Accused synagogue shooter Robert Bowers wants his trial moved somewhere else.
In a long-expected move, his lawyers on Monday asked a judge for a change of venue, saying pre-trial publicity makes a fair trial in the Western District of Pennsylvania impossible.
Media coverage in the Pittsburgh region has created a "presumption of guilt," the lawyers said, with a majority of potential jurors holding the opinion that Mr. Bowers is guilty and should die for what he is accused of doing.
Mr. Bowers faces the federal death penalty if convicted of gunning down 11 worshipers at Tree of Life in October 2018.
The Justice Department is seeking to execute him despite President Joe Biden's stated opposition to capital punishment. Bowers' lawyers want a plea deal to spare him execution. The sides have been sparring from the day Mr. Bowers was charged, with the prosecution repeatedly accusing the defense of delaying the case.
In the filing, Mr. Bowers' lawyers say he is accused of attacking a synagogue in the "spiritual center" of Pittsburgh, meaning Squirrel Hill, and targeting one of the nation's oldest Jewish populations. The result has been an "outpouring" of support for Squirrel Hill and the Jewish community that has been "highly visible" in the media, with extensive coverage tributes, memorials, vigils and fundraisers.
"Although all mass shootings generate an outpouring of community support for the victims, the historical nature of the attack is unique, creating a unique bond between prospective jurors and victims in the Western District of Pennsylvania," the lawyers said.
The defense team said its jury expert, Bryan Edelman, researched the newspaper response to the shootings and found more than 1,200 stories about it in the Pittsburgh Post-Gazette, the Pittsburgh Tribune-Review, Pittsburgh City Paper and the New Pittsburgh Courier.
The lawyers said the coverage "portrays Bowers as the government is expected to portray him at trial: as a hate-filled, violent person who promoted anti-Semitic and anti-immigrant extremist views shared by others on the far right of the political spectrum."
They also said that the "historical nature of the shooting, purportedly the deadliest attack on Jews in United States history, is repeatedly mentioned," as are references to the rise of far right extremism.
Mr. Edelman also conducted a phone survey to determine the impact of the publicity on a potential jury pool in Pittsburgh, Harrisburg, Philadelphia and the District of Columbia.
In Pittsburgh, 92% of prospective jurors who were familiar with the case believe Mr. Bowers is guilty.
"Dr. Edelman has concluded that the pervasive media coverage of the shootings, as well as the community reaction and outpouring of support for the victims, has undermined the presumption of innocence," the lawyers said.
In addition, 82% said that Mr. Bowers would have a hard time convincing them that he's not guilty. Of those who support the death penalty, 86% said Mr. Bowers would have difficulty convincing them that he should not be killed.
The percentages were lower in the other districts but still showed a strong bias against Mr. Bowers among those exposed to media coverage of the case, the lawyers said.
Some Pittsburgh-area respondents also expressed "significant hostility" towards Mr. Bowers.
One said "I'd pull the lever myself" to kill him. One responder said "I would not show him any mercy." Another said he should be "tortured and hung by his toenails." Others made similar comments.
"Given the impact of the attack on the community in the Pittsburgh Division of the Western District of Pennsylvania, the extensive, prejudicial pretrial publicity, and the firm, fixed opinions of prospective jurors establishing a presumption of guilt and presumption of death, Mr. Bowers cannot obtain a fair trial by an impartial jury in the Western District of Pennsylvania," the lawyers said. "In light of these conditions, any penalty phase would not comport with due process and the Eighth Amendment."
The U.S. attorney's office has not yet filed its response.
