PITTSBURGH (KDKA) — Lawyers for the accused Tree of Life gunman say even if he’s found guilty, he should not be executed.

Robert Bowers is slated to go to trial next year on charges of killing 11 worshipers at the synagogue.

And he could face the death penalty.

Our news partners at the Pittsburgh Post-Gazette reports that the attorneys for Bowers argue that the federal death penalty is unconstitutional.

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Attorney Judy Clarke wrote that the federal death penalty is “demonstrably unreliable.”