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Defense acknowledges Bowers' guilt in synagogue shooting trial; Rabbi Jeffrey Myers testifies

A courtroom sketch with the judge in the middle.
David Klug
/
AP
In this courtroom sketch, Robert Bowers, the suspect in the 2018 synagogue massacre, confers with his legal team on Tuesday, May 30, 2023, in Pittsburgh. Bowers could face the death penalty if convicted of some of the 63 counts he faces in the shootings, which claimed the lives of worshippers from three congregations who were sharing the building, Dor Hadash, New Light and Tree of Life.

First day of trial ends with Tree of Life rabbi crying on the stand, describing his time hiding in a bathroom

5:03 p.m.

Before the end of the day, Rabbi Jeffrey Myers walked through what it was like for him on the day of the shooting. The court played an audio recording of his call to 911, while he hid in a second-floor bathroom, with his hand gripping the doorknob the entire time, in case the shooter ever tried to enter. The lock on the door wasn't working, so Myers said he was planning to fight if he felt any movement to open the door.

At one point during the call, as the shots became louder and closer, Myers said he couldn't talk to the 911 dispatcher anymore. At that point, Myers said, he thought he was going to die. He thought about hanging up and calling his wife but decided that he couldn't leave her with the burden of hearing his last moments. "I thought about the history of my people, how we have been persecuted, hunted and slaughtered for centuries," he told prosecutors. "and how all of them must have felt at the moments before their death."

Myers decided to stay on the line with 911 and began quietly reciting the Jewish prayer asking God to forgive the sins of the people in his congregation who might not have been able to wish for forgiveness in the sanctuary below. "I wasn't angry at my God because it wasn't God who did this, and I was prepared to meet my fate."

The court stopped, while Myers wiped away tears off his face.

The prosecution's questions ended, after showing a prayer book Myers had kept, that appeared to have a bullet hole in it, which Myers had decided not to bury as custom. "It's a witness to the horror of the day," he said. "One day when I am not there, this book tells a story that needs to be told."

That was the last question before court adjourned for the day.


Tree of Life Rabbi Jeffrey Myers walks the jury through Jewish traditions and history

4:09 p.m.

In this courtroom sketch, Rabbi Jeffrey Myers, who leads the Tree of Life Congregation, testifies in the federal trial for Robert Bowers, the suspect in the 2018 synagogue massacre, on Tuesday, May 30, 2023, in Pittsburgh.
David Klug
/
AP
In this courtroom sketch, Rabbi Jeffrey Myers, who leads the Tree of Life Congregation, testifies in the federal trial for Robert Bowers, the suspect in the 2018 synagogue massacre, on Tuesday, May 30, 2023, in Pittsburgh.

The prosecution called Tree of Life Rabbi Jeffrey Myers and spent more than 90 minutes walking the jury through the faces of the victims and intricately walking through the layout and history of the Tree of Life synagogue building itself.

Myers also gave the jury an expansive tour of the relevant history, including the founding of the Jewish religion 4,000 years ago, the start in the mid-1800s of the moderate Conservative denomination that he is a member of, and then the founding of Tree of Life Congregation itself in 1864. The rabbi gave explanations of various Jewish prayers, the difference between Hebrew and Yiddish and even how long it takes to handwrite a Torah — a full year.

The Tree of Life synagogue had on display a Torah that was rescued from a town that was destroyed by the Germans in World War II, Myers said, and none of the town’s inhabitants survived. But the Torah was kept by the Nazis. Normally, Myers said, Jewish tradition requires that damaged Torahs are buried. But this Torah was kept in a protective case, he said, to bear witness to what happened to the Jews during the Holocaust.

And in the late 1990s Judah Samet, a Tree of Life member and a holocaust survivor, flew to England and purchased two return plane tickets to bring the Torah back where it was put on display, including during the shooting in 2018. Samet — who passed away last year — was outside but never entered the synagogue on the day of the shooting.


Prosecution calls 911 dispatcher as first witness

12:51 p.m.

The prosecution called the first witness, Shannon Basa-Sabol, a dispatcher on the day of the shooting, and then played a 911 call made by Bernice Simon to the dispatcher on the morning of the shooting.

“Tree of Life,” Simon told Basa-Sabol right away. “We’re being attacked.”

Simon said her husband had been shot and wasn’t responding. The dispatcher told her supervisor that she could hear the shots being fired.

“Please hurry,” Simon said. “Please, please, please.”

Simon was shot during the call. The dispatcher stayed on the call until law enforcement arrived trying to get Simon to press a button on her phone to see if she was still alive.

Both Simon and her husband, Sylvan, who had been married at the same synagogue more than 50 years before, died on the floor.


Defense attorney doesn’t dispute Bowers’ guilt, but will challenge whether he was rational

11:56 a.m.

Judy Clarke, the lead attorney for defense, gave her opening statement Tuesday morning, referencing the specific language of how a hate crime is defined in federal law on a screen.

"11 lives were taken. Others were wounded. Still others torn and shattered. And forever and abruptly changed," Clarke said. "Parents, grandparents, brothers and sisters, friends, taken. Loved by people in this community, very well loved by this community, they are gone. The loss that occurred is immeasurable. This senseless act and the loss and devastation were caused by Robert Bowers. There is no disagreement."

Clarke said the defense will not dispute any of the facts of the case. "Let me be clear on October 27, 2018, Robert Bowers, the man seated at that table, loaded with ammunition and firearms, entered the Tree of Life synagogue, he had his AR-15 Colt rifle, he had three glock pistols on him and several magazines of ammunition and he shot every person he saw," she said.

She continued. "So you may be looking at me right now and saying why are we here? What is this all about?"

Clarke indicated the defense lawyers will challenge whether or not Bowers was rational when he made the decision and whether he was animated by hatred of the Jewish people when he decided to enter the Tree of Life Synagogue. She read some of the very statements that the prosecutors say Bowers said right after he was arrested — but Clarke drew a different conclusion.

Bowers’ internet postings, Clarke said, show he was focused on trying to stop a refugee group, HIAS, that Bowers thought was terrorizing children and was killing people. The reason Bowers chose the Tree of Life synagogue, wasn't because they were Jewish, per se, but because the Dor Hadash congregation was listed as a group that helped HIAS with refugee resettlement.

"Prosecution said Bowers had a deep and abiding prejudice and hated Jews, end of story. We know there is more than that. His statements tell us that," Clarke said.

Clarke also painted a portrait of Bowers’ life. He was born in Pittsburgh, the grandson of a steelworker, who later helped care for his family members. He was a quiet man who had a job delivering for Potomac Bakery and at times worked as a long-haul truck driver. Clarke said that he hadn't lived on his own since he was 44 years old, two years before the shooting took place.

She also said that he was a computer expert who spent too much time on the internet reading hateful messages, like the ones he on Gab.com that he liked, shared and posted himself at times. "In the months leading up to October 27, he spent a great deal of time alone on the internet, absorbing all kinds of vile extremist content," Clarke said.

Bowers had no criminal history and never previously pointed a gun at anyone, despite being a gun enthusiast, Clarke said. Bowers' family worried more that he would commit suicide than that he would commit a heinous act of violence. "So how did this man with no prior convictions, no prior arrest, come to the point of gathering up all his firearms and firepower and going into the Tree of Life Synagogue on that date and kill 11 well respected and well loved members of his community?" Clarke said. "You won't get a full picture of Mr. Bowers background in this phase of the case."

Instead, Clarke said, the defense will have few if any questions for witnesses who are called during the first phase of the trial. "There are going to be questions we can't answer now and may never provide a rational answer to," she said. "But in this courtroom we can at least do our best to uphold the rule of law, evidence, facts, what were Mr. Bowers’ motive and intent, and apply those facts to the law — that is all we really ask of you."

The court began hearing from its first witness just after 11 a.m., a dispatcher who spoke with a victim on the day of the shooting.


Guilt phase of synagogue shooting trial begins with prosecution's opening statement

10:59 a.m.

Lead prosecutor Soo Song spent about half an hour on her opening statements, guiding the jury through the early morning at the Tree of Life synagogue building and describing the individual victims. Song then detailed the moment when she said Robert Bowers entered and began, in her words, "hunting" down Jews, killing them in the middle of their house worship, tracking them into the basement, shooting them sometimes at such close range that the guns left a burn mark on the victim's skin.

The people who showed up on October 27, 2018, according to Song, were the most devout of Jewish worshipers and, she said, Bowers had left a long trail of hateful speech to his more than 300 followers on the Internet. And right before he went into the building, he posted again on his phone, "I'm going in."

After methodically describing the victims’ fear as they hid, detailing the pieces of flesh and hair that was splattered across the walls, she described how Bowers retreated back into the synagogue after exchanging gunfire with Pittsburgh Police officers outside. He then continued to shoot victims inside and then "ambushed" police officers in a classroom, firing an AR-15 and Glock 357, striking one officer multiple times and hitting a second in the arm. Then — after another exchange of gun fire — Bowers said he was hit and wanted to give himself up and wanted the officers to come get him. But the officers insisted that he crawl out with his hands up, where he was then asked who he was and why he did what he did.

"All Jews need to die. The Jews are killing our kids," Song said Bowers told the officers. "The Jews are children of Satan." The police officers who responded, she said, prevented Bowers from continuing on to terrorize the rest of the Jewish community in Squirrel Hill.

After describing the scene, Song then highlighted the many acts of heroism from survivors. There were people who called 911 and stayed on the phone, even as the shooting continued. There were leaders who helped people escape through back doors or find closets to hide in. There was the daughter who urged her mother to stay quiet, under the pews, so that they might avoid the shooter returning to shoot them again.

"You will hear testimony from these survivors — the terror, confusion and pain and also about their fight to stay alive, grace under pressure, survival instincts," Song said. But she added that two of the elderly survivors, including one who was about to enter the building before the shooting began, have died while waiting for the trial to begin, and one of those was a Holocaust survivor.

Song finished her opening statement by listing each of the victim's names.


Judge will allow photos of the crime scene despite defense objections

9:26 a.m.


With jury selection complete, trial moves to guilt phase

9:19 a.m.

Prosecutors and defense attorneys will have a chance to begin their opening arguments in a trial that is expected to last two months.

The court began looking for potential jurors in March, sending out and receiving back more than 1,100 questionnaires. The court then interviewed more than 200 people in-person, before whittling down the jury pool to 12 jurors and six alternates last week. Those 18 jurors will be given extensive instructions about their role as the trial gets underway this morning.

If Robert Bowers is found guilty, those jury members will have to decide whether or not he deserves the death penalty.

Editor's note: This post contains consolidated reporting from the first day of coverage on our live blog.

Oliver Morrison is a general assignment reporter at WESA. He previously covered education, environment and health for PublicSource in Pittsburgh and, before that, breaking news and weekend features for the Wichita Eagle in Kansas.