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FORT LAUDERDALE, Fla. (AP) — Lawyers for Florida school shooter Nikolas Cruz suddenly and surprisingly, their case was rested on Wednesday, leading to a shouting match after the judge accused them of a lack of professionalism.
Cruz’s lawyers had told the judge and prosecutors they would call 80 witnesses, but rested at the start of Wednesday’s hearing after calling only about 25. There were 11 days of defense testimony in all, the last two focusing on experts on , how his birth mother’s heavy use of alcohol during pregnancy could have affected his brain development.
The sudden announcement by lead attorney Melisa McNeill led to a heated exchange between her and Circuit Judge Elizabeth Scherer, who, without notice to her or the prosecution, called the decision “the most callous, unprofessional way to try a case.”
The jury of 12 members and 10 alternates was not present, but queued outside the courtroom to enter. The sudden announcement also meant that prosecutors were not ready to begin their extradition case.
Mike Satz raised his hands when Scherer asked if they could begin and with a nervous laugh said “no.”
“We’re waiting for 40 more (defense) witnesses,” Satz said.
Scherer then accused Cruz’s attorneys of being callous to everyone involved, but especially the jurors for wasting their trip to court.
“Having 22 people march into court and wait like it was some kind of game. I’ve never experienced that level of unprofessionalism in my career,” Scherer said, raising his voice.
McNeill angrily responded, “You’re insulting me on the record in front of my client,” before Scherer told her to stop. Scherer then laid into McNeill, with whom she has had a difficult relationship since the court hearings began three years ago.
“You’ve insulted me the whole trial,” Scherer barked at McNeill. “Blankly take off your headphones, argue with me, storm out, be late on purpose if you don’t like my decisions. So honestly, this has been a long time coming. So please have a seat.”
Cruz, 23, pleaded guilty last October to murder 14 students and three staff on February 14, 2018 at Parkland’s Marjory Stoneman Douglas High School. His trial, now in its second month, will only determine whether he is sentenced to death or life without parole.
After his lawyers rested, he told Scherer under oath that he agreed with the decision.
His attorneys’ theme throughout their case has been to show how his birth mother’s alcohol abuse during pregnancy set Cruz on a lifelong path of erratic, bizarre and often violent behavior that culminated in the shootings. They also tried to show that his adoptive mother, Lynda Cruz, was overwhelmed after her husband died when Cruz was 5 and never got him the proper treatment.
They are trying to overcome the prosecution’s case, which focused on Cruz’s massacre when he stalked a three-story classroom building for seven minutes with an AR-15-style semi-automatic rifle. Lead prosecutor Mike Satz played security videos of the shooting and showed the rifle Cruz used. Teachers and students testified to seeing others die.
Satz showed graphic photos from the autopsy and the crime scene and took jurors to the fenced-off building, which is still bloodstained and shot. Parents and spouses gave tearful and angry statements about their loss.
Prosecutors said they will spend more than a week preparing their rebuttal case. The trial is tentatively scheduled to resume on September 27.
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