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The corner of Murray and Wilkins avenues near Tree of Life synagogue is covered with chalk messages and flowers on Oct. 29, 2018, in Squirrel Hill.
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Feds anticipate trying accused Tree of Life shooter next summer

Stephanie Strasburg/Post-Gazette

Feds anticipate trying accused Tree of Life shooter next summer

Federal prosecutors hope to put accused Tree of Life shooter Robert Bowers on trial in July 2022, according to a proposed timetable submitted in U.S. District Court.

The U.S. attorney's notice of a trial date was included in a lengthy timeline for pretrial motions as ordered by U.S. District Judge Donetta Ambrose two weeks ago.

Prosecutors proposed a start date of July 11 for jury selection and a death penalty phase a week after the verdict.

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The defense is hoping to reach a plea deal that will spare Mr. Bowers from execution.

Robert Bowers is charged in the shooting deaths of 11 people at the Tree of Life synagogue in Squirrel Hill on Oct. 27, 2018.
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Mr. Bowers is accused of gunning down 11 worshippers at Tree of Life synagogue on Oct. 27, 2018.

Defense and prosecution have been sparring in court ever since over discovery, the legality of the death penalty, the jury selection process in the Western District of Pennsylvania and many other issues.

After a suppression hearing on Oct. 12 and 13, the judge told both sides to submit a timeline for the rest of the pretrial motions and a possible trial date to move the case along.

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In addition to the proposed trial date, prosecutors submitted a long list of other potential deadlines for motions. For example, they set Feb. 21 as the deadline for both parties to disclose the identifies and qualifications of their various experts, as well as any non-mental health experts for the penalty phase of the trial.

They also set a proposed deadline of Nov. 15 for the defense to complete mental health testing for Mr. Bowers, which is a deadline previously set by the judge.

The defense, which has spent three years challenging all aspects of the government's case, did not propose a trial date because the lawyers are still hoping for a plea. But they indicated they would file motions to schedule a trial by May 16.

The defense filed proposed dates for submitting various other motions. For example, the team set Jan. 17 as a date to file a motion for the government to produce its evidence experts for DNA data, firearm and fingerprint evidence, GPS tracking information and data extraction from Mr. Bowers' cellphone.

A police vehicle is posted near the Tree of Life/Or L'Simcha Synagogue in Pittsburgh, Monday, Oct. 29, 2018.
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Meanwhile, both parties have 30 days after the filing of a transcript of the suppression hearing to make additional motions. The issue in question in that hearing is whether statements about killing Jews that police said Mr. Bowers made at the scene after he was wounded in a shootout should be admitted as evidence against him.

The backdrop to the entire case is the Biden administration's contradictory stance on the federal death penalty.

While President Joe Biden has said he opposes capital punishment and Attorney General Merrick Garland has imposed a moratorium on it at the federal level, the Justice Department recently argued before the Supreme Court for the reinstatement of the death sentence for convicted Boston Marathon bomber Dzhokhar Tsarnaev.

First Published: October 28, 2021, 7:13 p.m.

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The corner of Murray and Wilkins avenues near Tree of Life synagogue is covered with chalk messages and flowers on Oct. 29, 2018, in Squirrel Hill.  (Stephanie Strasburg/Post-Gazette)
Stephanie Strasburg/Post-Gazette
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