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She represents the ‘worst of the worst.’ Now Judy Clarke is leading the defense in Pittsburgh synagogue massacre trial.
PITTSBURGH (Pittsburgh Jewish Chronicle via JTA) — When Judy Clarke delivered her opening statement to the jury that will determine the fate of the man charged with committing the massacre in the Tree of Life synagogue building, she did not deny that her client was responsible.
In fact, she sympathized with the victims and their families.
Clarke, 71, began her address by acknowledging the horror of Oct. 27, 2018, and its aftermath.
“The tragedy that brings us together today,” she said in a soft-spoken yet confident voice, is “almost incomprehensible. It’s inexcusable. … Eleven lives were taken, others shattered. The loss that occurred is immeasurable.”
She told the jury there was “no disagreement, no doubt” about the identity of the perpetrator. It was “the man seated at that table,” she said, indicating her client. “He shot every person he saw and, in the process, injured others in their sacred spaces.”
Clarke was appointed to Robert Bowers’ defense team in December 2018, after he requested the counsel of a federal public defender specializing in death penalty cases. He faces 63 criminal counts related to his attack on congregations Dor Hadash, New Light and Tree of Life*Or L’Simcha. Many of the charges carry the death penalty.
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As the trial proceeds, Clarke won’t try to convince the jury her client isn’t guilty. A “win” for her defense team will be for the defendant to avoid a death sentence and instead have him remain in prison for the rest of his life.
Clarke has vast experience defending those whom some call “the worst of the worst.” Her roster of past clients includes Susan Smith, who murdered her two young sons by drowning them in a lake in South Carolina; Theodore Kaczynski, otherwise known as the Unabomber; Buford Furrow, a white supremacist who opened fire in a Jewish community center outside of Los Angeles in 1999; Eric Rudolph, who planted a bomb in Centennial Olympic Park in Atlanta during the 1996 Summer Olympics; and Dzhokhar Tsarnaev, a perpetrator of the Boston Marathon bombing.
Except for Tsarnaev — whose case is under appeal — Clarke succeeded in avoiding a death sentence for all her clients, either by negotiating a plea deal or by convincing the jury that mitigating factors, such as a mental illness, precluded imposition of the ultimate punishment.
Clarke’s team tried to negotiate a deal for a life sentence for Bowers in exchange for a guilty plea but was unsuccessful. Four and a half years after the deadliest antisemitic attack in U.S. history, the three-week jury selection process commenced on April 24 and testimony began on May 30.
“This is not a straightforward murder case,” Clarke told the jury in her opening statement. The federal charges — which include obstruction of free exercise of religious beliefs resulting in death — must be proved by showing the defendant had the requisite intent to commit those particular crimes, she said.
She acknowledged that her client’s actions on Oct. 27, 2018, were “reprehensible” and “misguided” and recounted his virulent social media postings and other rantings about Jews. But she also portrayed him as “quiet” and “socially awkward, a man with few friends.” He didn’t live on his own until he was 44, she said, and his family saw him as someone “more likely to commit suicide than kill others.”
It’s clear that Clarke is appalled by her client’s actions. It’s also clear that she is determined to see that his rights are protected and that the judge and the jury faithfully apply the rule of law.
“Judy is one of the best lawyers I’ve ever known,” said Laurie Levenson, a professor at Loyola Law School in Los Angles and a former federal prosecutor. “She works insanely hard. She spends the time with the clients that she needs to. She doesn’t believe in the death penalty, and she’s devoted herself to representing people who are, you know — ‘the Voyage of the Damned’ is what she would say.”
Levenson, who has known Clarke for three decades, described her as “honest” and “very humble.”
“She doesn’t stand against the victims,” Levenson stressed. “I think she actually feels very much for the tragedy that occurred. But she has a job to do, which is to try to save her client’s life. And she does it with integrity.”
The two met during the Unabomber case, when Clarke was representing Kaczynski and Levenson was a legal commentator for CBS. Kaczynski at first resisted a plea deal sentencing him to life in prison because he did not want to admit to mental health issues.
Defense attorney Judy Clarke, at right, responds to questions at a press conference after the trial of Unabomber suspect Theodore Kaczynski was delayed in Sacramento, California, Jan. 8, 1998.(Rich Pedroncelli/AFP via Getty Images)
“She had a very difficult client, one that I think a lot of people would just sort of throw up their hands and say, ‘What can I do?’” Levenson recalled. “And she was able to get him to agree to that plea, which probably saved his life.”
Ted Kaczynski’s brother, David Kaczynski, praised Clarke for her ability to see humanity, even in those who have committed unspeakable atrocities.
“She has a really good heart, a really good intention,” David Kaczynski said. “I think she really cares about her clients. I think she has a kind of unconditional commitment to their humanity. And, of course, that meant a lot to me, because as much as I deplore what my brother did in harming people, I love him. He’s my brother.”
“So it’s a very fine line to walk, representing the client who has clearly got some serious personal problem,” he continued. “Ted was quite a loner. He was very shy. He had a very difficult time connecting with anybody. And in this very difficult situation, Judy was able to be there for him, and I think that was really meaningful for Ted, that he had some support, some human connection at this time of crisis in his life.”
David Kaczynski has followed Clarke’s career and continues to be impressed with her “professionalism and sense of humility.”
“I think the legal profession is trained to be strictly analytical and adversarial,” he said. “And she somehow works within this environment in a way that preserves her humanity as she’s trying to make people aware of the humanity of someone whose very right to exist is in question.”
Some question whether a person who has committed a heinous crime deserves a zealous defense. Levenson insists they do.
Our judicial system is “best served” when capital defendants are provided with a high-caliber defense, Levenson said, because “it’s in these situations where people are so emotionally invested that we can get it wrong.”
In addition to being a former prosecutor, Levenson created the Loyola Project for the Innocent, which works to get those who are serving sentences for crimes they did not commit out of prison.
Defense attorney Judy Clarke, seen here in Pittsburgh in 2023, is representing the man accused of murdering 11 Jews during Shabbat services in Pittsburgh in 2018. (Screenshot from KDKA report)
“I’ve seen firsthand that there are far too many lawyers who just immediately assume that their client’s not only guilty but should get the most severe punishment — that there’s nothing to be said on their client’s behalf,” Levenson said. “And you and I both know there’s a lot more to any given case, and that even people who do terrible crimes have other aspects of their lives that the justice system should consider.”
“In our system, we are supposed to consider each case, each individual, the facts, and not only determine whether someone’s guilty but what should happen to them,” she continued. “And that works well. When you have a lawyer who’s just going through the motions — and the one thing you can say about Judy is she doesn’t just go through the motions — I think the public can have more confidence in the verdict. As long as that lawyer is acting honestly and with integrity, it’s so much better to have that zealous advocate.”
The massacre at the Tree of Life building “was just a terrible, terrible, terrible tragedy,” said Levenson, who is Jewish. Clarke “will do her best to keep the case in perspective. In other words, focus not on big messages, but on this individual and any mitigating factors for this individual.”
Jon B. Gould, dean of the School of Social Ecology at the University of California-Irvine, has researched attorneys who specialize in death penalty cases. In 2019, along with Maya Pagni Barak, he published “Capital Defense: Inside the Lives of America’s Death Penalty Lawyers,” a book based on extensive interviews, providing insight into the reasons someone would willingly represent a person who has committed an egregious crime.
“They are an unusual kind of lawyer,” Gould said. “They’re actually an unusual kind of person because for many of these cases, they are representing what is sometimes said to be ‘the worst of the worst.’”
There are a variety of motivating factors for capital defense work, Gould said. Some of these lawyers are strongly opposed to state-sanctioned killing. For others, he said, “it is the excitement of the most complicated kind of law.”
Other death penalty specialists take the cases for “professional prestige,” and some do it for the money because capital defense lawyers get paid more than regular defense lawyers, Gould said. Some take the cases for religious reasons.
“Now, that’s all in the larger context of none of these lawyers looks at the facts of the case and thinks it’s anything other than a horrific tragedy,” Gould stressed. “I also found that for many of them, they are entirely sympathetic to the family members of the victims. They don’t look at these cases and think, no big deal. They look at these cases and think that’s something horrible that happened to the victim’s family, but they also look at the defendant and think, as one of them said to me, ‘No one gets to this place of being the defendant without having something horrible having happened to them earlier in life.’”
Death penalty cases are “really, really, really hard on defense lawyers,” Gould added. “It’s really distressing work. The evidence that they have to pore through is horrific. Many of them have PTSD.”
While many people “look at defense lawyers and think there must be something wrong with them,” Gould said it’s essential to remember “that they are fulfilling a very important function in the criminal justice system that none of us would ever want to have to do.”
“That doesn’t mean that any of us is unsympathetic to the victims,” he emphasized. “No one deserves what’s happened in any of these cases. But if we do believe in the rule of law, then there needs to be capital defense lawyers. And we need to respect the work they’re doing because that’s what it means to live in a system of rule of law and not simply a system where we simply execute people in the town square without the opportunity to have a defense.”
This story is part of ongoing coverage of the Pittsburgh synagogue shooting trial by the Pittsburgh Jewish Chronicle and the Pittsburgh Union Progress in a collaboration supported by funding from the Pittsburgh Media Partnership. It is reprinted with permission.
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Eliya Smith says plot is what happens when you’re busy doing nothing
Eliya Smith’s dad has seen her play Dad Don’t Read This. He’s kvelled at its every iteration.
“He’s always like, ‘Are people gonna know that I’m Dad?’” Smith, 28, said on the day of the Knicks Victory Parade. The streets of the West Village, where we met for coffee, were teeming with orange and blue; she was wearing a baseball cap with some sort of bird, a heron or maybe a penguin, swallowing a fish.
“I always think it’s funny that he’s like, ‘I’m here and I have no complicated feelings.’”
Smith’s father isn’t the title character of the piece, which is about four high school friends, the computer game The Sims and the existential angst of adolescence, but technically he is. Smith started writing the show about a decade ago, during Thanksgiving break from Harvard. She needed the pages printed and emailed them to her father with the injunction as a kind of title page. (The following page read, “If you’re reading this page, it means you started to read. Stop reading.”)
The play is a work of fiction, as are all its characters. But the real-life command became a guiding principle — and the first lines — of the show.
“There is like a sort of frame of, ‘This play isn’t for you,’” said Smith, a former Forward editorial fellow who, last year made her Off-Broadway debut with the play Grief Camp. “I think the audience should reckon with the experience of watching it. Not that I’m like, ‘Fuck you for coming to my play,’ I’ll always be grateful, but I think my favorite parts of the play are when it really feels like they’re like doing the play for each other.”
Dad Don’t Read This is what Smith calls her first real, full play. Unsatisfied with her earlier attempts, she took a crack at writing what she knew: boredom and Ohio (in her mind synonymous) and the endless hours she spent in her basement chatting with friends. That and The Sims, the life simulator where players construct the world and circumstances of flailing, gibberish-spewing suburbanites.
“When I was in high school, I feel like I would sometimes play The Sims and be like, ‘If only it were this easy,’” Smith said. She had a cheat code that could defy Maslow’s Hierarchy of Needs: When a Sim had to pee, you could drag the need away. She found herself thinking, “’I wish I could do that for myself, that I could just like drag away the sadness.”
In the show, this sentiment is embodied by Mal (Amalia Yoo, hot off her turn as another high schooler in the midst of a best friend breakup in John Proctor is the Villain), who tries to manipulate her friends the way she does her pixilated people.
Smith isn’t Mal, but the character’s Ohio ennui (Smith’s from Columbus) and some of her feelings are true to her high school self. OK, Smith’s like her in one way: She, like Mal, had a cousin who gave her a Sims cheat code for unlimited money.
The connection between the world of The Sims, and the control it signifies, has a natural extension in playwriting.
“You become a playwright because you have control issues,” Smith conceded. “When I’m writing it on the page, I can manipulate the characters how I want, and then we start rehearsing it, and I lose a little more control, and then it’s like the more the play becomes its own thing.
“I think it is actually the reason I became a playwright, because I love the moment where my desire to control everything is sort of overruled,” Smith said. Still, it’s often painful for her to be present as her words are performed.
About the hat — the one with the bird — she often feels the need to wear one when she sits in the audience, not to be incognito (she’s been told it makes her more conspicuous) but to block some of her field of vision so she doesn’t have to see some patron sigh or look at their phone.
Smith and I move from the coffee shop — whose vibe she compares, no shade, to the fast fashion brand Brandy Melville — over to the Greenwich House Theatre, where Dad Don’t Read This just transferred from St. Luke’s Theatre in midtown, earning a New York Times Critic’s Pick.
We plop into swivel chairs in the dressing room and catch up. Eliya left the Forward in 2021 to go to grad school at UT Austin. She’s only really been living in New York full time for about a year, calling Park Slope home. Life in Austin, she said, felt almost like an extension of high school in Ohio. She’d drive around bored with her friends. She misses the heat.
“I feel like there’s a sort of leveling thing that happens,” she said between sips of her iced coffee. “I feel like in New York you like get off the subway and you somehow are supposed to not be sweaty from being like packed in with hundreds of other people underground, and I feel like in Texas it’s so hot that it’s just totally fine, everyone is kind of disheveled and gross, and it’s just like what the vibe is, and I feel like it’s really equalizing, like ‘We’re all like looking not our best,’ and I liked that.”
She has yet to write her Texas play — or her New York one.
“I feel like everything I write is on a five-year delay,” said Smith, whose produced plays often circle the Buckeye State. (Last season’s Grief Camp took place in Virginia, but also followed young people; another play, about Holocaust memory, was called Deadclass, Ohio and, aptly, played at the New Ohio Theatre in Manhattan.) “Until I was like 23 I was like I can only write about being 17.”
Her new projects, Two Girls, a metatheatrical work about a shock porn video, and Biography (her least autobiographical piece to date), are departures.
It’s hard to explain the exact vibe of Dad Don’t Read This. Some have likened Smith’s work to Annie Baker, who she knows from UT Austin. I propose, in moments, it approaches Chekhov at a sleepover. Smith says she would never compare herself to the Russian master, but is happy to sing his praises. Though I meant this as a compliment, it could be seen as critique: On the surface, there isn’t much of a plot.
“I often joke that I don’t like plot,” Smith said. “But that actually isn’t true. I rigorously plot all my plays, it’s just the plot is like: This character is deeply wounded because of the perceived subtext from a line about a soda, and to me, that is plot.”
She also believes Top Gun: Maverick is the best movie ever in part because of how much happens. You can tell she is sincere, while knowing this is somewhat absurd to discuss in the same breath as The Cherry Orchard.
“You can have great art like Top Gun: Maverick, that is very sort of like there’s a story and these are all the beats, and you can also have Chekhov where the plot is like a wound that you couldn’t even name.”
Ineffable feelings are the engine of Dad Don’t Read This. Mal and her friends try and fail to articulate just what is going on in their little lives, where the inconsequential is the only thing that matters.
While firmly of a generation — it’s set in 2014, the actors are a few years younger than Smith — the play has found older admirers. Helen Shaw of The New York Times ranked it one of her top shows of the season. The New Yorker’s Adam Gopnik will participate in a “Dad Affinity Night” on June 28.
The key to its connection may well be what’s absent from the stage — smart phones and social media are nowhere to be seen. It’s intentional.
“We like don’t have boredom anymore, because we have phones, and so I’ve been trying to figure out how do I put characters in a situation where they can be extremely bored and where that can be dramatically intriguing,” Smith said. “And also, like, how do I make boredom resonate with an audience that doesn’t experience boredom because we look at our phones, and I do feel like being bored in Ohio is like something that I knew so intimately.”
Onstage at the Greenwich House Theatre, boredom lives. And it’s riveting.
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Shots fired in Jewish neighborhood of Montreal
(JTA) — Montreal police said an alleged shooter in a neighborhood known for its large Jewish population had been “neutralized” after killing one police officer and wounding another officer and a civilian Monday.
“A suspect has been neutralized,” the official police account posted on X after advising residents Côte-des-Neiges to stay indoors. “Two police officers and one citizen have been injured. The police operation is still underway. Continue to avoid the area. Further details to follow.”
The Montreal Gazette later reported that the suspect and the civilian also were dead.
It was not clear if the intended targets were Jewish, but a Chabad emissary in the neighborhood told Ynet, an Israeli news site, that a nearby building was targeted and that he was sheltering about 100 people.
The Yeshiva World News news site posted a video of a SWAT team swarming around a home belonging to a family affiliated with Chabad, the Orthodox Jewish movement.
Côte-des-Neiges was the scene of postwar Jewish settlement as Jewish families ascending from the working to the middle class moved west from the area of St. Laurent Boulevard. The area, with treelined streets studded with duplexes and low-rise apartment buildings, had a friendly neighborhood ambience and lacked the anti-Jewish restrictions some of the wealthier enclaves maintained at the time.
There are a number of Jewish schools and synagogues in the area, including the Spanish and Portuguese synagogue, the oldest congregation in the country, established in 1768 and which moved to the neighborhood in 1947. The neighborhood is now the site of a large Chabad community and a number of Jewish restaurants and delis.
This is a developing story.
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Everyone was a fan of Clive Davis — even if they didn’t know it
Last September I spent about 30 seconds with Clive Davis in a crowded elevator.
I was in the Sony Building, having just seen a press screening of Richard Linklatter’s Blue Moon. The elevator was full of mostly young people — probably Sony employees — and some press. The doors pinged open and in stepped a man with two handlers and an adorable spaniel. I turned to a fellow journalist and whispered “That’s Clive Davis.”
Someone who knew Clive — enough to call him “Clive” — told him we’d just seen a movie about the creative breakup between lyricist Lorenz Hart and musical composer Richard Rodgers.
“Didn’t you play Janis Joplin for Richard Rodgers,” he asked Davis.
Davis replied with perfect comic timing: “Yes. He hated it.”
That anecdote tells us just how much Davis, the legendary music executive and producer who died Monday June 22 at the age of 94, changed the musical landscape.
Davis had been in the music business long enough to serve as a bridge figure between the Great American Songbook and the popular music of the latter half of the 20th Century. The artists he signed at CBS, and later Arista (he was ousted from the CBS/Columbia for allegedly using company money to finance his son’s bar mitzvah), are enduring icons even, in the case of Ms. Joplin, decades after their deaths.
But what hit me in the elevator was the feeling that not everyone there knew who he was. They did, of course, know the music: Pink Floyd, P!nk, Whitney Houston, Sly and the Family Stone, Barry Manilow, Neil Diamond, Leonard Cohen, Bruce Springsteen and Aerosmith, the very authors of “Love in an Elevator.”
It’s not overstating it to say that Davis’ influence across genres and his golden ear provided the soundtrack to American life. His own life was productive until the end.
He was in the Sony building because he was Chief Creative Officer at the company. A week before his death, the streets were thumping with a New York anthem from one of his late career discoveries: Alicia Keys.
Davis’ rise could be taught in Jewish Studies courses. Born in working-class Crown Heights, he — like Barba Streisand — was a graduate of Erasmus Hall High. He made good at NYU and got his law degree at Harvard.
He rose from the legal department at Columbia to become the company’s top tastemaker. Somewhere along the way he discovered Joplin — of a polar opposite disposition and background — and went from strength to strength.
Davis’ true triumph might have been just how adept he was at navigating everything the U.S. had to offer. The musicians he promoted had little in common save for his imprimatur.
In that elevator, which delivered us without much fuss to the lobby, there may have been people whose musical tastes gravitated to rock, R&B, jam bands, easy listening, guitar instrumentals and jazz.
Whether they knew it or not, Davis shepherded something they liked into existence. His genius was in recognizing genius.
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