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Defense team in Pittsburgh synagogue shooting file court motions around charges, mental health exam

Defense team in Pittsburgh synagogue shooting file court motions around charges, mental health exam
TEAM LOOKING FOR HERE? WELL, MIKE, A LEGAL EXPERT TELLS ME THEY ARE SEEKING ANYTHING THAT COULD HELP BOWERS AVOID THE DEATH PENALTY. ONE MOTION IS ASKING THE JUDGE TO ALLOW THE JURY TO CONSIDER A CHARGE OF INVOLUNTARY MANSLAUGHTER AFTER THE DEFENDANT HAD A NUMBER OF TIMES DURING THE INCIDENT AND AFTERWARDS TO THE POLICE. HE WAS SAYING THAT HE BELIEVED THAT THESE THAT THE THE -- WERE, QUOTE, KILLING OUR CHILDREN AND THAT THIS WOULD JUSTIFY THE THE INSTRUCTION ON VOLUNTARY MANSLAUGHTER. THAT IS PROBABLY GOING TO BE A VERY TOUGH ARGUMENT TO MAKE. ATTORNEYS FOR BOWERS ARE ALSO ASKING THE JUDGE TO ORDER PROSECUTORS TO IMMEDIATELY TURN OVER DETAILED INFORMATION FROM THE GOVERNMENT’S MENTAL HEALTH EVALUATION OF BOWERS. A PREVIOUS COURT ORDER SAID THE EXAM SHOULD BE SEALED AND WITHHELD FROM BOTH SIDES UNTIL THE PENALTY PHASE OF THE TRIAL. BUT BOWERS ATTORNEYS SAY PROSECUTORS AND AN FBI AGENT WERE PRESENT AT THE EXAM. THE DEFENSE IS ESSENTIALLY SAYING THE GOVERNMENT HAS NOW OBTAINED AN ADVANTAGE THAT WE SHOULD ALSO HAVE. THE DEFENSE ALSO WANTS THE JUDGE TO REVIEW THE GOVERNMENT’S MENTAL HEALTH EXAM AND DISCLOSE ANY FINDINGS THAT COULD BE FAVORABLE TO THE DEFENSE IN THE GUILT PHASE OF THE TRIAL. CERTAINLY THE DEFENSE IS TRYING TO COVER EVERY BASE HERE THAT IF THERE IS ANYTHING IN THOSE REPORTS, PARTICULARLY THE REPORT OF THE GOVERNMENT SIDE PSYCHIATRIST THAT COULD HELP ITS CASE, THEY WANT TO TRY TO KNOW IT NOW. THE JUDGE HAS GIVEN PROSECUTORS A DEADLINE OF 9 A.M. TOMORROW TO RESPOND TO THE DEFENSE MOTIONS.
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Defense team in Pittsburgh synagogue shooting file court motions around charges, mental health exam
Lawyers for Pittsburgh synagogue shooting suspect Robert Bowers have filed several motions seeking judicial orders that could help them at trial.One motion asks the judge to allow the jury to consider a charge of involuntary manslaughter rather than just first-degree murder.St. Vincent College professor Bruce Antkowiak said involuntary manslaughter could be part of a defense that Bowers was delusional at the time of the shooting."The defense motion basically says that the defendant at a number of times during the incident and afterwards to the police was saying that he believed that the Jews were 'killing our children' and that this would justify the jury instruction on voluntary manslaughter. That is probably going to be a very tough argument to make," Antkowiak said.Attorneys for Bowers are also asking the judge to order prosecutors to immediately turn over detailed information from the government's mental health evaluation of Bowers.A previous court order said the exam should be sealed and withheld from both sides until the penalty phase of the trial. But Bowers' attorneys said prosecutors and an FBI agent were present at the exam."The defense is essentially saying the government has now obtained an advantage that we should also have," Antkowiak said.The defense also said it wants the judge to review the government's mental health exam and disclose any findings that could be favorable to the defense in the guilt phase of the trial."Certainly, the defense is trying to cover every base here that if there is anything in those reports, particularly the report of the government psychiatrist that could help its case, they want to know it now," Antkowiak said.The judge has ordered prosecutors to file a response to the motions by Tuesday morning.

Lawyers for Pittsburgh synagogue shooting suspect Robert Bowers have filed several motions seeking judicial orders that could help them at trial.

One motion asks the judge to allow the jury to consider a charge of involuntary manslaughter rather than just first-degree murder.

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St. Vincent College professor Bruce Antkowiak said involuntary manslaughter could be part of a defense that Bowers was delusional at the time of the shooting.

"The defense motion basically says that the defendant at a number of times during the incident and afterwards to the police was saying that he believed that the Jews were 'killing our children' and that this would justify the jury instruction on voluntary manslaughter. That is probably going to be a very tough argument to make," Antkowiak said.

Attorneys for Bowers are also asking the judge to order prosecutors to immediately turn over detailed information from the government's mental health evaluation of Bowers.

A previous court order said the exam should be sealed and withheld from both sides until the penalty phase of the trial. But Bowers' attorneys said prosecutors and an FBI agent were present at the exam.

"The defense is essentially saying the government has now obtained an advantage that we should also have," Antkowiak said.

The defense also said it wants the judge to review the government's mental health exam and disclose any findings that could be favorable to the defense in the guilt phase of the trial.

"Certainly, the defense is trying to cover every base here that if there is anything in those reports, particularly the report of the government psychiatrist that could help its case, they want to know it now," Antkowiak said.

The judge has ordered prosecutors to file a response to the motions by Tuesday morning.