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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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How the Ceuta migration crisis became fodder for anti-Israel conspiracy theorists
The sudden migration of an estimated 50,000 people from Morocco into the Spanish territory of Ceuta last week defied immediate explanation. Why now? Why all at once? Had someone sent them?
To a certain crowd, all the answers could be found some 2,000 miles away, on the other end of the Mediterranean Sea. The reason for all this, they said, was Israel.
There was no evidence for the claim that Israel engineered the incident, during which dozens of migrants died, according to Spanish and Moroccan authorities. The vast majority of the surviving migrants have since been deported back to Morocco.
Bleak work prospects for young Moroccans and crackdowns on government critics, combined with confusion over a change in Spain’s border policy and an apparent loosening of patrols by Moroccan authorities, triggered the exodus to Ceuta last week.
But the claim that Israel was behind it resonated widely on social media, pushed by pro-Palestinian celebrities like Hasan Piker and the actor Javier Bardem, and right-wing provocateurs like Ana Kasparian and Dan Bilzerian.
One widely circulated X post showed a graphic of Israeli Prime Minister Benjamin Netanyahu unleashing a stream of migrants from his mouth into Spain.
Some Spanish political leaders also seemed to run with the claim.
Israel and Spain are bitter political enemies, with Spanish Prime Minister Pedro Sánchez announcing an arms embargo on the country that he said was aimed at “stopping the genocide” in Gaza, and Netanyahu responded by expelling Spain from the Civil-Military Coordination Center, a multinational effort whose purpose is to coordinate stabilization and relief efforts in Gaza.
Israel and Morocco, meanwhile, are allies. Led by King Mohammed VI, Morocco normalized relations with Israel in 2020.
Ceuta and Melilla, another Spanish city on the North African coast, are the only remaining European-held territories on Africa’s mainland. Morocco does not recognize Spanish sovereignty over Ceuta and Melilla and considers them to be occupied territories.
The theory spreading online went that Israel had nudged Morocco to hurt Spain by flooding the country with migrants, presenting a domestic problem for Sánchez’s left-wing government.
“Israel and America got the Moroccan government to send like 40,000 ppl into Spanish administered territory,” Piker said on his stream. “It’s not even on some conspiracy s–t either, like The New York Times is openly covering it as such. It was classic Israel in the way that they did it, in the shameless way that they took ownership over it.”
A few Israeli officials — and many of the country’s supporters — had expressed schadenfreude at Spain’s domestic trouble. Israel’s ambassador to the United Nations, Danny Danon, posted on X on Friday: “Spain, which never misses an opportunity to lecture Israel, has declared a state of emergency in Ceuta following the crisis over its immigration policy. Maybe before it continues lecturing us, it’s time it explained to the world why it still maintains colonial enclaves in Africa.”
But Israel did not take responsibility for the crisis, and the Times had not covered it as such.
Instead, the Times cited a misinterpretation of a recent Spanish Supreme Court ruling as a possible reason for the sudden surge. It noted that Sánchez, the prime minister, had blamed human-trafficking networks for misleading migrants about the ease with which they could remain on Spanish territory.
The Times also highlighted in several articles the economic vulnerability and despair experienced by many Moroccans, which has led to previous border crises in Ceuta.
The Times did note that while Moroccan officials typically make it hard for migrants to get close to Ceuta, several migrants had said in interviews that police officers “waved them through, allowing them to overwhelm Spain’s border fence with relative ease.”
It did not propose an explanation for this, and Israel did not appear in the article.
Yair Netanyahu’s taunt
The most widely cited “smoking gun” came in the form of a 2019 tweet by Yair Netanyahu, the Israeli Prime Minister’s now-35-year-old son.
In the tweet — apparently a rejoinder to the notion that Israel is occupied Arab land — Netanyahu shared a map highlighting Spanish colonial territories in Africa, including Ceuta. He wrote, “Dear Arabs and Muslims. Want to free occupied Arab Islamic lands? Here’s a good start!”
Yair Netanyahu is a podcaster without an official role in the Israeli government.
The post Bardem shared with his 1.5 million followers, originally posted on Instagram by writer Miranda Vidak, cited the tweet even as it seemingly acknowledged the lack of stronger evidence.
“We don’t know who engineered this crisis, but we know who benefits from a weakened, destabilised Spain: Israel, and the Western far right eager to turn migration into a weapon against Muslims,” the post read.
Members of the activist left and intellectual right also fanned the flames of conspiracy. Sean Davis, the founder of the Federalist, and Kenneth Roth, the former executive director of Human Rights Watch, shared the conjecture online.
Roth said Israel’s long-term goal was for Spain to cede control of Ceuta to Morocco, which would prevent Spain from blocking Israeli ships in the Strait of Gibraltar.
Pundits have also observed that the absence of Morocco’s border patrol could be a reaction to Sánchez’s recent official visit to Algeria, which supports independence for Western Sahara, a territory claimed by Morocco.
While Sánchez, the Spanish prime minister, has not associated the breach with Israel, Spanish Transportation Minister Óscar Puente appeared to suggest that Israel bore some responsibility in response to Danon.
Puente responded to Danon in Spanish: “Well, things are starting to get pretty clear.”
JTA contributed reporting.
The post How the Ceuta migration crisis became fodder for anti-Israel conspiracy theorists appeared first on The Forward.
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Man charged in a Jewish journalist’s death vandalized a Jewish business days before
The unsolved murder of a Jewish man in a public park, a synagogue desecrated with motor oil and feces, a bagel shop splattered with dirt, and the sudden and tragic death of a Jewish journalist.
Those incidents within a few miles of each other in a heavily Jewish neighborhood of Queens have put the Jewish community in that borough on alert since May. Ronnie Perry, who works at Benny’s Brick Oven Kosher Pizza in the neighborhood, said he can’t help but see a pattern.
“You know what the common denominator is, right?” Perry said.
Though investigators have not determined the motives in each case, prosecutors on Monday charged the same man who allegedly caused the death of the journalist with a hate crime for allegedly vandalizing the bagel shop.
“I was beyond horrified,” said Rachel Sales, daughter of the killed journalist, Cara Trager. “The fact that this guy did a hate crime … days before means that he could have been apprehended before my mom was killed.”
Perry, whose pizzeria is just a block from the vandalized bagel shop, told the Forward that the string of troubling incidents have rattled the community, and there’s not a lot visibly Jewish businesses like his can do to bolster security.
Nily Rozic, the Jewish state Assembly member who represents the Queens district where many of those attacks took place, said the incidents are more than just property damage or isolated violence.
“It really makes people feel like they’re being targeted as a community,” she said.
Last week, prosecutors charged Dawood Faisal, 22, with a hate crime for destroying property at Bagels & Co, a bagel shop on the corner of a major thoroughfare in Fresh Meadows that advertises itself as kosher in neon lights and displays Israeli flags. On two separate occasions in May, Faisal allegedly knocked over multiple plant stands outside the shop and, in one instance, hurled dirt at the outside wall of the store.
In May, Faisal was arraigned on charges of manslaughter for the death of Trager, a Queens-based journalist who was also active in her Jewish community. Faisal allegedly sped over 75 mph through two red lights and collided with two cars, propelling one into a crosswalk where it struck Trager and her husband, Michael, who survived.
Prosecutors have not presented any evidence that Trager was specifically targeted by Faisal, and authorities are not investigating the crash as a hate crime, according to a spokesperson for District Attorney Melinda Katz.
But even before the vandalism charge, Michael Trager told the Jewish Telegraphic Agency that he believed that Faisal had been “looking to do damage in a heavily Jewish area.”
Sales told the Forward her mom was passionate about fighting antisemitism, and the two often discussed the uptick in anti-Jewish hate crimes — including the bagel shop’s vandalism days before Cara Trager’s death on May 29.
“This is a tragedy for the entire Jewish community to understand, and beyond the Jewish community, this is a tragedy for New Yorkers, for Americans, to see that hate crimes don’t end at vandalism. People could die,” Sales said. “My mom died.”
Just a week before the car crash, Albert Itzkowitz, a local rabbi and former kosher bakery owner, was shot and killed while visiting Kissena Park in Queens. Police are investigating the incident as a murder but have not identified any suspects.
His family is calling for the killing to be investigated as a hate crime.
“Daddy was visibly Jewish. He was targeted in broad daylight. He was killed in a public park where he should have been safe,” his daughter, Leah Livshitz, said at a press conference in June. “His family deserves answers. The Jewish community deserves answers.”
Then in July, two Orthodox congregations in Queens were desecrated with feces and motor oil. Police are also investigating that vandalism as a hate crime.
Rozic, the first and only Israeli-born New York state Assembly member, said even as investigations are ongoing, she understands the incidents as “interconnected” and has heard from Jewish constituents who feel afraid.
“Context is important,” Rozic said. “When incidents like this are followed by additional violence, it compounds the fear and the trauma of the community.”
Anti-Jewish hate crimes have increased by 8.5% in New York City this year — with 205 reported versus 189 for the same period last year, according to data from the NYPD.
Mayor Zohran Mamdani, who previously represented a Queens district in the statehouse, has noted his administration’s 800% increased investment in the office of hate crime prevention. But in recent weeks, he has faced backlash from some Jewish New Yorkers after he released a video referring to Israeli Prime Minister Benjamin Netanyahu as a “war criminal” and calling on New Yorkers to protest the Israeli leader’s planned visit to the United Nations in September. Mamdani has defended his comments on Netanyahu as “critiques of a political leader, not of people of a specific faith.”
The post Man charged in a Jewish journalist’s death vandalized a Jewish business days before appeared first on The Forward.
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He stumbled upon Leonard Bernstein’s stubble on his way to finding a ‘Lost Mozart’
David Israel needed an electric razor, so he borrowed Leonard Bernstein’s.
It was the early ‘90s and Israel was about to make his first trip overseas as a representative of the Bernstein estate at the London Symphony Orchestra. He knew that European outlets had a different voltage and so he phoned up the maestro’s daughter Jamie to ask if he could use the one at the Dakota, where Israel worked as an editor, preparing the definitive scores for Mass, West Side Story and On the Town after Bernstein’s death in 1990.
“I took a red eye, so I’m there in the morning, and I was going to shave,” Israel told me in a video call from his home in Malibu. “All of Lenny’s gray stubble comes falling out into the sink. And I thought, ‘Well, if I get a piece of Scotch tape, I could save this, and we could clone him at some point.’ And so I did.”
Israel, who has composed music for Paul Taylor and Twyla Tharp, knew he had a story to tell about his picaresque early days in the world of classical music. His second novel, The Lost Mozart is a kunstleroman that borrows quite a bit from life and, like the stubbly attempt to revive Leonard Bernstein, is about an effort to bring genius back to life.
The story follows Noah Wideman, like Israel a graduate of the Hartt School of Music in Hartford, Connecticut, who stumbles on a fragment of an unfinished Mozart string quartet. An unprecedented 627th composition from a life that lasted only 35 years.
Together with a crew of older men — a legendary classical music radio announcer, his partner and their collector friend in possession of the titular sketch — Noah works to finish what Amadeus started.
Noah, a gifted pasticheur, is primed for the task and, due to an early job at ASCAP, where he surreptitiously recorded the music playing at strip clubs that failed to pay their annual licensing fee, his skills as a detective.
Completing the work of one of the greatest musical geniuses is an act of chutzpah, something Israel knows something about. His own lost Mozart moment came shortly after college, when he made a play for the legacy of another great.
He knew Bernstein socially through the dean of the Hartt School, and chose the college in part because he knew the maestro often came to visit. Israel was scheduled to have dinner with him in 1990, but Bernstein died a month earlier. Israel produced a memorial concert and, on March 13, 1991, was at a party where he ran into Bernstein’s former assistant, who ran the publishing arm of his estate.
“We were just chit-chatting in the kitchen after this concert at this party, and he said, ‘What are you going to do when you graduate?’” Israel recalled. “And I said, ‘ I’m going to work for you,’ and that’s how the job came to be.”
Israel immersed himself in Bernstein’s scores and correspondence, in much the same way Noah dives into the Mozart archive. Bernstein was an idol, but Israel reveres Mozart, and picked him as a subject over Bach or Beethoven in part because of how prolific he was.
“The reason why I felt like this was good material for a novel is because by 2023, which is when I was writing the book, it seemed like the only way you could experience new Mozart was through fiction,” Israel said.
Not anymore. In June, just a couple of months before Israel’s pub date, a curator at France’s National Library found a notebook with sketches from the 22-year-old Mozart, who was in Paris to audition as a court musician at Versailles.
There’s more to the story, Israel said, including Wolfgang’s oft-overlooked older sister Maria Anna, a composer and musician in her own right who got top billing in the siblings’ early tours through the courts of Europe.
The sequel, Israel tells me, will feature her as another “lost Mozart,” and draw from Israel’s own time working on Bernstein’s archive, including his impromptu jam session with Yo-Yo Ma.
“It’s one of the funniest scenes in the first few chapters,” Israel promises. He can’t yet say more about what happens at the Dakota. Readers will have to discover those lost movements for themselves.
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