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Day 1: 911 dispatcher and rabbi take the stand

PITTSBURGH (JTA) — When Shannon Basa-Sabol was asked to recount the events of the Pittsburgh synagogue shooting in court on Tuesday, what stood out was her memory of the death of Bernice Simon.

Basa-Sabol, a 911 dispatcher, took the stand for close to an hour, describing the ins and outs of her job. 

But when the crowded courtroom heard a recording of Simon’s 911 call from the Tree of Life Congregation, Basa-Sabol paused and began to sniffle. She described telling Simon to stay quiet, then hearing multiple gunshots over the phone.

“Are you still with me?” Basa-Sabol said on the recording of the call. “Bernice, can you hear me?”

Speaking on the witness stand on Tuesday, Basa-Sabol said she had realized Simon no longer had “sufficient breathing for life.”

“I was hearing her being shot,” she said.

Basa-Sabol was the first witness in the trial of Robert Bowers, the man accused of murdering 11 Jews in their Pittsburgh synagogue on Oct. 27, 2018. For months, survivors, relatives of victims and the Jewish community of Pittsburgh have anticipated the trial, which began Tuesday, hoping for closure while worrying that the proceedings would retraumatize people, even as no one doubted the culpability of the accused.

As the prosecution and defense gave their opening statements, it was clear that the trial would air graphic details from the attack. But while lawyers and witnesses recounted the events of the day, the courthouse was also the scene of embraces, tears of comfort, discussions of Jewish tradition and even laughter as those who lived through the tragedy connected with and supported one another.

Families of victims and survivors were in the courtroom and monitoring via videolink elsewhere in the Joseph Weis Federal Courthouse in downtown Pittsburgh. Social workers and psychologists were on hand to help them through the proceedings. Reporters were asked not to conduct interviews in the building.

At a break, Tim Matson, a policeman injured in an exchange of fire with the suspect, sought out Andrea Wedner, who was shot and whose mother, Rose Mallinger, was killed. They hugged.

Maggie Feinstein, the director of the 10/27 Healing Partnership, which provides post-traumatic therapy for the community, watched closely over the nine or so family members in the courtroom, and handed them tissues. 

“Today marked the beginning of a very difficult and painful trial that is the direct result of an incredibly terrible action by one person,” Feinstein wrote in an email after the court was adjourned. “It represented an important step in the process of justice, because these court proceedings are a way for our society to take up the burden of remembering and telling the truth about what happened on Oct. 27, 2018.”

On the witness stand, Jeffrey Myers, the rabbi of Tree of Life Congregation, cried as he described how he recited the Shema, thinking he was about to die. 

“I thought about the history of my people, how we’ve been persecuted and hunted and slaughtered for centuries,” he said. “And about how all of them must have felt in the moments before their death, and what they did was recite Deuteronomy, chapter 6, verse 4, ‘Hear, O, Israel, the Lord is our God, the Lord is One.”

The defendant is accused of murdering 11 people and wounding six at three congregations that met in the same building — Tree of Life, Or L’Simcha and Dor Hadash. He faces 63 charges, 22 of which are death penalty charges that relate specifically to allegations that he targeted Jews: 11 counts of obstruction in free exercise of religious belief resulting in death, and 11 counts of hate crimes resulting in death. Prosecutors previously rejected a guilty plea so that they could pursue the death penalty — a punishment that families of victims and congregational leaders have debated. 

Jury selection began last month and took three weeks, culminating in the selection of 18 jurors and alternates — 11 men and seven women.

In their opening statements, prosecutors and defense lawyers alike warned that the trial would revisit the attack in horrific detail. Judge Robert Colville emphasized the presumption of innocence, telling the jury that Bowers had a “clean slate” unless the prosecution was able to persuade them otherwise. 

He warned jurors to avoid reading about the case in the media, and not to discuss it with friends or even with each other. And he added what he acknowledged was a recent and novel caution: “Persons, entities or even foreign governments may seek to manipulate your opinions,” instructing them not to click through if they saw messages relating to the trial popping up on their computer.

Assistant U.S. Attorney Song Soo’s 31-minute statement, delivered in a steady tone that only occasionally fluttered with emotion, set forth her case in vivid terms: A community that had come together for decades in love and caring for each other, and for Jewish tradition, was shattered by a gunman determined to murder Jews.

“In the Tree of Life synagogue, the words ‘Tree of Life’ are written in Hebrew high above the bookstand that holds the Torah, the holiest book in the Jewish faith,” she said. “The Tree of Life synagogue had anchored the corner of Wilkins and Shady for decades. As they did every Saturday men and women of the Jewish faith made their way to the synagogue to observe Shabbat.”

She noted that the Torah portion that week, Vayera, “was from the Book of Genesis and was about welcoming strangers.” She went on to describe the warmth of those who were killed and dwelled on Cecil and David Rosenthal, men in their 50s with developmental disabilities who loved to greet congregants.

“In many ways, they were like children, childlike because of their mental disabilities, trusting and pure,” Soo said, adding that fellow congregants would help them “tie a shoelace, tuck in a shirt, find a page in a prayer book.”

“That morning David Rosenthal stood at the front of the chapel helping to lead the opening prayer” he had memorized, she said. “His devotion to the faith made up for the fact that he could not actually read the prayer book.”

Then, she described the carnage, referring to the defendant’s alleged statements of hate on Gab, a social media platform friendly to right-wing extremists. He allegedly condemned HIAS, the Jewish refugee aid group that partnered with Dor Hadash.

“That same morning the defendant was making his own preparations to destroy, to kill and defile,” Soo said. “He hated Jews, he called them ‘the children of Satan … the most bloodthirsty, evil demons who ever walked the face of the earth.’”

She read out the Gab entry Bowers allegedly posted while he was parked outside the synagogue complex. “HIAS likes to bring in invaders that like to kill our people. I can’t sit by and watch our people get slaughtered, screw your optics, I’m going in.” 

“And the defendant did go in,” Soo said. She described some of the congregants’ deaths in detail and concluded by reading out the 11 names of the murdered: Cecil and David Rosenthal, couple Bernice and Sylvan Simon, Rose Malinger, Joyce Fienberg, Richard Gottfried, Jerry Rabinowitz, Daniel Stein, Melvin Wax and Irving Younger.

The defendant, clad in a green sweater over an open-collared light blue shirt, stared ahead and scribbled notes. He never looked at Soo, who spoke at a podium to his right.

In her opening statement, Bowers’ lead attorney, Judy Clarke, said the defense would not contest the events, or Bowers’ responsibility for them. Clarke is known as “the attorney for the damned” for her determination to keep her clients from execution. She has defended the Unabomber, the Boston Marathon bomber and one of the conspirators who planned the 9/11 attacks.

“This senseless act, the loss and devastation, were caused by Robert Bowers,” she said. “There is no disagreement, there is no dispute and there will be no doubt as to who shot the 11 congregants. On Oct. 27, 2018, Robert Bowers, the man seated at that table, loaded with ammunition and firearms entered the synagogue.”

Clarke suggested that her defense would focus on whether the defendant’s motives met the standards required by the government’s charges, particularly regarding the 22 death penalty charges.

“We can at least do our best to uphold the rule of law by figuring out, to the best of our ability, what were Mr. Bowers’ motives and intent,” she said. She argued that her client’s statements, which focused on his deluded belief that Jews were intent on replacing white people, do not make clear that his intent met the standards enshrined in federal law.

“These statements are outrageous,” she said. “The fact that they were made raises more questions than they may answer.”

Carol Janssen, another employee from a 911 call center, testified, and in the afternoon, for a number of hours, Eric Olshan, a Jewish U.S. Attorney, asked Myers to guide the jurors through a tour of a physical scale model of the synagogue that was brought into the courtroom. Myers described the building, its congregations and the fundamentals of Judaism to an attentive jury.

Shabbat ends “when three stars are in the sky,” said Myers, who wore a black suit and white kippah and delivered his testimony in measured tones. He wore a kippah because “it reminds me that I’m in God’s presence wherever I go.” 

Myers occasionally smiled at the jury when he cracked a joke, eliciting laughter, as when he recalled what a SWAT team advised him when they reached him in the synagogue: “Rabbi, run your ass off.”

And, as the defendant stared at him, Myers memorialized his murdered congregants, affectionately recalling their self-appointed roles during Sabbath services. He remembered one of the victims, Cecil Rosenthal, who always beat him to the synagogue so he could be in place to greet all comers. “I would say to him jokingly, ‘Cecil did you sleep here again?’”

David Rosenthal, he said, sang prayers “loudly,” while Rose Mallinger routinely led the prayer for peace, “that all people can live together in freedom and peace.”

As he recalled the moments of the shooting, Myers said, he felt he would not be angry at God, “because it was not God who did this. I was prepared to meet my fate.” He sobbed. 

The scheduled Torah reading from Genesis 12, he said, narrates how Abraham welcomes three strangers.

“I was going to talk about the Jewish imperative to welcome all guests whoever they may be,” he said. “But I never gave that sermon.”

The defense declined to cross-examine the rabbi.

Day 2: Jewish rituals feature as prominently as the carnage

Testifying at the trial of the Pittsburgh synagogue shooter, Carol Black described how, right before he opened fire, she had taken her yarmulke and tallis out of her velvet tallis bag. 

But first, she had to explain what a yarmulke, tallis and tallis bag were. 

“In my briefcase is a blue velvet bag that has a zipper on it,” she said. “I have a Ziploc bag of yarmulkes I would wear and a tallis I would wear.” A yarmulke was a “head covering,” she explained, and a tallis was a “prayer shawl.” The items, she said, “just signified being in the presence of God and being respectful.”

Black, 71, was the second witness to testify on Wednesday, the second day of the capital murder trial of the alleged gunman. She was one of a few witnesses who interspersed heart-rending testimony about the trial with a crash course on Jewish ritual. 

Black recalled how she sat in the second seat in from the aisle, because the aisle seat was where her brother Richard Gottfried sat, and they shared gabbai duties. Then Black explained the role of a “gabbai” — calling congregants to the Torah and helping them read through a passage. She described Pesukei d’Zimra, the morning service’s opening prayers, and spelled out the Hebrew name of the morning service, Shacharit, for the court reporter.

“I had just started to open the bag and I heard a loud bang,” she said. “To me it sounded like somebody had dropped a table on the metal floor.”

She added, “The first two sounds, I didn’t recognize them as gunfire. You don’t go to a synagogue and expect to hear gunfire.”

The focus of the trial is the gunfire. But for the prosecution, explaining the synagogue — and the practices that take place in it — is also proving to be crucial. The painful collision on that Shabbat morning of the sacred and the profane is key to the prosecution’s case that the defendant merits the death penalty.

Of the 63 federal charges Bowers is facing, 22 are capital crimes: two for each of the 11 fatalities that morning, including Black’s brother, Richard Gottfried. One is “obstruction of free exercise of religious beliefs resulting in death” and the other is murder, enhanced with a hate crime charge. Prosecutors, seeking to show that the shooting was motivated by antisemitism, are probing witnesses about their Judaism and how they express it.

“As they did every Saturday, men and women of the Jewish faith made their way to the synagogue, to observe Shabbat,” Assistant U.S. Attorney Soo Song said in her opening statement on Tuesday. “To pray to God in the sanctity and refuge of their shared Jewish faith.”

Conversely, defense lawyer Judy Clarke is out to prove that her client targeted the congregants not because of their religion per se but because of a delusion that they were facilitating an immigration invasion to replace whites. Both she and prosecutors have said in court that he committed the attack. 

Clarke occasionally objected when the testimony veered into how American Jews worship, or into explaining what animates Jewish practice. None of her objections to explaining Judaism were sustained — including one where she had tried to preempt the director of one of the congregations’ religious schools from explaining its educational precepts. 

Describing the curriculum, Wendy Kobee, the director of the religious school of Dor Hadash, a Reconstructionist congregation, said, “Religious prayers, religious practices, cultural values.”

“Among the cultural values taught at the school was the concept of welcoming the stranger?” prosecutor Mary Hahn asked.

“Yes, that would have been incorporated into the curriculum in an age-appropriate way,” Kobee said.

Both the defense and prosecution acknowledge that the defendant, a white supremacist, targeted the building because Dor Hadash had partnered with HIAS, the Jewish refugee aid group, to celebrate what the group called National Refugee Shabbat.

The trial is shaping up as a seminar on American Jewish tradition. Witnesses have provided the judge, jury and spectators with an impromptu glossary of Jewish terms, and an introduction to parts of modern Jewish thought. Dan Leger, a member of Dor Hadash who was injured in the attack, outlined the teachings of the Reconstructionist movement’s founder, Rabbi Mordecai Kaplan.

Kaplan’s “approach is one of looking at the Bible, the Torah specifically as something that guides our life in ways that give value in social interaction,” Leger said. “One of the ways it is most highly demonstrated is welcoming those into the community who need assistance, who need support whether or not they are Jewish, welcoming immigrants into the country.”

Prosecutors also asked witnesses about Jewish practice in order to explain what happened on the day of the shooting. Song asked Leger to explain tallit katan, the small prayer shawl colloquially known as tzitzit that observant men traditionally wear under their clothing, and why he did not have a cell phone handy when the gunman opened fire. It was Shabbat, when some Jews abstain from using electronic devices, he explained.

Another prosecutor asked Barry Werber, who testified later, why he preferred to attend services at New Light on Friday night and for Sunday breakfasts and not on Saturdays. He liked to sleep in on Saturdays, he said, but he went to services on the morning of the shooting because he felt obliged to honor his mother on her yahrzeit. He explained that a yahrzeit was the anniversary of someone’s death.

Like Tree of Life’s rabbi, Jeffrey Myers, had on Tuesday, Leger testified that he recited the Shema when he believed he was dying, after the gunman shot him in the abdomen. He translated the Torah verse and central Jewish prayer for the jury. Leger, a retired registered nurse, and another Dor Hadash congregant, Jerry Rabinowitz, a physician, had run into the shooting to help the injured. Rabinowitz was killed.

“I thought about the wonder of my life, the beauty of it all, the happiness I had experienced, the joy of having two beautiful sons and a wonderful wife and the wife previous to that wife, all the wonderful friends I have in the world,” Leger said. “I prayed for forgiveness for those who I have wronged in my life. I was ready to go.”

The defendant, his arms folded, stared at Leger.

The stories on the witness stand offered windows into American Jewish families and history. Gottfried started attending New Light after his mother died in 1992, Black testified about her brother, but she said she remained uninterested in frequent synagogue attendance until she injured a hip running about a decade ago. Gottfried, who was younger, encouraged her to come to services, and she celebrated her bat mitzvah as an adult.

“In Uniontown [Pennsylvania] where I grew up, in our Conservative congregation, which incidentally was called Tree of Life, girls did not get bat mitzvahed,” she said. 

Black and Werber both discussed the social aspect of Shabbat services, describing the propensity of Melvin Wax, a New Light congregant, to tell jokes. Werber recalled that just before the shooting, Wax was telling jokes to Cecil Rosenthal.

Yet along with descriptions of how ritual and prayer bound the synagogue communities together, the testimonies all came back to the horrific details of the shooting itself. 

After sitting with Wax, Werber said, Rosenthal went back upstairs, where the gunman shot him multiple times. Down in the New Light sanctuary, Rabbi Jonathan Perlman led Werber, Wax and Black into a storeroom behind the bimah. Richard Gottfried was in an adjacent kitchen with another New Light congregant, Dan Stein, preparing breakfast for the next morning. He called 911. 

The gunman came down the stairs and killed Gottfried and Stein. There was a pause, so Wax peeked out of the storeroom to see what was happening. The gunman shot him twice, and he fell at Black’s feet. The gunman hovered a while in the area and then retreated.

Eventually, emergency responders found the group hidden in the store room. Wax’s body still lay there.

“I had to step over him to get past him,” Black testified, her voice cracking. “Quietly to myself I said goodbye to him and followed the officers.”