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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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At Berlin screening, former Israeli hostages see film about their captivity rewritten after redemption
(JTA) — BERLIN — They stood outside Berlin’s Babylon theater, bundled against the cold, laughing and dragging on cigarettes: the Cunio twins David and Eitan, and their younger brother Ariel.
David and Ariel were among the last Israeli hostages released in October from Hamas captivity, after 738 days. Their presence in Berlin — for a screening of a film about them, now recut with a redemptive ending — felt almost like an apparition. On the other side of two heavy glass doors were hundreds of theatergoers, people who had long waited for this moment.
The brothers and their extended family were in Berlin for a second premiere of Tom Shoval’s film “Letter to David.” The original film, shown in 2025 at the Berlin International Film Festival, or Berlinale, dove deep into the struggles of a family whose members had been abducted from Kibbutz Nir Oz on Oct. 7, 2023. By then, six kidnapped members of the family, including three children, had been freed. But David and Ariel remained in captivity.
“Last year I was standing before the screening with a poster of David and Ariel. I was determined, every time I showed the film, to say that it’s an unfinished film,” Shoval told the sold-out audience at the theater in former East Berlin.
“And now I’m standing here. I have David in the audience, and I have Ariel in the audience,” he continued. “This is a precious, precious moment.”
The film “is a testament to love, hope and all the people who did not give up during the two years I was in captivity,” David Cunio said in Hebrew, standing on the stage with his extended family. “You gave me a voice when I could not be present. You were there for me.”
The film’s second showing came as tensions over the war in Gaza and Germany’s support for Israel roiled the Berlinale. After the jury’s president, director Wim Wenders, brushed off a journalist’s exhortation for the festival to take a stand against Israel, the Indian author Arundhati Roy announced she would not attend, and some 80 filmmakers and stars signed an open letter of protest.
Festival director Tricia Tuttle issued a statement saying that “artists should not be expected to comment on all broader debates about a festival’s previous or current practices over which they have no control. Nor should they be expected to speak on every political issue raised to them unless they want to.”
Journalists and filmmakers continued to raise the issue, even on the festival’s final weekend, when some award winners — including the Syrian-Palestinian director Abdullah Al-Khatib, who won best debut film — swatted back at the festival jury, criticizing what they see as Germany’s general support for Israel. Al-Khatib’s allegation that Germany has been “partners in the genocide in Gaza by Israel” prompted a German minister to walk out of the awards ceremony on Sunday.
Friday’s screening of “Letter to David” was by contrast a love fest, and the two police cars out front and uniformed officers circulating inside appeared to have little to do. The audience gave the entire family a standing ovation before the screening.
“I think this is a piece of history,” audience member Nirit Bialer, an Israeli who has lived for years in Berlin, said in an interview. “Just seeing the family, and just following the story about this family on the media, going to the Hostages Square in Israel every time I was there in the last two years: Wow, I’m speechless.”
The film’s original ending showed twins David and Eitan Cunio as actors, grappling with each other in an embrace that is both tender and violent, in a scene from Shoval’s feature film, “Youth,” screened at the Berlinale in 2013.
That ending now segues into a new conclusion, in which the reunited Cunio family embraces. They also view the film together, and Shoval captures their faces as the projector beams from behind.
Shoval said in an interview that he had not changed anything in the first part of the film. “I wanted to leave it as a time capsule, in a way, of how we perceived it back a year ago,” he said.
Though he had been invited to be with the family at their reunion, he chose not to, explaining, “I thought it’s a moment that belongs to them and not to me.”
But he spoke with David soon after he was released. And shortly afterward, he visited Sharon and David Cunio at their home. “I came in the morning and we sat until sunset together and we talked. Even when I’m thinking about it now, I’m getting emotional, because it was really…” He paused. “You’re waiting for a moment for this for so long.”
The Friday screening was not an official part of the Berlinale, but the beleaguered festival director Tuttle made a point of taking the stage herself. The film has been “finished in the way that Tom only hoped and dreamed and believed that he would be able to finish it,” she told the audience.
“We were horrified along with the world and all of you when David Cunio and many members of his family were abducted by Hamas,” she said. And on their release “we rejoiced with everyone as well.”
Saying that the new version was completed too late to be included in the festival schedule, Tuttle thanked two co-production companies that work closely with Israeli artists for backing Friday’s screening: the Israel-based Green Productions and the Berlin-based Future Narrative Fund.
Audience members seemed loath to leave the theater after the screening, lingering over what some described as mix of happiness and worry.
“The fact that David is able to see the movie makes us see the movie in a different way,” commented Konstantin, who had seen the original version last year. A young Jewish actor who lives in Berlin, he asked that his full name not be used, out of concerns about antisemitism. “With the ending, it’s like a full circle, completed.”
Seeing the film again with the Cunio family present “was very uplifting and very happy,” said Berliner Julia Kopp, who also saw the film last year. “But at the same time, it’s not a happy ending … I also have a bit of a heavy heart,” worrying about “how life will go on for them.”
Both brothers have indicated that reentry into everyday life has been challenging after two years of captivity for them and two years of traumatized advocacy by their loved ones. And Ariel Cunio and his partner Arbel Yehud, who was held in captivity until January, have raised nearly $1.8 million since launching a crowdfunding campaign last week aimed at allowing them the time and space to “come back to life.”
A crowdfunding campaign launched on behalf of David and Sharon Cunio their twin daughters, also former hostages, says, “The family not only has to deal with the trauma that follows being held hostage and the events that transpired on October 7th, but also needs to rebuild their entire lives from scratch.”
Shoval said the film — and the screening — offered a vision for what a more settled future might look like.
“For me, the film is about the unification of the brotherhood, and what that means to be torn apart from each other, but also to get back,” Shoval said. “They can sit in the theater and they can see themselves. They can see what they missed, what happened. They can project about the past, about the present. This is a power of cinema, I feel. It felt natural for me to do that: to bring them back.”
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He may have been the world’s most famous mime, but in this play, he won’t shut up
There is a kind of sublime poetry in Marcel Marceau’s first act.
As a young man in occupied France, Marceau (then Mangel) forged identity papers and shepherded dozens of Jewish children across the Alps to Switzerland. In scenarios where staying quiet was essential for survival, Marceau soothed his charges into silence with his own.
In Marcel on the Train, Ethan Slater and Marshall Pailet’s play of Marceau’s pre-Bip life, the world’s most famous mime is anything but silent.
The action of the play, which bounces through time back to Marcel’s father’s butcher shop and forward to a P.O.W. camp in Vietnam (don’t ask), unfolds over the course of a train ride. Slater’s Marceau is chaperoning four 12-year-old orphans, posing as boy scouts going on a hike.
The kids — played by adults — are a rambunctious lot. Marceau tries to put them at ease juggling invisible swords, performing Buster Keaton-esque pratfalls and exhausting his arsenal of Jewish jokes that circle stereotypes of Jewish mothers or, in one case, a certain mercenary business sense.
Pailet and Slater’s script toggles uncomfortably between poignancy and one-liners with a trickle of bathroom humor (the phrase “pee bucket” recurs more often than you would think.)
The terror of Marceau’s most melancholy escortee, Berthe (Tedra Millan) is undercut somewhat by her early, anachronistic-feeling declaration, “Wow, we’re so fucked.” The bumptious Henri (Alex Wyse) would seem to be probing a troubled relationship with Jewishness and passing, but does that discussion a disservice when he mentions how it wouldn’t be the biggest deal if he “sieged a little heil.” Adolphe (Max Gordon Moore) is described as “an exercise in righteousness” in the script’s character breakdown. Sure, let’s go with that.
The presence of a mute child, Etiennette (Maddie Corman), is tropey and obvious. It doesn’t suggest that she inspired him to abandon speaking in his performances, but it doesn’t dismiss that possibility either.
But the chattiness and contrived functions of the fictive children are made more disappointing by the imaginative staging maneuvering around the shtick. Slater, best known for his role in the Wicked films and as Spongebob in the titular Broadway musical, is a gifted physical performer.
When things quiet down, Pailet’s direction, and the spare set by scenic designer Scott Davis, create meadows of butterflies. Chalk allows Marceau to achieve a kind of practical magic when he writes on the fourth wall. One of the greatest tricks up the show’s sleeve is Aaron Serotsky who plays everyone from Marceau’s father and his cousin Georges to that familiar form of Nazi who takes his torturous time in sniffing out Jews.
Surely the play means to contrast silence and sound (sound design is by Jill BC Du Boff), but I couldn’t help but wonder what this might have looked like as a pantomime.
While the story has been told before, perhaps most notably in the 2020 film Resistance with Jesse Eisenberg, Slater and Pailet were right to realize its inherent stage potential. It’s realized to a point, though their approach at times leans into broad comedy that misunderstands the sensibilities of its subject.
Like Slater, who learned of the mime’s story just a few years ago, Marceau was an early acolyte of Keaton and Chaplin. But by most accounts he cut a more controlled figure — that of a budding artist, not a kid workshopping Borscht Belt bits on preteens.
The show ends with a bittersweet montage of Bip capturing butterflies (not jellyfish — you will probably not be reminded of Mr. Squarepants). It means to frame Marceau’s established style as a maturation that nonetheless retains a kind of innocence, stamped by the kids he rescued.
“You’ll live,” Berthe tells him in a moment of uncertainty. “But I don’t think you’ll grow up.”
In Marceau there was, of course, a kind of Peter Pan. But there’s a difference between being childlike and being sophomoric.
Marcel on the Train is playing through March 26 at Classic Stage Company in New York. Tickets and more information can be found here.
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US soldier who protected Jews in POW camp during WWII to be awarded Medal of Honor
(JTA) — An American soldier who is credited with saving the lives of 200 Jewish comrades in a prisoner of war camp in Germany during World War II will receive the U.S. military’s highest decoration, the Medal of Honor.
The award to Roddie Edmonds, who died in 1985, was announced last week. It comes more than a decade after Israel’s Holocaust memorial, Yad Vashem, recognized him as a “Righteous Among the Nations” for his bravery and six years after President Donald Trump recounted his heroism during a Veterans Day parade.
Edmonds, a sergeant from Knoxville, Tennessee, was the highest-ranking soldier among a group taken prisoner during the Battle of the Bulge in January 2045 when the Nazis asked him to identify the Jews in the group. Understanding that anyone he identified would likely be killed, Edmonds made the decision to have all of the soldiers present themselves as Jews.
When a Nazi challenged him, he famously proclaimed: “We are all Jews here!”
The show of solidarity came to light only after Edmonds’ death, when a Jewish man who had been among the soldiers at the camp shared his recollection with the New York Times as part of an unrelated 2008 story about his decision to sell a New York City townhouse to Richard Nixon when Nixon was having trouble buying an apartment following his resignation as president.
When they found the article several years later, it was the first that Edmonds’ family, including his pastor son Christ Edmonds and his granddaughters, had heard about the incident. Soon they were traveling to Washington, D.C., and Israel for ceremonies honoring Edmonds, one of only five Americans to be credited as Righteous Among the Nations, an honor bestowed by Israel on non-Jews who aided Jews during the Holocaust.
As the family campaigned for a Medal of Honor, Edmonds was also the recipient of bipartisan praise from two American presidents.
“I cannot imagine a greater expression of Christianity than to say, I, too, am a Jew,” President Barack Obama said during remarks at the Israeli embassy in Washington, D.C., on International Holocaust Remembrance Day in 2016.
Three years later, President Donald Trump recounted the story at the New York City Veterans Day Parade. “That’s something,” he said. “Master Sergeant Edmonds saved 200 Jewish-Americans — soldiers that day.”
Last week, Trump called Chris Edmonds to invite him to the White House to receive the Medal of Honor on his father’s behalf, Chris Edmonds told local news outlets. The Medal of Honor ceremony is scheduled for March 2.
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