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Jury doesn’t reach a decision on first day of deliberations in Pittsburgh synagogue shooting trial

A courtroom sketch with the judge in the middle.
David Klug
/
AP
In this courtroom sketch, Robert Bowers, the suspect in the 2018 synagogue massacre, confers with his legal team on Tuesday, May 30, 2023, in Pittsburgh. Bowers could face the death penalty if convicted of some of the 63 counts he faces in the shootings, which claimed the lives of worshippers from three congregations who were sharing the building, Dor Hadash, New Light and Tree of Life.

Jurors in the Pittsburgh synagogue shooting trial will continue to consider potential penalties for convicted gunman Robert Bowers Wednesday after reaching no decision during their first day of deliberations Tuesday.

The jury must decide whether to sentence defendant Robert Bowers to death or life in prison without the possibility of release. Deliberations will resume at 8:30 a.m. Wednesday.

The jury deliberated from 9:30 a.m. until 4:30 p.m. Tuesday before breaking for the day. During their deliberations, the jury asked the judge two questions. In the morning, the jury asked to look at the weapons used in the crimes.

Prosecutors and defense lawyers agreed to bring the guns into the courtroom, where jurors were allowed to look at them but not to touch them. But defense lawyers objected when they saw that a U.S. Marshal who was guarding the weapons was talking to jury members.

U.S. District Judge Robert Colville instructed two U.S. Marshals not to speak to the jury. Joseph Klaus, one of the marshals, testified under oath that jurors asked him three questions, to which he responded before Colville gave his instruction. Jurors asked where the three handguns were carried (Klaus did not know), how to load a shotgun (from the bottom or the side) and if the ammunition magazine stored in the box with the AR-15 belonged to the gun (it did).

Defense lawyers moved for a mistrial, citing the exchange between the marshal and the jury and noting that it introduced improper evidence. Colville denied the motion and instead told the jury to disregard what the marshal told them.

In the afternoon, jurors asked to look at a chart detailing the mental health history of Bowers’ family. The court told the jury where they could find the chart in the evidence they received.

The issue of Bowers’ family’s neurological history is first raised in the defense’s mitigating factor No. 57, listed on the jury’s sentencing verdict form. It lists a total of 115 mitigating factors.

Jurors must weigh the aggravating factors that make the crime serious enough to warrant the death penalty and the mitigating factors that defense lawyers argue should lessen the severity of his punishment.

If the jury unanimously finds that the aggravating factors outweigh the mitigating factors on just one of the capital counts, Bowers would be sentenced to death. If a single jury member votes for life in prison, Bowers would be spared the death penalty.

Julia Zenkevich reports on Allegheny County government for 90.5 WESA. She first joined the station as a production assistant on The Confluence, and more recently served as a fill-in producer for The Confluence and Morning Edition. She’s a life-long Pittsburgher, and attended the University of Pittsburgh. She can be reached at jzenkevich@wesa.fm.