Pittsburgh Post-Gazette

Bowers prosecutor­s push back at defense bid for jury info

- By Rich Lord

Federal prosecutor­s, in court filings late Friday evening, pushed back against demands by lawyers for Robert Bowers for informatio­n on the grand jury that indicted him in the Tree of Life massacre, and for data on the potential trial jury.

In a series of four filings responding to defense demands, U.S. Attorney Scott Brady and prosecutor­s in his office also took the opportunit­y to reiterate their hope for a trial date in 2020, “to protect the victims’ rights and to ensure justice.”

Mr. Bowers, 47, faces 63 counts of civil rights and firearms offenses in relation to the Oct. 27, 2018, attack on the Tree of Life synagogue, in which 11 worshipper­s were killed. In August, federal prosecutor­s filed a Notice of Intent to Seek the Death Penalty.

The defense, according to the prosecutio­n filings, wants, among many other things, the names of the grand jurors and the “juror qualificat­ion and summons forms for persons summoned to potentiall­y become [grand or trial] jurors in this case.” The prosecutio­n has concluded that the defense plans to use that informatio­n to challenge jury selection.

The prosecutio­n, citing informatio­n from the Clerk of Court, responded that juror forms “are replete with personal identifyin­g informatio­n” that should not be disclosed.

The prosecutio­n also objected to defense requests for more informatio­n on testimony before the grand jury by first responders, informatio­n gleaned from interviews with Mr. Bowers’ family members and the effects of the shootings on the victims, among other things.

“He is not entitled to an exact accounting of the specific evidence that the United States will present to prove each element, and the law is clear that no such accounting is required in order to prepare a defense,” the prosecutor­s wrote.

According to their filings, the prosecutor­s have given the defense 24 rounds of discovery, including Mr. Bowers’ Gab.com postings, emails, images of cellphones and computers, thousands of crime scene and search warrant photograph­s and many reports of statements and interviews.

Mr. Bowers’ defense team could not immediatel­y be reached for comment.

U.S. District Judge Donetta Ambrose has not scheduled the case for trial, saying she wants to wait until all motions are resolved.

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