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Judge: Synagogue massacre suspect can face death penalty

The Tree of Life Synagogue, lower left, stands in the Squirrel Hill neighborhood of Pittsburgh on Thursday, April 19, 2023. AP Photo/Gene J. Puskar

PITTSBURGH — The man charged in the deadliest attack on Jewish people in U.S. history has lost another bid to get the death penalty removed as a possible punishment.

With jury selection underway at the federal trial of Robert Bowers, a judge ruled Tuesday against a defense motion that challenged the government's pursuit of the death penalty.

U.S. District Judge Robert Colville said in his decision that Bowers' defense team “fails entirely to establish a basis upon which the court could conclude that the government has arbitrarily sought the death penalty in this case.”

Bowers, of the Pittsburgh suburb of Baldwin, is charged with 63 criminal counts in the killings of 11 worshippers on Oct. 27, 2018, at the Tree of Life synagogue building where three congregations had gathered. The charges include 11 counts of obstruction of free exercise of religion resulting in death and 11 counts of hate crimes resulting in death.

Prosecutors say Bowers made antisemitic comments at the scene of the attacks and in earlier online forums.

More than 100 potential jurors have been questioned by prosecutors and the defense through the first seven days of jury selection, with a heavy focus on their views on a potential death sentence. The process was set to resume Wednesday.

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