A young boy looks at the fenced off entrance to the Tree of Life synagogue in Pittsburgh on October 27, 2019, the first anniversary of the shooting at the synagogue, that killed 11 worshipers. (AP Photo/Gene J. Puskar)
Lawyers for the suspect in the synagogue shooting that killed 11 people in Pittsburgh have challenged his potential death sentence as unconstitutional.
Lawyers for Robert Bowers argued in court papers filed this week that capital punishment violates the Fifth Amendment’s due process clause and the Eighth Amendment’s ban on cruel and unusual punishment.
They also said the practice of carrying out federal executions in state prisons violates a Tenth Amendment protection that says states can’t be made to enforce federal laws, the Pittsburgh Tribune-Review reported Friday.
Defense lawyer Judy Clarke has made similar arguments in other high-profile capital cases. Her clients have included Boston Marathon bomber Dzhokhar Tasarnaev, who is appealing his 2015 death sentence, and “Unabomber” Ted Kaczynski, who entered a plea agreement that spared him the death penalty.
In court filings, Clarke said that she has tried to negotiate a life sentence for Bowers but that prosecutors have rebuffed her.
Get The Times of Israel's Daily Editionby email and never miss our top stories
Driver’s license photo of Pittsburgh synagogue massacre suspect Robert Bowers (Pennsylvania DOT)
Bowers is charged with killing 11 congregants during a Shabbat service at the Tree of Life synagogue on October 27, 2018, and injuring six others, including four police officers.
He has pleaded not guilty to 63 federal counts, 22 of which carry the death penalty. His defense team also includes public defenders Michael Novara and Elisa Long.
No trial date has been set.
Advertisement
Your next read: ToI Editors' Picks
LIMITED TIME OFFER: Join The Times of Israel Community today and you'll receive a physical book of your choice, carefully curated by our editors.
Choose between two must-reads: When We See You Again by Rachel Goldberg-Polin, a searing portrait of a mother’s grief and strength following unthinkable tragedy;
Or Out of the Sky: Heroism and Rebirth in Nazi Europe by Matti Friedman, the gripping and surprising tale of a forgotten moment during World War II.
As a Community member, you’ll also enjoy our DocuNation series of outstanding Israeli documentary films, an ad-free experience of our site and podcasts, commenting privileges, and more.
We’re really pleased that you’ve read X Times of Israel articles in the past month.
That’s why we started the Times of Israel - to provide discerning readers like you with must-read coverage of Israel and the Jewish world.
So now we have a request. Unlike other news outlets, we haven’t put up a paywall. But as the journalism we do is costly, we invite readers for whom The Times of Israel has become important to help support our work by joining The Times of Israel Community.
For as little as $6 a month you can help support our quality journalism while enjoying The Times of Israel AD-FREE, as well as accessing exclusive content available only to Times of Israel Community members.
Thank you, David Horovitz, Founding Editor of The Times of Israel