Parkland school shooting judge erupts at defence team: ‘It’s unbelievable’
The judge overseeing the trial of Marjory Stoneman Douglas High School mass shooter Nikolas Cruz has given the defence a big blast.
The judge of the high-profile trial of Marjory Stoneman Douglas High School mass shooter Nikolas Cruz has unleashed at the defence team after it abruptly rested its case.
Judge Elizabeth Scherer gave an almighty spray after the bombshell move derailed proceedings.
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“Honestly, I have never experienced this level of unprofessionalism in my career. It’s unbelievable,” she said to Cruz’s lawyers in Broward County Court, Florida, on Wednesday, in an exchange that was broadcast live on YouTube.
The defence team had previously stated it would call about 80 witnesses in the hearing which centred on whether the mass murderer would receive life in prison rather than the death penalty.
"This is the most uncalled for, unprofessional way to try a case!" - Judge yells at #ParklandShooter defense team.
— Cathy Russon (@cathyrusson) September 14, 2022
"I have never experienced a level of unprofessionalism in my career. It's unbelievable!"
Judge: "You've been insulting me the entire trial!" pic.twitter.com/EIHPQwyzao
Nikolas Cruz murdered 17 people and injured 17 others when he opened fire on students and staff at Marjory Stoneman Douglas High School in Parkland, Florida in 2018. It is the deadliest high school shooting in US history.
Cruz pleaded guilty to all charges on October 21, 2021. His sentencing has been delayed multiple times and the trial about whether he should receive a death penalty started on July 18 this year.
Cruz’s legal team had previously outlined a broad defence which would centre on his upbringing, mental health issues and failures in the police and education system, the Miami Herald reports.
But the legal team suddenly rested its case on Wednesday, weeks earlier than expected. Instead it centred its strategy on heavy drinking by Cruz’s mother while he was in the womb – stating it “poisoned” his brain. The lawyers concluded the defence after calling just 26 witnesses over 11 days.
The prosecution was caught off-guard by the move and was not able to proceed on the day, delaying the case even further.
“We were waiting for 40 more witnesses,” lead prosecutor Mike Satz said.
Judge Scherer wasn’t impressed by the sudden change, stating “another day” has been “wasted”.
“We’re not playing chess,” she said.
“This is the most uncalled for, unprofessional way to try a case.
“Even if you didn’t make your decision until this morning, to have 22 people, plus all of the staff and every attorney, march into court and be waiting as if it’s some kind of game … now I have to send them home,” she said.
“The state’s not ready, they’re not going to have a witness ready. We have another day wasted.
“I have never experienced this level of unprofessionalism in my career. It’s unbelievable.”
Lead defence lawyer Melisa McNeill responded by saying she had been practising in the area for 22 years.
“You’re insulting me on the record in front of my client, and I believe that I should be able to defend myself,” she said.
But Judge Scherer cut her off.
“You’ve been insulting me the entire trial, blatantly,” the judge said. “Taking your headphones off, arguing with me, storming out, coming late intentionally if you don’t like my rulings. So, quite frankly, this has been long overdue.”
The exchange sparked a heated exchange on social media, with many supporting the judge’s outburst.
Fred Guttenberg, the father of shooting victim Jaime Guttenberg, wrote on Twitter: “I am in complete shock. That is all I will say about the trial at this time. Once the jury renders its verdict, I will have much to say.”
“The judge has gone way beyond what is required to allow the defence to present their case,” another person wrote on Twitter. “Defence counsel deserved this dressing down. Wasting the court’s time is inexcusable.”
However South Florida defence lawyer David Weinstein, who has been watching the case closely, said it was likely the strategy was about limiting cross-examination of more defence witnesses, and further state rebuttal evidence.
“So in the end, it seems that the foetal alcohol syndrome and his juvenile years will be their primary mitigating circumstance,” Mr Weinstein told the Miami Herald.
“This has always been an uphill battle for the defence, so whatever advantage they think that they can get, they are going to use it.”
Retired Miami-Dade senior homicide prosecutor Gail Levine told the Miami Herald the decision was reasonable, and probably spurred by reading the body language of the jury.
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