Uncategorized
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.
Support JTA’s partnership with the Pittsburgh Jewish Chronicle throughout this trial.
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.
—
The post She represents the ‘worst of the worst.’ Now Judy Clarke is leading the defense in Pittsburgh synagogue massacre trial. appeared first on Jewish Telegraphic Agency.
Uncategorized
As voting nears, Israeli democracy is not healthy
When Israel’s Supreme Court upheld the right of Arab parties last week to run in the country’s Oct. 27 election, they didn’t only provide Israel’s 2 million-plus Arab citizens a reason to vote. They also sent yet another signal in the incredible noise of these elections: Israeli democracy is not healthy.
Every time Israel has held elections in the last two decades, this cycle repeats: The Central Elections Committee — a body mostly made up of politicians — bars Arab parties or candidates, the Supreme Court puts them back on the ballot, and the country congratulates itself that its democratic guardrails held up to the pressure. But when Israel’s political representatives think democracy means disqualifying parties representing 20% of its electorate, the guardrails are not holding. When that 20% of the electorate is told its voices are unwanted and its opinions suspect enough to ban, it is nearly impossible to call Israel a healthy democracy.
And there’s a deeper story here, too — one that came to a head in 2023, connected to the decades-long march of the populist far-right in Israel against the Supreme Court. Recall that one of the first things that Prime Minister Benjamin Netanyahu’s government did upon taking power was to announce a “judicial overhaul plan” built on the populist claim that the elected politicians are the only true representatives of the people, and the unelected, elitist, liberal-leftist Supreme Court ought to be subservient to them.
Since then, they have tried to eliminate the Court’s ability to review the quasi-constitutional Basic Laws, left the court’s top positions unfilled and languishing, and managed to pass a bill putting judicial appointments in political hands. In short, the Court is not simply a neutral referee in the fight over whether Arab parties can run. Its independence and authority are themselves at the center of Israel’s political struggle.
When the court restored Arab parties to the ballot, and liberals breathed a sigh of relief, the right went to work. It is telling its base that the Court, by simply upholding the most basic tenet of a democratic system — that parties be allowed to run regardless of their political positions — is in bed with the enemy: Arabs. In other words, it weaponizes the court ruling as proof of what it has been saying all along: that this is not the court of the Israeli people, it is the Arab’s court, the left’s court, and it must be brought to heel.
This is the double bind the Israeli Supreme Court has existed in for years. It is more hostage than guardrail. I have spent my career in Israeli civil society, and now lead an organization that funds a good deal of it, which is a long way of saying I have watched this cycle from close enough to know that the relief is a trap.
The court recognizes the part it plays in this game of political football, and it is caving to pressures and changing its own internal approach. The discussions it held last week were not limited to the Elections Committee’s decision to disqualify all the Arab parties. It went further. The court recommended Sami Abu Shehadeh of the Balad party withdraw his candidacy so that it would not have to disqualify him. Yes, Sami wrote an appalling article on Oct. 8 — one that I find deeply repugnant. But for many years, the court held that disqualification required extensive and consistent evidence of support for terrorism or opposition to democracy. On that basis, it allowed both Jewish and Arab candidates to run, even when they had written or said things that were unpopular, racist, or dangerous. And when it came to Abu Shehadeh, there was no solid evidence of a sustained pattern showing that he supported violence or opposed democratic principles. The court did not want to depart from its own precedent, but it could not withstand the pressure of public sentiment, so it asked Sami not to run. He withdrew.
It is clear to me that if Sami were Jewish, he would never have been disqualified. Jewish politicians have said things just as horrifying as he has, and they are consistently allowed to run. People fighting for Israeli democracy — both here in the U.S. and in Israel — can’t go to the mat for Israel’s democratic institutions without dealing with the essence of what democracy is.
In a democracy, the majority does not extend equality to the minority as a kindness. And for members of the minority, democracy is a bargain: You choose to live with the outcome because you had a real chance to shape it — by voting for politicians who represent your interests. With these bans, Israel asks two million citizens of the country to hold up their end of this bargain — to pay taxes and vote— while informing them every few years that the state’s end of the bargain is actually negotiable. That equality is not assured. That their parties could be barred from running.
Democracy is only more than a word if every citizen has both the right to vote and the right to govern. Israel simply is not a democracy if it fails to offer Palestinian citizens full participation. Period. Israel’s Palestinian citizens are not a test Israeli democracy has to pass, where the Supreme Court is a cheat code. Israel’s Palestinian citizens and their rights are what Israeli democracy ought to be made of.
Yes, it is a relief to know that Israel’s Supreme Court restored the Arab parties to the ballot, but we ought to notice what we are relieved about: that judges had to stop Israel’s elected representatives from cutting out a fifth of the electorate just five weeks before a general election. A democracy that has to be rescued from its own politicians on a regular basis is not a healthy one.
The post As voting nears, Israeli democracy is not healthy appeared first on The Forward.
Uncategorized
‘Remember 7.10.23’: In Israel, Hostage Square bears few remnants of a national crisis – but trauma lingers
(JTA) — TEL AVIV – In the days following the Oct. 7, 2023, Hamas attacks, the families of the hostages held in Gaza turned the plaza next to the Tel Aviv Museum of Art into what became known as Hostage Square.
Filled with “Bring Them Home” signs and hostage posters, yellow ribbons and yellow balloons, the square hosted demonstrations and press conferences.
It was here that the families created a replica of a Hamas tunnel and established the Empty Shabbat Table, a haunting art installation to remind visitors – and especially the Israeli government – that their loved ones still languished in Gaza. And it was here, two years later, that the families and thousands of other Israelis gathered to watch the last of the living hostages return to Israel.
Three years after the attack on Simchat Torah, there are few remnants of the hostage families’ encampment: the tunnel replica, a few yellow ribbons and a sign bearing the words “Remember 7.10.23.” During the days leading up to the third anniversary, some paid respects to the few hostage families who set up a sukkah on the square, but the plaza was nearly empty.
By all outward appearances, Israelis have moved on.
Yet beneath the surface, many are still grappling with the trauma of Oct. 7 and the multifront war the attack triggered.
In a Channel 12 TV poll in June, 74% of respondents said they fear that terrorists will carry out another large-scale attack, and 66% said they want the Oct. 7 attack to be investigated by a state commission of inquiry.
Last month, in an Israel Democracy Institute survey, 68% of Jewish Israelis and 32% of Arab Israelis said the Oct. 7 attack is a “central factor” in deciding which party to vote for, behind security and the high cost of living.
In the café at the edge of Hostage Square, Isaac Badra, a 33-year-old realtor, recalled how he and his wife opened their home to their upstairs neighbors because the Badras live on the “safer” ground floor and their Tel Aviv building has no bomb shelter. The trauma persists, he said.
He vividly remembered the air-raid sirens, reserve soldiers rushing to base on Simchat Torah and the frantic phone calls with his wife’s family near the Gaza border as Hamas attacked Sderot, where they live.
“My wife’s mother said she saw terrorists in the street, but I couldn’t grasp what she was saying,” he recalled. When he turned on the TV, he realized the scale of the attack. “I locked all of our doors and our windows and prayed.”
Three years later, Badra said, “When I hear noises outside, I jump. When Arab construction workers shout out to each other, I jump. And now I doubt whether my friends abroad really have our back.”
Roni Shoval, a defense industry worker from northern Israel not far from the Lebanon border, said the trauma of the past three years “is still inside me.” He called the attacks “a modern Holocaust for Israel.”
Even three years later, “I’m not ready to visit Nova,” he said, referring to the memorial at the site of the music festival where Hamas murdered 378 people and abducted dozens more. “Look, I’m getting goosebumps now just talking about it.”
Shoval, 54, is still doing IDF reserve duty, years beyond the maximum age because the IDF needs his expertise. He doesn’t want the same for his children.
“My son will be drafted soon,” he said. “Back in the day, I served in Gaza and Lebanon. I don’t want him sent to Gaza and Lebanon.”
At a nearby table, 24-year-old Yael Meyer sat with classmates from Tel Aviv University. The attack the previous day aboard a flydubai flight bound for Tel Aviv, they said, only reinforced the trauma of Oct. 7 and the war that followed.
“I’m always aware that there could be another terror attack. But I always had the sense that the security services would protect us.” Since Oct. 7, that trust in the government is gone, she said.
Her friend Talia Zecler, also 24, said she felt “helpless” after the attack. “I was angry at my country. Entire families were killed or kidnapped,” she added. “It feels like we’re living in an endless war.”
Her heart races when the sound of a passing motorcycle resembles an air-raid siren. But at the same time, she still marvels at the bravery and solidarity of ordinary Israelis in the months after the attack.
“People became more connected after Oct. 7. They volunteered everywhere, including at Hostage Square,” she said. “There was a sense of unity, that we’re in this together, and we saw it on the flydubai flight.
“This is the Israeli spirit.”
Sitting in the café with her parents, S., a 19-year-old IDF soldier, said the trauma she experienced on Oct. 7 at her home in Jerusalem “is minuscule” compared to the experience of those whose families were directly harmed by the attacks on the Gaza border and, later, attacks by Hezbollah, Iran and the Houthis.
“Sure, when I hear a plane flying in the sky, I think, will there be another war with Iran? I immediately go there,” said S., whose name could not be published due to military protocol.
But as the country prepares to vote for the next government on Oct. 27, she plans to channel her hopes and dreams in the voting booth.
“The most important things for me right now are to have a national investigation of what happened on Oct. 7 and to repair our relations not only with our immediate neighbors but everywhere. We don’t live in a vacuum,” she said.
The post ‘Remember 7.10.23’: In Israel, Hostage Square bears few remnants of a national crisis – but trauma lingers appeared first on The Forward.
Uncategorized
Antisemitic flyers turn up in Ontario neighborhood where a man charged at a synagogue two weeks ago
(JTA) — Police in the Ontario town where a gunman charged the Sons of Jacob synagogue on Yom Kippur are investigating antisemitic flyers distributed around the synagogue’s neighborhood..
In an Oct. 1 press release, Belleville, Ontario, police encouraged those with tips or video evidence to contact police.
“We recognize that incidents such as this can cause concern within our community,” the police said. “Hate has no place in Belleville, and the Belleville Police Service remains in contact with community leaders and are taking proactive steps to support the safety and well-being of residents.”
Police have not identified the distributor of the flyers, and no arrests have been made.
The Canadian Jewish News published photos of the flyers, which included antisemitic conspiracy theories, such as “every single aspect of the Covid agenda is Jewish” and “every single aspect of abortion is Jewish.”
Coming so soon after the attack, the flyers rattled Sons of Jacob congregant Sari Watson, 40. “It’s so incredibly concerning to see this sort of antisemitic rhetoric surface, less than two weeks after the shooting,” said Watson, who skipped attending services the night of the shooting because she was wary of the increase in antisemitic violence in Canada. “This is a sign that this sort of hatred has infiltrated the public consciousness here.”
Belleville police chief Murray Rodd has confirmed the Sept. 20 attack was deliberate.
“This was an exclusive threat to our Jewish community,” he said soon after the attack. “There is no indication there was a threat to any other population or segment of our community, and it was a hate-motivated crime.”
According to police and Ontario’s Special Investigations Unit, the shooter, identified as 29-year-old Sean Ward of nearby Quinte West, Ontario, opened fire on Const. Jeff Smith, who was stationed outside the synagogue as security. Smith, who was seriously wounded, returned fire, and another officer who arrived at the scene also fired at Ward. Ward later died of his injuries. Smith remains hospitalized.
A GoFundMe site dedicated to Smith’s recovery has raised nearly $1 million on behalf of the Canadian Jewish community.
This article originally appeared on JTA.org.
The post Antisemitic flyers turn up in Ontario neighborhood where a man charged at a synagogue two weeks ago appeared first on The Forward.
