U.S. District Judge Donetta Ambrose on Thursday said she'll set a trial date for Robert Bowers, accused of killing 11 at Tree of Life synagogue last year, only after all pre-trial motions are resolved.
The Justice Department had requested a trial date be set for next year at this time, but the defense objected and so did two Jewish congregations at Tree of Life because they said it would conflict with the Jewish holidays.
Judge Ambrose agreed with the defense and the congregations, saying she doesn't set trial dates in any of her cases until she's sure there won't be delays.
"I don't want to move the trial date," she told both sides.
Assistant U.S. Attorney Soo Song had argued that the government's request for a date next October was an attempt to spare the victims' families from unreasonable delays.
She also said that the trial wouldn't conflict with the Jewish holidays because jury selection alone will take weeks or possibly months, considering that the Justice Department is seeking the death penalty.
But Judge Ambrose said she will not schedule the trial during the holidays and will wait until all pre-trial issues are done.
"I'm just not sure when that will be," she said, but promised to keep the case moving.
To that end, she gave the defense until mid-December to file constitutional challenges to the death penalty as well as other motions regarding discovery issues.
The prosecution will have another month to respond.
First Published: October 31, 2019, 6:00 p.m.