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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.
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.
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Memoir of child of Holocaust survivors takes riveting twists
Book Review by Julie Kirsh (former Sun Media News Research Director)
Exclusive to The Jewish Post
“We used to Dream of Freedom, A Memoir of Family, the Holocaust, and the Stories We Don’t Tell”
By Sam Chaiton (Dundurn Press) 2024
Sam Chaiton’s memoir of growing up with Holocaust survivor parents in downtown Toronto in the 1950s is a compelling read.
Jeanne Beker, a well known Toronto fashion writer, mentions in her praise for “We used to Dream of Freedom” that her survivor parents talked incessantly about their war experiences.
My own parents, both survivors, would drop tidbits of their stories now and again. I learned to be watchful and vigilant for these rare moments of revelation. However, questioning my parents about the Holocaust, would cause them pain. I knew when to stand down.
In his memoir, Sam Chaiton tells the reader that his parents chose to remain completely silent about their wartime experiences. Poignantly their son was left with a silence that he interpreted as huge empty sound. Although the son could understand some Yiddish, his parents turned to Polish in order to keep the “kinder safe”. Outright denial of illness and death was part of his parents’ way of coping.
Born in the 1950s on Palmerston Boulevard in downtown Toronto, Chaiton paints a vivid picture of his youth as the middle son of five boys. He describes the mayhem of a household of barked orders and punishment by his father’s belt. His mother, as with many other survivors, was obsessed with eating and food. Chaiton learned early that rejecting his controlling mother’s food was one of his few weapons. “It’s hard not to do what a Holocaust survivor wants you to”, he says. Chaiton had to stare down two parents both with tattoos.
Dance proved to be a saving grace for Chaiton. On the dance floor, with a partner, the gates of happiness and permission to be oneself, opened. The Toronto Dance Theatre in Yorkville was a salvation and home for Chaiton. Also important to Chaiton was a family – not his troubled blood family but a chosen one – a commune.
In 1973, after a sojourn in New York, Chaiton decided that he was not a performance dancer. Back in Toronto as he pointedly danced with his mother at his brother’s wedding, she told him that he was her favourite child, imposing “the psychological damage that parental favouritism caused”.
Living in a commune with a chosen family afforded Chaiton the freedom to dig deep into his psyche, face his traumatic upbringing and tear down the rigid rules of society and the biological family. At a certain point, for reasons he explains in the book, Chaiton made the decision to vanish from the lives of his parents and brothers.
In 1980 the commune took up the cause of the injustice and illegal jailing of Rubin “Hurricane” Carter. Carter had been exonerated, released from prison and then reconvicted and sent back to prison.
In hindsight Chaiton wonders if his disengagement from his family caused them the same wounds and feelings of emptiness that Carter had to face when he was reincarcerated.
In 1985 while sitting in a New Jersey prison yard with friends and Carter, Chaiton had the riveting vision that he was in a concentration camp, “on a mission to liberate (his) parents – the dream of every Holocaust survivor’s child.”
In the summer of 1985, Chaiton received the news from Toronto that his parents were involved in a fatal car accident. Only after his mother’s death, was Chaiton able to acknowledge that in spite of her smothering, she gave him a sense of self worth and strength.
In 1988 Chaiton co-wrote the story of freeing Carter. One of his brothers saw him on a news broadcast, contacted him and the 20-year silence between Chaiton and his blood family was over.
Riding on the coattails of the successful release of Carter, Chaiton and some friends established an organization that continues to exist today. Innocence Canada has helped wrongfully convicted people like Guy Paul Morin, David Milgaard and Steven Truscott.
In chapter 16, entitled Wierzbnik, Chaiton finally learns about his father’s testimony published in a book, “Remembering Survival”, by a university professor. Reading about his father’s history helped Chaiton to understand the damage done to survivors, his parents’ trauma and why the home that they created for their sons after the war was so fraught.
Chaiton remarks on the interconnectedness of learning about the sufferings of his parents, his own personal struggles and the gift his father left him of being able to tell his own story.
Sam Chaiton’s profound memoir took courage and brutal honesty to write.
His book teaches that the legacy left by Holocaust survivors, along with a deep sadness, is the innate need of the children to persevere and find their own path of survival and growth.
Obituaries
CAROL SLATER (née GENSER)
With great courage on Wednesday, November 6, 2024, surrounded by her family.
Treasured daughter of the late Esther and the late Percy. Beloved wife of Ron for 69 years. Loving mother and mother-in-law of Charles and Dina Slater, Erin and Joe Battat, Adam and Kit, Claudia and the late David. Cherished grandmother of Zach, Robert and Hydi, Ben and Martha, Liam and Addison, Thom and Emeline, Max, Ilai, Emanuelle and Eli. Proud great-grandmother of Rafael, Lily, Maya, and Jojo. Special sister and sister-in-law of David and Joan Genser, Roberta and Mayer Lawee; and sister-in-law of Joel and Sheila Slater. Greatly missed by her nieces, nephews, family, friends and by all who knew her.
The family would like to thank Drs. Shamy, Lipes, Chang, the doctors, nurses and staff at the Jewish General Hospital Palliative Care Unit as well as DeyDey, Linette and everyone who took such wonderful care of our Mom.
Funeral service from Paperman & Sons, 3888 Jean Talon St. W., on Sunday, November 10 at 9:30 a.m. Livestream available. Burial in Israel.
Donations in her memory may be made to the “Carol and Ron Scholarship” c/o Mothers Matter Canada 1-604-676-8250
Publish Date: Nov 9, 2024
CAROL SLATER
(née GENSER)
With great courage on Wednesday, November 6, 2024, surrounded by her family.
Treasured daughter of the late Esther and the late Percy. Beloved wife of Ron for 69 years. Loving mother and mother-in-law of Charles and Dina Slater, Erin and Joe Battat, Adam and Kitt, Claudia and the late David. Cherished grandmother of Zach, Robert and Hydi, Ben and Martha, Liam and Addison. Proud great-grandmother of Rafael, Lily, Maya, and Jojo. Special sister and sister-in-law of David and Joan Genser, Roberta and Mayer Lawee; and sister-in-law of Joel and Sheila Slater. Greatly missed by her nieces, nephews, family, friends and by all who knew her.
The family would like to thank Drs. Shamy, Lipes, Chang, the doctors, nurses and staff at the Jewish General Hospital Palliative Care Unit as well as DeyDey, Linette and everyone who took such wonderful care of our Mom.
Funeral service from Paperman & Sons, 3888 Jean Talon St. W., on Sunday, November 10 at 9:30 a.m. Live stream available. Burial in Israel.
Donations in her memory may be made to the “Carol and Ron Scholarship” c/o Mothers Matter Canada 1-604-676-8250
Features
How to Implement a Successful Casino Marketing Strategy
Your casino stands out in your market and attracts interest. But does your audience know that? With effective marketing, you can transform your casino from an average competitor into a top industry player. We will show you proven strategies to boost your business now and in the future. And when you have proven strategies like insights from a High Roller online casinos review in Canada, the possibilities are endless.
1. Improve Visibility
With stiff competition among casinos, being easily found online is crucial. Discoverability measures how simple it is for people to find your casino.
Put yourself in the shoes of one of your guests looking for a casino. How easy is it to find yours? Try searching on different engines, checking reviews on travel sites, and looking for your casino on social media. See how often your casino appears and how well it ranks. Use tools like Moz and SEMrush to get a clear picture of your current visibility.
To increase your casino’s online visibility, there are a number of strategies you can try. First, try to create distinct landing pages for each key amenity at your casino. Incorporate relevant keywords, high-quality images, and engaging headlines.
You can also use search engine ads carefully. Follow Google’s guidelines by targeting approved countries. These include responsible gambling information on your landing pages and avoiding targeting minors. Check local regulations and test ads with relevant keywords.
Don’t forget to set up social media profiles on platforms your audience frequents. Engage in discussions about gaming, your casino, local news, and community events.
Optimize your content with keywords about your amenities, location, unique features, and events. Highlight what sets you apart so visitors can easily find you.
Use beacons or proximity marketing to attract nearby guests, especially when competing with other casinos. This helps target customers in the real world, not just online.
Form partnerships with local businesses, entertainers, event suppliers, and food vendors to boost your visibility and word of mouth.
2. Focus on Events and Group Business
Your casino offers more than gaming. You might have a luxury hotel, advanced technology, event spaces, a spa, and great restaurants. So, think about the whole picture in your marketing.
Casinos are great for big events like weddings, conferences, and reunions. Make sure your marketing targets these opportunities to attract them.
3. Identify the Jobs to Be Done
Marketers used to rely mainly on demographics, like age, income, and education, to predict behavior. Understanding audience behavior based on demographics is useful. For example, Anderson Digital notes that Boomers and Gen Xers spend 80% of their casino money on gaming and 20% on food and entertainment. In contrast, Millennials spend 30% on gaming and 70% on food, entertainment, and other services. To attract Millennial and Gen Z customers, focus on better entertainment, food options, online game components, and mobile marketing.
However, demographics alone don’t tell the whole story. For instance, knowing a group of women outside your casino are in their late 20s, college-educated, and have high-paying jobs is helpful. But, it doesn’t reveal their reasons for being there.
These women might be on a business trip with some free time, in town for a family reunion, or celebrating a bachelorette party. With just their demographic info, it’s hard to know their motivations, challenges, or needs.
This framework helps marketers understand why customers choose their products or services. Women at a casino for a bachelorette party are looking for a fun atmosphere with entertainment, food, and drinks. But if they’re there for work, they need a stress-free environment with good Wi-Fi, charging stations, and quiet spaces for meetings.
Understand what your audience wants and how they see your role. This helps you tailor your messaging, marketing, and offerings.
4. Create Positive Feedback Loops
Casinos attract customers with fun experiences like gaming, dining, and entertainment. By enhancing these positive feelings, you can boost your casino’s marketing success and encourage repeat visits.
Feedback loops happen when the result of an action is used to influence the action itself. For example, if a child makes a parent laugh, they’re likely to repeat the funny behavior to get more laughter.
Positive feedback loops make it more likely that the action will be repeated. Negative feedback loops make it less likely. You likely use positive feedback loops in your casino already. Guests who win are happy and want to play again. Those who have a bad experience are less likely to return.
You can enhance marketing by using feedback loops. After a positive experience, like winning or a great meal, encourage guests to refer others or leave reviews. If a guest uses a discount, offer another deal immediately. If your casino has a hotel, send emails encouraging future bookings right after positive experiences, like upgrades or enjoyable events.
Reply to positive feedback and reviews with invitations for future experiences. Make sure to also reward loyal customers with special offers and exclusive perks. Don’t forget to address negative feedback by turning it into a positive experience.
5. Use Social Proof
People usually trust each other more than they trust your brand. They’re more likely to listen to recommendations from friends or online reviews than your own claims.
To build trust, you need endorsements from others. Social proof means people tend to follow the actions of those they admire.
Show positive reviews on your website and social media. Record video testimonials from satisfied guests and winners. Encourage guests to share their experiences online and tag your casino. Keep an eye on reviews and respond to feedback. Set up a photo booth in the casino for guests to take winning photos. Display pictures and videos of recent winners on screens around the casino. Think about your audience’s motivations and where they get their information to find creative ways to use social proof.
6. Keep Up With Gaming Trends
Casinos are changing quickly. Online gaming, e-sports, and new tech like virtual and augmented reality are key. To stay competitive, casinos need to understand and use these trends.
As you create your casino marketing strategy, consider these key trends. E-sports are growing fast, so partnering with teams can help you reach new audiences. Virtual and AR are changing how guests experience gaming, making it more engaging from anywhere. Online casinos are becoming more popular with relaxed regulations. So, keep up with industry changes to stay competitive. Finally, as gaming tastes shift, staying updated on new trends will keep you ahead.
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