Robert Bowers, the man charged in the 2018 attack on the Tree of Life Synagogue in Pittsburgh, has lost another bid to get the death penalty removed as a possible punishment, The Associated Press reports.
With jury selection underway at the federal trial of Bowers, a judge ruled Tuesday against a defense motion that challenged the government's pursuit of the death penalty.
US 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.
Bowers was armed with an AR-15 and three handguns and allegedly yelled “I want to kill all Jews” during the attack.
He was initially indicted on 44 counts. In January of 2019, a federal grand jury added 19 charges to the 44 counts previously levied against Bowers. He has pleaded not guilty to all 63 federal counts.
He offered to plead guilty in return for a life sentence, but federal prosecutors turned him down.
In a filing last month, prosecutors said Bowers “harbored deep, murderous animosity towards all Jewish people.” They said he also expressed hatred for HIAS, founded as the Hebrew Immigrant Aid Society, a nonprofit humanitarian group that helps refugees and asylum seekers.