to-TV affairs with cardboard acting — to something more prestigious, or at least profitable.
The Christian company Angel Studios has been placing screenings of the half philo-semitic, half-antisemitic Jesus TV series The Chosen in movie theaters across the country, produced the right-wing hit The Sound of Freedom and is pumping out faith-based movies like the animated King of Kings Christmas story and David, a kiddie movie about the biblical king. Recently, Pinnacle Peak Pictures, another faith-based production company, premiered Daniel and the Fiery Furnace, another bible movie that was notable enough to merit a review in The New York Times. (Though admittedly it wasn’t a particularly positive one.)
For decades, Hollywood, and the media industry at large, has been associated with liberalism, progressive politics and diversity. (This is part of why conservative conspiracy theorists often insist that Jews control the media.) Even when conservatives are in power, satirical movies have poked fun at the ruling class — Team America: World Police spoofed George W. Bush’s foreign policy, while M*A*S*H critiqued Richard Nixon. During the current Trump administration, we’ve seen One Battle After Another lambasting immigration policies and rising white nationalism, Eddington on misinformation and populism, and The Apprentice depicting Trump directly.
But a rising number of higher-budget, bigger releases from the right wing, whether The Daily Wire’s conservative political parables or the Christian fables, are bringing a new kind of messaging — about the importance of God and country, about gender roles, about about the centrality of Jesus to the U.S. — to the American movie-going public.
This is no accident. A group of powerful conservative Christians, many of whom worked on Project 2025, are proponents of the Seven Mountains Mandate, a blueprint for Christian nationalism that instructs Christians to gain influence and control over the “seven mountains” of society — which include media, entertainment and the arts. The Mandate is part of the New Apostolic Reformation, a decentralized evangelical movement embraced by millions of Americans.
Jeremy Boreing, the director of many Daily Wire movies — though he has since left the company — said on a podcast hosted by businessman Patrick Bet-David that “It had always been part of our strategy to move into making culture, not just criticizing culture” as a way of proving that “there is a future where conservatives aren’t losing. There’s a future where we have political power and cultural power.”
Cultural power, of course, requires more than just a lot of movies; they have to be well-done, or at least appear to be. Previous Daily Wire productions, as well as other right-wing, MAGA movie ventures, have been hacky. Lady Ballers, about an unsuccessful men’s basketball team pretending to be women so they can dominate the league, was an unsubtle, unfunny and ultimately unwatchable spoof of transgender athletes. And even plenty of higher-budget attempts, like Daniel and the Fiery Furnace, can still fall victim to wooden acting and writing.
But now, with the financial success of movies like The Sound of Freedom and biblical parables like The Chosen, bigger stars are being drawn to projects like the Daily Wire’s lineup of pro-ICE, anti-immigration and anti-LGBTQ movies. With those bigger stars may come new audiences who might not have watched a Christian movie or Daily Wire project otherwise. And where there is money and viewers, mainstream Hollywood will go, too, no matter how progressive people expect the industry to be. We’ve already gotten a biblical epic from Amazon Prime, with The House of David, and there are likely to be many more to come.
After all, it wasn’t so long ago, after all, that Cecil DeMille’s The Ten Commandments was the biggest movie in town.
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‘Heil’ Mary? New Atlanta Falcons logo inspires Nazi comparisons
If there was something off about the logo the Atlanta Falcons unveiled on social media Wednesday, whoever runs their accounts did, uh, not see it.
Behind the black falcon graphic that began appearing on the football team’s helmets in the 1960s was a new background — a flag of red, tan, black and white vertical stripes. To thousands of people who responded to the logo, it looked distinctly German — in a 1930s kind of way.
“The Atlanta Falcons are preparing to invade Poland,” one fan wrote.
A day after its posting, the new profile picture had unleashed a deluge of Nazi memes in the 4,000-plus replies on X. One picture swapped in the logo for Nazi flags in the background of a historical photo of a Hitler rally. Another edited the Falcon claw to look like a Nazi salute.
Others depicted Hitler in a Falcons cap, references to Inglourious Basterds and the Battle of the Bulge and a World War II joke invoking a blown lead in Super Bowl LI.
“Falcons were up 28-3 at Dunkirk,” that tweet read.
The Falcons’ snafu enters a small but growing catalogue of Reich-coded brand mixups. Who can forget the German national soccer team’s ‘44’ soccer jerseys? There was also the swastika-emblazoned Hallmark gift wrap; the accidental Hitler mugs; and (for my money) the worst of the bunch, Zara’s concentration camp uniform shirt.
All of those have been addressed; so far, the Falcons’ has not. We’ve reached out to them for comment.
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