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In Pittsburgh synagogue shooting trial, Jewish rituals feature as prominently as the carnage of the day
PITTSBURGH (JTA) — Testifying at the trial of the Pittsburgh synagogue shooter, Carol Black described how, right before he opened fire, she had taken her yarmulke and tallis out of her velvet tallis bag.
But first, she had to explain what a yarmulke, tallis and tallis bag were.
“In my briefcase is a blue velvet bag that has a zipper on it,” she said. “I have a Ziploc bag of yarmulkes I would wear and a tallis I would wear.” A yarmulke was a “head covering,” she explained, and a tallis was a “prayer shawl.” The items, she said, “just signified being in the presence of God and being respectful.”
Black, 71, was the second witness to testify on Wednesday, the second day of the capital murder trial of the alleged gunman, Robert Bowers. She was one of a few witnesses who interspersed heart-rending testimony about the trial with, effectively, a crash course on Jewish ritual.
Black recalled how she sat in the second seat in from the aisle, because the aisle seat was where her brother Richard Gottfried sat, and they shared gabbai duties. Then Black explained the role of a “gabbai” — calling congregants to the Torah and helping them read through a passage. She described Pesukei d’Zimra, the morning service’s opening prayers, and spelled out the Hebrew name of the morning service, Shacharit, for the court reporter.
“I had just started to open the bag and I heard a loud bang,” she said. “To me it sounded like somebody had dropped a table on the metal floor.”
She added, “The first two sounds, I didn’t recognize them as gunfire. You don’t go to a synagogue and expect to hear gunfire.”
The focus of the trial is the gunfire — the shooting on Oct. 27, 2018 that killed 11 Jews praying at three congregations: Tree of Life, New Light and Dor Hadash. But for the prosecution, explaining the synagogue — and the practices that take place in it — is also proving to be crucial. The painful collision on that Shabbat morning of the sacred and the profane is key to the prosecution’s case that the defendant merits the death penalty.
Of the 63 federal charges Bowers is facing, 22 are capital crimes: two for each of the 11 fatalities that morning, including Black’s brother, Richard Gottfried. One is “obstruction of free exercise of religious beliefs resulting in death” and the other is murder, enhanced with a hate crime charge. So prosecutors, seeking to show that the shooting was motivated by antisemitism, are probing witnesses about their Judaism and how they express it.
“As they did every Saturday, men and women of the Jewish faith made their way to the synagogue, to observe Shabbat,” Assistant U.S. Attorney Soo Song said in her opening statement on Tuesday. “To pray to God in the sanctity and refuge of their shared Jewish faith.”
Conversely, defense lawyer Judy Clarke is out to prove that her client targeted the congregants not because of their religion per se but because of a delusion that they were facilitating an immigration invasion to replace whites. Both she and prosecutors have said in court that he committed the attack.
Clarke occasionally objected when the testimony veered into how American Jews worship, or into explaining what animates Jewish practice. None of her objections to explaining Judaism were sustained — including one where she had tried to preempt the director of one of the congregations’ religious schools from explaining its educational precepts.
Describing the curriculum, Wendy Kobee, the director of the religious school of Dor Hadash, a Reconstructionist congregation, said, “Religious prayers, religious practices, cultural values.”
“Among the cultural values taught at the school was the concept of welcoming the stranger?” prosecutor Mary Hahn asked.
“Yes, that would have been incorporated into the curriculum in an age-appropriate way,” Kobee said.
Both the defense and prosecution acknowledge that the defendant, a white supremacist, targeted the building because Dor Hadash had partnered with HIAS, the Jewish refugee aid group, to celebrate what the group called National Refugee Shabbat.
The trial is shaping up as a seminar on American Jewish tradition. Witnesses have provided the judge, jury and spectators with an impromptu glossary of Jewish terms, and an introduction to parts of modern Jewish thought. Dan Leger, a member of Dor Hadash who was injured in the attack, outlined the teachings of the Reconstructionist movement’s founder, Rabbi Mordecai Kaplan.
Kaplan’s “approach is one of looking at the Bible, the Torah specifically as something that guides our life in ways that give value in social interaction,” Leger said. “One of the ways it is most highly demonstrated is welcoming those into the community who need assistance, who need support whether or not they are Jewish, welcoming immigrants into the country.”
Prosecutors also asked witnesses about Jewish practice in order to explain what happened on the day of the shooting. Song asked Leger to explain tallit katan, the small prayer shawl colloquially known as tzitzit that observant men traditionally wear under their clothing, and why he did not have a cell phone handy when the gunman opened fire. It was Shabbat, when some Jews abstain from using electronic devices, he explained.)
Another prosecutor asked Barry Werber, who testified later, why he preferred to attend services at New Light on Friday night and for Sunday breakfasts and not on Saturdays. He liked to sleep in on Saturdays, he said, but he went to services on the morning of the shooting because he felt obliged to honor his mother on her yahrzeit. He explained that a yahrzeit was “the anniversary of someone’s death.”
Like Tree of Life’s rabbi, Jeffrey Myers, had on Tuesday, Leger testified that he recited the Shema when he believed he was dying, after the gunman shot him in the abdomen. He translated the Torah verse and central Jewish prayer for the jury. Leger, a retired registered nurse, and another Dor Hadash congregant, Jerry Rabinowitz, a physician, had run into the shooting to help the injured. Rabinowitz was killed.
“I thought about the wonder of my life, the beauty of it all, the happiness I had experienced, the joy of having two beautiful sons and a wonderful wife and the wife previous to that wife, all the wonderful friends I have in the world,” Leger said. “I prayed for forgiveness for those who I have wronged in my life. I was ready to go.”
The defendant, wearing a dark blue sweater and a light blue collared shirt, his arms folded, stared at Leger.
The stories on the witness stand offered windows into American Jewish families and history. Gottfried started attending New Light after his mother died in 1992, Black testified about her brother, but she said she remained uninterested in frequent synagogue attendance until she injured a hip running about a decade ago. Gottfried, who was younger, encouraged her to come to services, and she celebrated her bat mitzvah as an adult.
“In Uniontown [Pennsylvania] where I grew up, in our Conservative congregation, which incidentally was called Tree of Life, girls did not get bat mitzvahed,” she said.
Black and Werber both discussed the social aspect of Shabbat services, describing the propensity of Melvin Wax, a New Light congregant, to tell jokes. Werber recalled that just before the shooting, Wax was telling jokes to Cecil Rosenthal.
Yet along with descriptions of how ritual and prayer bound the synagogue communities together, the testimonies all came back to the horrific details of the shooting itself.
After sitting with Wax, Werber said, Rosenthal went back upstairs, where the gunman shot him multiple times. Down in the New Light sanctuary, Rabbi Jonathan Perlman led Werber, Wax and Black into a storeroom behind the bimah. Richard Gottfried was in an adjacent kitchen with another New Light congregant, Dan Stein, preparing breakfast for the next morning. He called 911.
The gunman came down the stairs and killed Gottfried and Stein. There was a pause, so Wax peeked out of the storeroom to see what was happening. The gunman shot him twice, and he fell at Black’s feet. The gunman hovered a while in the area and then retreated.
Eventually, emergency responders found the group hidden in the store room. Wax’s body still lay there.
“I had to step over him to get past him,” Black testified, her voice cracking. “Quietly to myself I said goodbye to him and followed the officers.”
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Amid blazing heat and rising tides, artists find beauty and desperation in these biblical times
Daniel Rothbart’s floating aluminum and glass forms are at once playful and lyrical, biomorphic and other-worldly; prehistoric and futuristic. They are set in a pond and two small pools in Staten Island’s Snug Harbor, a hidden pastoral gem that once served as a safe haven for sailors.
Overflowing with colorful flowers and plants and shrubbery, the scene is idyllic, short of the oppressive, steamy heat that has settled over the landscape. But then that’s part of it too. Rothbart’s Serpentine Sibyls: A Floating Sculptural Installation, animated by winds and currents, are site-specific and immersive. He is keenly in tune with its ecology.
“No, my work has not always addressed political issues, but water is a fraught medium,” he told me over the phone. “You can’t work with water without addressing its importance to life on this planet and climate change and stewardship. Water has always fascinated me.”
Growing up in the Pacific Northwest the ocean was a constant alluring presence. And as a Jew, the water’s historical, cultural and religious traditional significance is defining, he said.
“There’s the purification ritual of the mikveh, the parting of the Red Sea, the washing of hands and feet before entering the temple in Biblical times and the casting off of sins, Tashlich on Rosh Hashanah. Water diplomacy and technology has always been central in Israel. Making the desert bloom.”
Rothbart, a multidisciplinary artist whose work has been exhibited across the globe, is the author of Jewish Metaphysics as Generative Principle in American Art, which examines how Jewish mystical traditions, especially Kabbalah, informed abstract American art in the post-World War II years.
Erudite and heady, Rothbart said that his work can be viewed through the lens of tikkun olam, the Jewish imperative to help repair a fractured world, but it also borrows from Japanese culture, outer space imagery, Marcel Duchamp’s dadaism and Greek mythology.
The title of his exhibit references Sibyls, the Greek female prophets who were consulted in catastrophic times, not unlike our current era cursed by floods and wildfires and heat waves.
Rothbart started thinking about floating sculptures in 2007 for a piece he was conceiving for the Venice Biennial. A city surrounded by water cried out for it. Japanese glass fishing floats came to mind.
“The Japanese fishing floats would wash up on shore in Oregon where I grew up,” he recalled. “I loved the fragile recycled pieces of glass that came from the orient and that I could de-contextualize a common object and in so doing create something new.”
To anchor the sculptures, Rothbart and his assistant kayaked to the middle of the pond. There, once he established where he wanted each sculpture, he dropped each form, now attached to two to five-pound iron weights.
“The sculptures are sensitive to any existing life in the water,” he said. “The pond here has turtles and fish. I’ve found that the animals adjust to the new forms. I love the relationship between life in the pond and the foreign objects.”
Three artists, one flood
The Interchurch Center in upper Manhattan is currently hosting Noah, A Future of Hope, 3 Faiths/ 3 Artists/ 1 Story. A traveling exhibit, it employs the story of Noah and the flood to gently remind viewers to save, protect and celebrate the environment. The topic is explored respectively through a Christian, Muslim and Jewish vision. The artists — Yona Verwer, a Dutch-born Jew, Brian Whelan, a British-born Christian of Irish heritage and Hady Boraey, an Egyptian Muslim — each merge their religious identity with personal aesthetics and the need to advocate for the environment.
“Each artist was invited to create eight paintings that visually inspire our imaginations to heal our world by honoring our intricate connection to the earth as our sustainer, and by maintaining a sacred balance with all her life forms,” said curator Paul G. Chandler in his introductory remarks at the exhibit’s opening night reception. “In this way, the story of the ark, its animals, and the flood, take on contemporary relevance as we face today’s climate crisis.”
Seven is a significant number in each religion, so Chandler selected seven core lessons, each reflecting some part of the Noah story, for the artists to address. The eighth painting from each artist served as a kind of synopsis of the work that was to follow.
Water is a common image throughout the exhibit; indeed, water plays a major role, not only in Judaism, but in Christian and Islamic rituals as well, from Christian baptism to the washing of feet and hands before prayer in a Mosque.
When I asked Chandler if he could guess the religion of each artist on the basis of their paintings he said he could for the Jew and Christian, but wouldn’t have had a clue that Boraey emerges from an Islamic tradition.
“His paintings have an individual aesthetic and a more universal feeling. Still, you never see the face of Noah in his work. In Islamic tradition you can only view him from the back. To see his face is idolatry. Jews have the same tradition, but may not adhere to it as rigidly.”
Some of Verwer’s work incorporates Hebraic texts and characters. In “Care for the Species,” a figure is blowing a shofar. Similarly, Chandler said, he’d know that Whelan’s paintings were made by a Christian. They are literal illustrations of key moments in the Noah story.
His depiction of Noah evokes a figure right out of vaudeville, grinning broadly, sporting a little hat and in more than one instance looking slightly confused.
“Christians turn catastrophe into a kind of children’s bedtime story,” Chandler said. “It’s very Christian to sanitize the story. Jews don’t do that.”
“My being Jewish — a religious Jew—has had a bearing on how I look at everything,” said Verwer who says that water and its preservation is deeply important to her not least because for more than 2,000 years Judaism has had many rules to safeguard water. As a Holland native, she, like Rothbart, grew up near water and so it was always part of her universe.
Verwer’s work is also exhibited in an accompanying solo show, Fluid Futures-Living Waters, which features eight paintings that explore ocean pollution through a comic sensibility. One piece, bal tashchit (prohibition against needless destruction) depicts an octopus, submerged in deep ocean waters, clutching a soda can in its mouth.
“I don’t feel a painting is finished if I haven’t laughed at least once,” Brian Whelan said. “But it also needs a message.”
His major challenge was Chandler’s insistence that the paintings embrace a note of optimism.
“I don’t see any hope in what’s happening to this planet,” said Whelan. “My work mostly follows in the tradition of East Anglican medieval narrative paintings found in churches dating back to the 14th-to-16th centuries.”
For me his strongest piece is “Humans Outside the Ark Perished,” which appears in his linked, one-man show, 40 Days and 40 Nights. Here we see desperate hands reaching towards Noah for safety. A mouse sits alongside Noah, a poignant image. It’s safe and sound compared to the desperate humans.
Of the three painters, Boraey said his work was the least likely to be connected to any one particular religion. Unable to obtain a visa to the States he spoke to me on the phone from the Northern coast of Egypt.
He said his piece “The Great Collapse” spoke most vividly to both the Noah story and the ecological precipice we’re now facing as a result of climate change.
In the foreground, we view Noah from the back gazing out across a body of water at masses of people crushed together and almost immobilized as they hopelessly struggle to move forward. In the background hangs a giant and cratered blue moon sinking below the horizon and into the ground. It is at once foreboding and exquisite.
Having participated in exhibitions in the Middle East and Europe, Boraey said he was most influenced by the surrealist art movement in Cairo in the late 30s. The marriage between folkloric and political motifs is its hallmark.
The Noah tale for him is “both pessimistic and optimistic because hope is always there and they survived at the end of the story,” he said. “Noah saved humanity. He reminds us that we have to be very careful with the earth.”
In harmony with nature
Back at Snug Harbor, the late afternoon heat dome has made the airless, sun-baked space even more relentless than it was earlier in the afternoon. Rothbart’s visitors are slowly straggling out of the park, some wiping away sweat with bits of tissue, others fanning themselves; still others pouring water from their bottles onto reddened necks and arms and legs indifferent to the water splashing on to their clothes.
“Talk about global warming and climate change,” he told me. “This weather only drives home the point of just how serious this is and how we have to learn to live in harmony with nature and our environment.”
Serpentine Sibyls will run through Sept. 28.
Noah: A Future of Hope will run at the Interfaith Center through Aug. 26 and then continues its global tour.
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Fire at Postville, Iowa, kosher meat processing plant shuts down production ahead of the High Holidays
(JTA) — A major fire at one of the largest kosher meat processing plants in the United States is poised to increase the price of kosher meat ahead of the High Holidays, in addition to devastating the plant’s local community.
Investigators in Postville, Iowa, said on Wednesday that the fire that devastated AgriStar Processing started accidentally in the facility’s laundry room. The fire, which began on Tuesday, destroyed at least 75% of the plant and has put more than 600 people out of work, Fire Chief Jeff Bohr told the local TV network KCRG.
The fire has also interrupted a linchpin of kosher meat production, according to OU Kosher, the oversight agency run by the Orthodox Union.
“The damaged facility means a significant portion of kosher beef and chicken slaughtered and sold in the US will not enter the kosher supply chain,” Rabbi Moshe Elefant, the organization’s CEO, said in a statement on Wednesday. “Kosher consumers will feel the impact of the tightening supply with reduction of availability.”
Elefant said OU Kosher was working to “find solutions for ramping up production at other plants” while warning that the crisis could fuel bad actors.
“Unfortunately, when supply is limited, it creates opportunity for unscrupulous individuals who seek to make money by preying on the well-meaning Kosher observant public,” he wrote.
Jarad Bernstein, the executive director of the Jewish Federation of Greater Des Moines, said the fire represented “a terrible situation” in an email to the Jewish Telegraphic Agency.
“The impact on the local community and the business will be large,” he said.
The fire is not the first time that a crisis at AgriStar has sent the community into a tailspin. In 2008, a federal immigration raid at the plant, then known as Agriprocessors, netted the arrest of hundreds of workers and led to the arrest and conviction of the company’s longtime CEO Sholom Rubashkin on 86 counts of bank fraud, mail fraud and money laundering. It also led most of Postville’s Jewish residents to leave the town, which had developed as an unusual stronghold of Orthodox life in eastern Iowa.
Saying that “many people” believed Rubashkin’s 27-year prison sentence had been excessive, President Donald Trump commuted Rubashkin’s sentence in 2017. Rubashkin’s conviction stands.
Canadian Jewish billionaire Hershy Friedman purchased Agriprocessors and reopened it as Agri-Star. He told JTA in 2016 that he had done so after being urged by Jewish leaders to ensure competition in the kosher meat processing industry.
“It wasn’t done for financial purposes; it was done to really cater to the Jewish community,” he said about the purchase. “During the time Rubashkin was closed, the price of beef roughly doubled. After we acquired it, it came right back down.”
Friedman also said he had shored up the company’s employment practices, which had run afoul of the law, and made improvements to the slaughter process that had made Agriprocessors a target of animal rights activists.
Agri-Star said in a statement on Wednesday that it appreciated the first responders who “worked tirelessly and selflessly to protect lives and contain the fire” and the employees who had shown “inspiring” care for each other. It also indicated that it did not yet know the future of the plant.
“We understand there are many questions about what comes next,” Agri-Star wrote on social media. “While we are still gathering information and evaluating our short-term plans, we are committed to sharing verified updates as soon as they become available. We appreciate your patience as we work through this process thoughtfully and responsibly.”
This article originally appeared on JTA.org.
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California law on antisemitism in schools will be enforced after free speech challenge is defeated
(JTA) — A California law to prevent antisemitism in schools will be enforced after a federal judge dismissed a challenge from teachers and students who said it violated free speech.
U.S. District Judge Noël Wise on Tuesday ruled against a lawsuit opposing Assembly Bill 715, which went into effect in January. The new law introduces measures to curb the “widespread surge in antisemitic discrimination, harassment, and bullying” faced by “Jewish and Israeli American pupils across California.”
As part of the law, California is establishing an Office of Civil Rights with a new statewide antisemitism prevention coordinator for public schools, who has not yet been appointed. The law mandates teachers to provide “factually accurate” instruction rather than “advocacy, personal opinion, bias, or partisanship.” It requires local educational agencies to take action if they find that instruction or school-sponsored materials are discriminatory.
A group of teachers, students and the American-Arab Anti-Discrimination Committee filed a challenge in November. They said the law was unconstitutionally vague, chilled speech in the classroom about Palestinians and discriminated against Palestinian, Arab and Muslim students and perspectives.
Wise said it was too soon to consider these claims, given the uncertainties still surrounding the new Office of Civil Rights, its leadership and how it will define and respond to antisemitism. She also said that teachers and students did not provide sufficient evidence of infringements on free speech, and teachers could not claim speech rights on the job.
“Teacher Plaintiffs are not acting as private citizens and therefore do not have First Amendment rights while teaching,” Wise said in her ruling.
She also dismissed the claim that the law would discriminate against non-Jewish students. “The existence of an Antisemitism Coordinator does not change the Office’s overarching purpose to stop discrimination generally; it merely reflects the State’s decision to accord specific funds to a specific problem,” she said.
Malak Afaneh, a staff attorney at ADC, said the group was reviewing the court’s decision and considering its options.
“AB 715 has already caused educators to alter the way they teach out of fear that classroom discussions or activities could trigger complaints or investigations,” Afaneh said in a statement. “When teachers feel compelled to abandon cultural identity projects or avoid discussions about Palestine, it is students who are denied the opportunity to engage with diverse ideas and perspectives.”
The Jewish Community Relations Council of San Francisco celebrated Wise’s decision as “great news.”
“This ruling, and the fact that the case has been dismissed with prejudice, affirms that AB 715 is a strong, legitimate approach to protecting Jewish students — and all students — against harassment and discrimination,” the group said.
This article originally appeared on JTA.org.
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