Last week, Robert Bowers was convicted and found guilty of all 63 federal charges he was facing for the attack at the Tree of Life synagogue on October 27, 2018 when he killed 11 worshippers from three different congregations, Tree of Life, Dor Hadash, and New Light. It was the deadliest antisemitic attack in U.S. history.
Joyce Fienberg, Richard Gottfried, Rose Mallinger, Jerry Rabinowitz, Cecil and David Rosenthal, Bernice and Sylvan Simon, Daniel Stein, Melvin Wax, Irving Younger were all shot and killed that morning.
The penalty phase
As the penalty (or sentencing) phase begins, jurors will decide whether the convicted gunman should spend the rest of his life in prison or whether he should be sentenced to death.
The penalty phase will consist of two parts. First, jurors will decide if the gunman is eligible for the death penalty. Then, if deemed eligible, jurors will hear victim impact statements and then decide upon the sentence of life or death.
The defense could possibly enter mental health evidence and testimony to the gunman's altered state of mind. It's another difficult step the worshippers will need to endure, with the gunman sitting emotionless just feet away.
Who is defense attorney Judy Clarke?
With jurors poised to begin hearing testimony during the penalty phase of the trial, Clarke will ask the jury to spare the gunman's life by trying to humanize him.
Clarke doesn't speak to reporters, but has a past history of aiming to prevent high-profile murder suspects from receiving the death penalty. She has obtained plea bargains for Ted Kaczynski, the Unabomber, Eric Rudolph, Atlanta Olympics Bomber, and Tucson mass shooter Jared Lee Loughner.
She convinced a jury not to impose the death penalty on Susan Smith, the woman who drowned her two children in a lake in South Carolina in 1994. Now, she'll try to do the same here in Pittsburgh for Bowers.
Recapping the guilt phase of the trial
During the three-week long guilt phase of the trial, there was little to no doubt surrounding whether or not the accused gunman was responsible for the attack on the synagogue.
From the prosecution's side, the government focused on proving that the gunman was indeed responsible for the 11 deaths and numerous others wounded in the shooting, but also focused on graphic details from the tragic day in order to show that his actions indeed merit the death penalty that they are seeking to have imposed.
Numerous first responders and survivors were called to the stand during the multiple weeks of testimony, all detailing the gunfire and horror they witnessed and told of how they were hiding during the shooting.
With the first of police witnesses, close to a dozen officers testified they did not hesitate and went immediately and directly into the building and towards the gunfire -- several paying a heavy price for their valor.
Pittsburgh Police officer Daniel Mead detailed how he came face-to-face with the gunman alongside officer Michael Smidga, both immediately met with gunfire coming through the front door of the synagogue as they responded to the calls for an active shooter in the building.
Additional officers testified about how they located the gunman and the massive gun battle that took place between police and the suspect.
Other testimony focused on the gunman's social media postings ,which prosecutors said shows his hatred for Jews. Nearly three dozen posts were made in just the last week leading up to the shooting.
On the defense's side, no claims were made to oppose that the gunman was responsible for the attack.
"This senseless act and devastation was caused by Robert Bowers, there is no disagreement. So, you may be looking at me right now and say why are we here," Defense attorney Judy Clarke told the jury during her opening statement.
Clarke said that during the guilt phase, she would have little to say to the prosecution's witnesses. In fact, once the prosecution rested, no witnesses were called by the defense.
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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde
but by the punishments that the good have inflicted."
— Oscar Wilde