Epilepsy association says synagogue shooter’s lawyers have misrepresented epilepsy

The lawyers defending the man convicted of murdering 11 worshippers in the Tree of Life building have presented information related to epilepsy “that is misleading, inaccurate and potentially dangerous,” say leaders of the Epilepsy Association of Western and Central PA. 

The defendant, Robert Bowers, was found guilty of all 63 federal counts he faced last month. The trial is now in its second phase, which will determine whether he is eligible for the death penalty. The defense is aiming to prove that the shooters’ mental state rendered him incapable of sufficient intent to kill — citing signs of epilepsy and schizophrenia. 

But EAWCP officials say that defense lawyers are perpetuating “negative social stigma associated with epilepsy” and spreading misinformation that “promotes a misunderstanding that could result in harm to our neighbors, family members and friends who do live with seizures every day.” 

Although it is unclear from the conflicting testimony if the defendant has a confirmed diagnosis of epilepsy, the defense attorneys raised it repeatedly last week as a factor purportedly affecting his mental health.

“Our hearts, prayers and first thoughts are always with the victims and families who lost loved ones in the senseless 2018 tragedy at the Tree of Life Synagogue,” said Peggy Beem Jelley, president & CEO of the EAWCP in a prepared statement. “We can’t imagine how difficult this trial is for the victims and the Tree of Life Synagogue community. Sadly, however, Bowers’ defense is creating hurt among epilepsy patients as well, and we are compelled to speak out on behalf of those patients.”

The information proffered by the defense could cause the public to misunderstand the nature of epilepsy, according to Dr. James Valeriano, chair of the Department of Neurology at Allegheny Health Network and member of the EAWCP board of directors.

“What we don’t want is for people to think epilepsy patients are violent, that they aren’t capable of making sound decisions or that epilepsy patients can’t be trusted,” he said. “Nothing could be further from the truth — there’s just no evidence of that and no reason to believe that epilepsy or typical treatments for epilepsy would affect a patient in that way.”

About 3.4 million Americans live with epilepsy, according to the Centers for Disease Control and Prevention, and “as many as 30% of adults living with epilepsy also suffer from a serious mental health condition such as severe depression, schizophrenia or bipolar disorder.”

Beem Jelley said the EAWCP has been responding to calls from patients and families upset by the information about epilepsy that the defense introduced at the trial last week.

“I know that folks are hearing and reading things that sound wrong, or that they know are wrong, especially about things like mental health issues, depression, etc.,” Beem Jelley said. “I invite everyone to get the information and learn more by contacting the EAWCP.” The organization’s website is www.eawcp.org. 

This story is part of ongoing coverage of the Pittsburgh synagogue shooting trial by the Pittsburgh Jewish Chronicle and the Pittsburgh Union Progress in a collaboration supported by funding from the Pittsburgh Media Partnership.