Tree of Life shooting suspect could stand trial next year

The federal judge presiding over the case involving the mass shooting at the Tree of Life synagogue in 2018 anticipates a 2023 trial.

During an hour-long status conference in the criminal case against Robert Bowers on Wednesday, U.S. District Judge Robert Colville said that a date spanning March through May might be overly ambitious, but that April through June would be “imminently doable.”

Pushing past that date, Colville said, would not be ideal.

“I’m giving you as gentle, kind and affectionate fair warning as I can,” the judge said, urging both the government and defense to prioritize the case.

Colville ordered the parties to be prepared to discuss trial dates at the next status conference set for Aug. 15.

Assistant U.S. Attorney Soo Song told the court she welcomed the discussion on setting the trial schedule. The government had urged Colville earlier this year to set a fall trial date — to which the defense objected.

“It’s very welcome news from the court,” Song said during Wednesday’s hearing.

She said that the government’s insistence on going to trial soon is to “ensure the Crimes Victims Rights Act has vitality and has meaning.”

Under that federal act, Song said, crime victims are assured they will be treated with fairness and respect.

“But they also have the right to be heard and present,” she said.

Bowers is charged with opening fire on Shabbat services at Tree of Life, which housed the congregations Tree of Life-Or L’Simcha, Dor Hadash and New Light. Eleven worshippers were killed and two were wounded. Four police officers were injured by gunfire. Bowers faces 63 federal charges. The government is seeking the death penalty against Bowers, 49.

As has been the case since February 2019, the defendant waived his appearance for the hearing Wednesday.

Elisa Long, a member of the defense team, told the court that they will do their best to move forward to trial, but that is less optimistic than the government.

“There’s significantly more to do,” Long said.

She noted disagreement between the parties relative to the potential jury questionnaire to be used in the case and in several pending and not-yet-filed motions.

“Covid remains an issue,” Long said. “It has delayed the pace of our investigation.”

Colville acknowledged her concerns.

“It is my intent to ensure trial schedule in this case is reasonable,” he said.

The parties also discussed the timing of the exchange of expert reports relative to a variety of scientific evidence in the case and whether the FBI is required to turn over data it used to validate its software for conducting DNA analysis.

No decisions were made on either of those issues.

Colville in March denied a change of venue request by defense attorneys. The lawyers claimed that media coverage of the attack, as well as rallies and events in Squirrel Hill, and the large outpouring of support for the community afterward, would make it impossible for Bowers to get a fair trial.

Colville noted that, as of 2020 census data, jurors in the Western District of Pennsylvania’s citizen voting age population are pulled from more than 2.1 million people.

“Given this large, diverse pool of potential jurors, the suggestion that 12 impartial individuals could not be empaneled is hard to sustain,” the judge said.