Another attempt by accused synagogue shooter Robert Bowers to get the death penalty tossed from consideration failed Tuesday when the judge in the case dismissed claims that capital punishment is arbitrary and applied unevenly.
Attorneys for Mr. Bowers, 50, argued in an early April motion that the U.S. Department of Justice has pursued the death penalty in some mass shootings but not others they claimed have similar overtones.
Prosecutors wrote and U.S. District Judge Robert Colville agreed that just because cases similar to Mr. Bowers’ are not capital cases that “does not render arbitrary the Department of Justice’s determination.”
The judge’s decision came on the seventh day of jury selection in the case. Of 108 potential jurors questioned during that time, 36 are still eligible to be seated on the jury.
Bowers faces 63 charges in the Oct. 27, 2018 killing of 11 people at a Squirrel Hill synagogue housing three different congregations: Dor Hadash, New Light and Tree of Life.
Judge Colville said defense attorneys failed to effectively argue that capital punishment in this case was applied in an arbitrary manner. They also failed to show any violations on the part of the U.S. Attorney’s Office and the Department of Justice.
Prosecutors were authorized to seek the death penalty against Mr. Bowers under the Trump administration. Since then, Attorney General Merrick Garland has announced a moratorium on federal executions while policies and procedures governing capital punishment are reviewed.
Mr. Bowers and his attorneys argued that Mr. Garland appeared to have taken a personal interest in declining to seek the death penalty in some cases while withdrawing intent to seek the death penalty in others.
Defense attorneys cited three cases, including that of a man accused of killing 23 people at a Walmart in El Paso, Texas. That alleged shooter said he targeted Hispanic individuals and was “defending my country” from “the Hispanic invasion of Texas.”
Earlier this year, prosecutors opted not to seek the death penalty against Patrick Crusius, 24, in that case.
Prosecutors in the case against Mr. Bowers wrote that his argument “does not address the myriad distinctions between his case and the other defendants, crimes, and prosecutions.”
Jury selection continues Wednesday. The court needs to seat 12 jurors and six alternates.
First Published: May 2, 2023, 9:16 p.m.
Updated: May 3, 2023, 10:12 a.m.
