Earlier this month, Robert Bowers was found guilty on 63 federal counts in the Tree of Life shooting in Squirrel Hill on October 27, 2018. The next phase of the trial, now underway, will determine if he will face the death penalty.
U.S. Attorney for the Western District, Troy Rivetti’s opening statements focused on Robert Bowers’ intent to kill Jewish people and described how each individual victim was shot.
“He came to kill, he was filled with hate,” Rivetti said. The prosecution needs to prove intent and at least one statutory aggravated factor.
He says the evidence already provided in the guilt phase showed that.
Three criteria need to be met for the death penalty to be considered.
1. Defendant is over 18 (He is.)
2. He did it with intent
3. Meet least one aggravating factor, like if the victims were vulnerable.
The prosecution says Bowers preplanned the attack, drove a half hour to the Tree of Life synagogue, and, when asked by police why he enacted the attack, he said, “All Jews need to die.”
The prosecution presented family members of the victims and SWAT Officer Jeffery Garris who testified about his response to Tree of Life and efforts to save a fellow officer who was shot in the head.
That officer, Timothy Matson, recovered and returned to duty two years later, in October 2020.
The family members talked about their loved one’s mental and physical limitations due to either developmental issues or issues that develop with age.
The defense disputing is Bower’s mental capacity, saying evidences shows he suffers from schizophrenia, epilepsy and is prone to psychotic episodes.
Various experts will testify about Bowers and his brain development and mental health issues.
Defense Attorney Michal Burt says a neurological examination, MRI, PET and EEG scan show Bowers’ brain show abnormalities.
Burt says the PET scan shows parts of Bowers’ brain that are consistent with schizophrenia.
Another shows his brain is “structurally deficient”, is prone to a psychotic condition that can lead to “episodes,” and has a type of epilepsy that prevented his brain from developing.
Burt also is asking jurors to look at the whole picture and asked themselves if “the level of intent (is) sufficient” enough to consider the death penalty.
The defense also pointed out that Bowers’ guilt or innocence is not being discussed in this phase, they recognize he was found guilty on federal counts.
The trial could continue for five more weeks.