Potential Tree of Life jurors to begin questionnaires

Possible jurors for the upcoming Tree of Life trial will begin completing juror questionnaires on Monday, U. S. District Judge Robert J. Colville announced during a status conference Thursday afternoon.

The trial for Robert Bowers, who has been accused of killing 11 worshippers on Oct. 27, 2018, during a mass shooting at the synagogue where three congregations — Tree of Life or L’Simcha, Dor Hadash and New Light — were holding Shabbat services is scheduled to begin in April.

Possible jurors will receive instructions on the questionnaire process during 20-minute sessions that will take place every day except March 15, until March 17.

An observation room with a livestream will be set up for lawyers on either side who want to observe the instructional process.

Jury selection will officially begin on April 24.

Defense attorneys had previously sought to conduct a one-question survey of potential jurors about their religion, to ensure that no religious group, particularly Catholics, was excluded.

Judge Colville denied the request, noting that religion, religious affiliation or lack thereof is not information required to be collected by either party.

In early February, Judge Colville ruled that if Mr. Bowers is found guilty, his sentencing will be broken into two separate phases.

The first phase will consist of jurors deciding if Mr. Bowers is eligible for the death penalty, which federal prosecutors are seeking.

The second phase will be to decide Mr. Bowers’ sentencing.

The defense team sought to separate the two decisions because if not, jurors would have heard victim impact statements prior to making a decision on the death penalty, which they believed could sway the jurors.

Judge Colville agreed with the defense, though the government tried to argue that the law didn’t require the separation and were concerned with complicating the trial.

“The court is not unsympathetic to the government’s concerns over unnecessary protraction and complication of the proceedings, hardship to witnesses and delay for victims,” Judge Colville wrote, but added “the court must also consider and safeguard the fairness of the proceedings in this matter and prevent any potential unfair prejudice to the parties.”