Judge rejects Bowers defense deadline for now
The judge presiding over the federal capital case of Robert Bowers on Tuesday denied a prosecution motion to impose a deadline for his lawyers to decide if they’ll pursue a mental disability claim that could spare him the death penalty.
U.S. District Judge Donetta Ambrose declined to set a deadline now but said she will hold a phone conference with the parties in June when she expects a deadline to be set for notice of intent to use mental health records.
“The court further expects that the defense will make productive use of the four months in the interim,” the judge ruled.
Federal prosecutors had requested an April 23 deadline for the defense to decide if it will pursue a claim that Mr. Bowers suffers from mental disability. The defense team said April is too early and asked for another six months, with a conference in August.
The judge set June 25 for the conference.
Mr. Bowers is accused of gunning down 11 worshippers at the Tree of Life synagogue in October 2018.
Prosecutors have complained that the defense has had plenty of time since then to gather the mental health evidence it needs to decide on an “Atkins” claim. Atkins refers to Atkins v. Virginia, a 2002 U.S. Supreme Court decision in which the justices said executing someone with severe intellectual disabilities violates the Constitution.
The U.S. attorney’s office said it has found no evidence in Mr. Bowers’ history to support a claim of mental disability. Prosecutors said he has shown aptitude in computer programming and worked competently as a long-haul trucker.
The defense team had countered that it needs time to perform exams, such as IQ testing, and retain expert opinions.
Judge Ambrose on Tuesday also issued several other rulings, most of them denying defense demands for discovery from the government, saying prosecutors have already met their obligations in turning over relevant material.