FORT LAUDERDALE, Fla. — The choose overseeing the penalty trial of Florida school shooter Nikolas Cruz refused to step down Monday, rejecting a movement by his attorneys who accused her of being biased in opposition to their shopper and prejudicing the jurors who will determine if he ought to die for murdering 17 individuals 4 years in the past.
Circuit Judge Elizabeth Scherer denied the movement, saying solely it was legally inadequate. Scherer final week chewed out lead protection legal professional Melisa McNeill and her group outdoors the jury’s presence, accusing them of being “unprofessional” after they unexpectedly rested their case after solely about 25 of the 80 witnesses they’d advised her and prosecutors they supposed to testify had been known as.
The protection mentioned in court docket paperwork filed final week that these feedback and ones the choose later made to the jury have been “the zenith of the cumulative disdain” they allege Scherer has proven all through the case towards Cruz and themselves. The protection had no obligation to name all its proposed witnesses or notify the choose or prosecution after they deliberate to relaxation, authorized observers have mentioned.
Prosecutors argued in court docket paperwork that Scherer’s feedback did not rise to the extent of demonstrating bias in opposition to Cruz. They cited a 1994 U.S. Supreme Court ruling that claims a choose’s “expressions of impatience, dissatisfaction, annoyance and even anger” against the defense are not grounds for stepping down.
If Scherer had stepped down, a mistrial would have been declared. The new judge would have required months of preparation before a new trial could be held.
Cruz, 23, pleaded guilty last October to murdering 14 students and three staff members at Parkland’s Marjory Stoneman Douglas High School on Feb. 14, 2018. His trial, which began with jury selection in April and testimony in July, is only to determine if he is sentenced to death or life without parole. For him to receive a death sentence, the jury must be unanimous.
Two attorneys who have monitored the trial said the defense team had no expectation that Scherer would step down — they just want her performance to be part of their appeal if Cruz receives a death sentence. To do that, they had to object now.
There was “absolutely no chance” Scherer would quit the case, said Bob Jarvis, a professor at Nova Southeastern University’s law school.
“If she did, she would be admitting that she’s done a terrible job,” Jarvis said. Scherer, a former prosecutor, had never overseen a first-degree murder trial before being assigned the Cruz case.
David S. Weinstein, a Miami defense attorney and former prosecutor, said the defense is also hoping the motion “tempers the way (Scherer) speaks to both sides in open court.”
Starting with pretrial hearings that began more than three years ago, Scherer and McNeill have frequently sniped at each other over the judge’s denials of defense motions and objections.
That sniping turned to shouting on Wednesday when, at the beginning of the court day, McNeill suddenly announced the defense was resting. The prosecution, having expected the defense case to last much longer, wasn’t prepared to begin its rebuttal case.
That necessitated a two-week hiatus in the trial, causing Scherer to berate McNeill and her team.
“This is the most uncalled for, unprofessional way to try a case,” Scherer said. “I have never experienced a level of unprofessionalism in my career. It is unbelievable.”
When McNeill accused Scherer of insulting her in entrance of her shopper, Scherer shot again, “You have been insulting me the whole trial,” followed by a list of grievances.
The jury was then brought into the courtroom and told of the defense decision.
“If I would have known earlier this was going to be happening, I would not have dragged you in here,” Scherer told the jurors. She then backtracked, telling jurors they should blame her for any delays.
Too late, the defense said in its motion — Scherer had already told the panel any frustrations they felt should be directed at them.
Scherer’s courtroom statements revealed her “animosity toward (McNeill) is long held and has infected this entire trial,” the protection argued unsuccessfully.
Before resting, McNeill and her group known as academics, counselors, docs, household associates and specialists in an try to reveal how his late beginning mom’s alcohol abuse throughout being pregnant put Cruz onto a lifelong path of erratic, weird and infrequently violent habits that culminated in the shootings. They additionally tried to present that his adoptive mom, Lynda Cruz, grew to become overwhelmed after her husband died when Cruz was 5.
The protection is making an attempt to overcome the prosecution’s case, which targeted on Cruz’s bloodbath as he stalked a three-story classroom constructing for seven minutes with an AR-15-style semiautomatic rifle. Lead prosecutor Mike Satz performed safety movies of the taking pictures and confirmed the rifle Cruz used. Teachers and college students testified about watching others die.
Satz confirmed graphic post-mortem and crime scene images and took jurors to the fenced-off constructing, which stays blood-stained and bullet-pocked. Parents and spouses gave tearful and indignant statements about their loss.
The trial is now scheduled to resume Sept. 27 and conclude the week of Oct. 10.