US attorney says FBI not meddling in accused Tree of Life shooter's case

The FBI did not block the defense attorneys of accused Squirrel Hill synagogue gunman Robert Bowers from interviewing witnesses, federal prosecutors said in court Friday.

The U.S. Attorney’s Office dismissed the allegation that the FBI was meddling in the case and related demands made by defense attorneys last week as a veiled attempt to gain “unprecedented and extreme” access to copious amounts of sensitive law enforcement documents, according to the court filing.

Prosecutors rejected the defense’s request for “invasive discovery,” including contact information, about the victims of the Oct. 27 mass shooting during worship services being held at Tree of Life. Prosecutors said the full release of the requested material would violate the legal protections of the people killed, their families and others injured and harmed that day.

“The tactics undertaken by the defense subvert the integrity of the adversarial system and threaten to expose sensitive, confidential victim communications to which they are not entitled under the law,” federal prosecutors wrote in a 17-page response filed Friday in U.S. District Court in Pittsburgh.

Last week, defense attorneys for Bowers alleged that the FBI was discouraging witnesses from speaking with the defense. They asked the judge to order the government and federal agents to “cease any such communication” and turn over all such material from the FBI or other law enforcement agencies regarding meeting with the defense — including emails, handwritten notes and witness identification information.

Prosecutors argued that the defense’s allegation “rests on the erroneous and speculative assumption that if a witness chooses not to speak with defense counsel, that decision must be the result of nefarious conduct by the United States.”

Witnesses and victims are not obligated to talk to defense attorneys, prosecutors wrote. In one instance, a federal agent “merely advised” a witness “of her right to decline interviews with defense counsel,” prosecutors wrote.

Prosecutors said they have learned that attorneys for Bowers hired a defense victim outreach specialist, Susan Casey, who has been reaching out to victims directly. Prosecutors questioned Casey’s transparency and the way she introduced herself to victims, including via a letter that describes her work as “complementary to that of the victim advocate in the U.S. Attorney’s Office.” She does not disclose that she is a defense attorney and has defended capital cases.

Prosecutors also rejected the defense’s argument that the judge’s decision should be influenced because the case could result in a possible death penalty. They emphasized that no determination has been made regarding the death penalty yet.

Bowers faces a 51-count federal indictment as the alleged shooter in the Oct. 27 attack on the Squirrel Hill synagogue. Eleven worshippers across three congregations were killed. Two congregants and five police officers were wounded.

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