PITTSBURGH — Defense attorneys for accused synagogue shooter Robert Bowers cannot survey potential jurors about their religious affiliation, a federal judge ruled this week.
Bowers' attorneys had sought to conduct a one-question survey of potential jurors about their religion or lack thereof.
Defense counsel argued the survey would ensure that no religious group, in particular Catholics, was improperly excluded from the jury panel. The motion, filed in late August, expressed concerns over the potential for Catholics to be disproportionately excluded because of their stance against capital punishment.
The motion cited a 2014 Pew Research study that indicated about one-third of adults in the Pittsburgh area identify as Catholic. The jury questionnaire as it stands, the defense argued, does not collect religious information in the same way it does other demographic data.
Attorneys for Bowers said they worried that if Catholics were not represented fairly in the pool of potential jurors, any jury would be "extremely unrepresentative" and overly willing to condemn him to death.
That would ultimately violate Bowers' constitutional right to a fair trial, the defense concluded.
Federal prosecutors had objected to the request, noting simply that neither side is required to collect religious information from potential jurors.
U.S. District Judge Robert Colville agreed, noting in his ruling that "religion or religious affiliation is not listed as information required to be elicited."
The wheels of justice continue to grind on four years after Bowers is accused of storming a Squirrel Hill synagogue and opening fire, killing 11 worshippers across three congregations: Tree of Life-Or L'Simcha, New Light and Dor Hadash.
Judge Colville in September set a trial date: Jury selection will begin April 24, just shy 4 1/2 years to the day since the shooting.
Hundreds of pretrial motions have been filed by both sides in the years since court hearings began in earnest in the case. The docket for the case has more than 800 entries, including roughly 18 in October alone.
The government continues to seek the death penalty for Bowers, who faces dozens of charges related to the shooting. The defense team — which includes California-based attorney Judy Clarke, who has represented defendants such as the Unabomber and Boston Marathon bomber — continues to seek a plea deal that would send Bowers to federal prison for life.
