Congregation asks new U.S. Attorney General to strike plea deal with accused synagogue shooter

Leaders of Dor Hadash, one of three Jewish congregations that lost members during the 2018 massacre at Tree of Life synagogue, have again asked the U.S. Attorney General’s Office to strike a plea deal with gunman Robert Bowers, a move they say will offer justice that falls in line with their religious value of life.

Bowers, charged with killing 11 worshippers inside the Squirrel Hill synagogue, has remained in federal custody since his arrest the day of the attack. His attorneys — two public defenders and Judy Clarke, a death penalty defense specialist — have said Bowers is willing to plead guilty in exchange for life in federal prison.

Federal prosecutors in Pittsburgh have, so far, refused to deal.

“We are rapidly approaching the third anniversary of the Oct. 27 attack,” wrote congregation President Bruce Herschlag in a letter to Attorney General Merrick Garland. “We are desirous of seeing justice meted out in a manner that is both consistent with our religious values and spares us from the painful ordeal of prolonged legal maneuvering leading to a lengthy trial and years of unpredictable appeals.”

Dana Kellerman, the communications chair for Dor Hadash, said the congregation sent the recent letter because of the change in administrations in Washington. Garland was confirmed by the Senate as attorney general on March 10.

“The leadership at the Justice Department has changed, and we don’t necessarily know if they plan on taking the same approach or might be open to taking a new approach,” Kellerman said.

Under Barr, in July 2019 the Justice Department resumed executions in federal cases, after a nearly two-decade pause in capital punishment.

The congregation sent a similar letter in August 2019, asking then-Attorney General William Barr to agree to a plea deal with Bowers and his attorneys. In that letter, former Dor Hadash President Donna Coufal wrote that a plea deal would honor the life of slain congregant Dr. Jerry Rabinowitz, who was opposed to the death penalty.

In the most recent letter, Herschlag invoked Rabinowitz’s memory, saying a plea deal for life in prison “would honor Jerry’s memory.” Rabinowitz was among the 11 worshippers slain across the three congregations holding services in the Tree of Life synagogue that morning, which in addition to Dor Hadash included New Light and Tree of Life - Or L’Simcha.

In August 2019, Rabbi Jonathan Perlman of New Light Congregation spoke in favor of a life sentence without parole for Bowers and not the death penalty, making public a letter that he sent to Barr. Leaders of the Tree of Life congregation have not made public statements about the sentencing of Bowers.

Herschlag wrote that a death sentence would go against religious and ethical ideals, saying such sentences “have been viewed as bloodthirsty since the days of the sages.”

Kellerman said a trial will mean weeks or more of reliving the pain of the attack.

“We don’t want them to pursue the death penalty thinking Dor Hadash wants that, because our congregation does not want that,” Kellerman said. “We feel very strongly we don’t want this to drag on and retraumatize people who have already been deeply traumatized.”

Dor Hadash is in the Reconstructionist tradition, described on the congregation’s website as “a politically and religiously progressive Jewish movement.” New Light and Tree of Life are both part of the Conservative tradition.

Megan Guza and Paula Reed Ward are Tribune-Review staff writers. You can contact Megan at mguza@triblive.com, and you can reach Paula at pward@triblive.com.