Two days into jury selection in the case against accused synagogue shooter Robert Bowers, it remained unclear Tuesday whether any of the potential jurors questioned so far will make it onto the jury.
Under normal circumstances, attorneys will make their arguments for and against striking a juror for cause and the presiding judge will rule one way or right away. Attorneys can then use, if they choose, what are known as peremptory strikes which can be used to dismiss a juror without giving a reason or showing cause.
That hasn’t happened so far in this case.
U.S. District Judge Robert Colville and the prosecution and defense teams questioned 19 potential jurors. Six potential jurors were jointly stricken or excused for hardship. The defense moved to strike four jurors, and prosecutors objected in three instances. Prosecutors moved to strike two jurors, and defense attorneys objected once.
Striking a juror for cause means dismissing a juror because they’ve shown they couldn’t be fair in some regard. Jurors can also be stricken or excused if they show jury duty would present a substantial hardship.
Of 16 potential jurors questioned Monday, both sides wanted to strike six of the jurors. The defense further wanted to strike four, and the prosecution moved to strike two.
Judge Colville did not rule on those strikes until the start of court Tuesday. He granted the joint motions and granted two of four for the defense and one of two for the prosecution.
Peremptory strikes weren’t discussed, and it’s unclear whether the other seven jurors have been or could be seated. Court officials have said they expect jury selection to take a few weeks, and the trial could stretch into July.
Mr. Bowers, 50, is facing 63 federal charges stemming from the Oct. 27, 2018,shooting at a Squirrel Hill synagogue where three congregations worshipped: Tree of Life, Dor Hadash and New Light.
Eleven worshippers were killed across those three congregations: Richard Gottfried, Joyce Fienberg, Rose Malinger, Jerry Rabinowitz, Cecil and David Rosenthal, Bernice and Sylvan Simon, Daniel Stein, Melvin Wax and Irving Younger.
If convicted, Mr. Bowers faces the death penalty.
Mr. Bowers, who has frequently waived his right to attend court hearings, again appeared engaged throughout the questioning, sometimes taking notes on a yellow legal pad or leaning forward to look at attorneys speaking at the prosecution table. He talked with attorneys on both sides of him, often looking over at the screen of the laptop in front of the attorney to his right. He wore a dark blue sweater over a light blue collared shirt.
At several points he stood up to talk with defense attorneys who weren’t seated next to him, including Judy Clarke, a San Diego-based defense attorney who has represented a number of high-profile clients, including Eric Rudolph, the Atlanta Olympics bomber, and Ted Kaczynski, the Unabomber.
First Published: April 25, 2023, 2:00 p.m.
Updated: April 26, 2023, 9:52 a.m.