Pittsburgh trial enters new phase

Torsten Ove

PITTSBURGH | Pittsburgh Jewish Chronicle via JTA

Prosecutors have moved to block the convicted synagogue shooter and his defense team from presenting certain evidence to the jury during the next phase of the trial, such as comparing the case to others or putting a witness on the stand to argue that the death penalty is not a deterrent to murder.

The defendant was convicted last week of using an AR-15 to slaughter 11 worshippers from three congregations at the Tree of Life synagogue building on Oct. 27, 2018, because of his hatred of Jews. Among the 63 counts on which he was convicted, 33 carry the potential death penalty.

The penalty phase started Monday, June 26. The government will present its evidence — called “aggravating factors” — for why prosecutors think the shooter should die in the federal execution chamber in Indiana. The defense will present its case for life in prison — “mitigating factors.”

Prosecutors are asking the judge, Robert Colville, to rein in the defense team. Not surprisingly, the defense has objected to nearly all of the government’s requests.

Under the Eighth Amendment, a jury in a capital case is required to consider all mitigating evidence and decide how much weight to give it. But prosecutors said that doesn’t mean the defense has “unfettered discretion” to present anything the

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If you encounter an antisemitic or other hate incident, you are not alone. Your first call should be to the Jewish Community Relations Council (JCRC) in Omaha at 402.334.6572, or email JCRCreporting@ jewishomaha.org. If you perceive an imminent threat, call 911, and text Safety & Security Manager James Donahue at 402.213.1658.

lawyers consider mitigating.

“Rather,” they said, “the Supreme Court has clearly established that relevant mitigating evidence must be related to the defendant’s background, character, or record, or the circumstances of his offense.”

This story is part of ongoing coverage of the Pittsburgh synagogue shooting trial by the Pittsburgh Jewish Chronicle and the Pittsburgh Union Progress in a collaboration supported by funding from the Pittsburgh Media Partnership. It is reprinted with permission.

Read more at www.omahajewishpress.com

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