Parkland School Shooting Survivor Can't Force Attorneys Off Criminal Case
Broward Circuit Judge Elizabeth Scherer rules survivor Anthony Borges lacks legal standing to disqualify attorneys handling the criminal case against confessed shooter Nikolas Jacob Cruz.
April 03, 2018 at 01:18 PM
4 minute read
A lawyer for a survivor of the mass school shooting in Parkland is gearing for appeal after a judge ruled his client lacked legal standing to disqualify attorneys from the criminal case.
Family attorney Alex Arreaza represents Anthony Borges, who was shot five times in the Feb. 14 attack at Marjory Stoneman Douglas High School. He filed a motion on his client's behalf to force lawyers on both sides to step down from the criminal case against confessed shooter Nikolas Jacob Cruz.
But Broward Circuit Judge Elizabeth Scherer rejected the effort to remove the Broward public defender's office, which represents Cruz, and the Broward state attorney's office, which is prosecuting him.
State Attorney Michael Satz has announced he would personally take charge of the case. Assistant Public Defender Melisa McNeill is leading the defense.
“Without any need to address the merits of the claims raised in the instant motions, this court finds that Mr. Arreaza, on behalf of his client, as a nonparty, lacks standing to motion this court for the specific requests for relief set forth,” Scherer ruled in a March 21 order dismissing Borges' filing.
Now, Arreaza wants the judge to clarify her ruling, which he suggests focused on him — and not the victim.
“When you read the order, doesn't it sound like it's addressed to me?” Arreaza asked Tuesday.
He raised the point in a motion for reconsideration and clarification filed March 29.
“The order goes on to mention undersigned counsel, Mr. Arreaza, by name in its decision seven times, yet only mentions the victim, Anthony Borges, on whose behalf the motions were filed, once,” Arreaza wrote. “To be clear, both motions to disqualify were filed on behalf of a victim in this case. Undersigned counsel is not, and never has been, a party to this action, nor is undersigned counsel seeking to be heard on his own behalf.”
Florida's Constitution gives victims the right to participate in criminal proceedings. But the question was how Scherer would interpret Borges' attempt to intervene with a request to remove attorneys.
“I don't know if it was just the wording that she chose … but at some point, it almost makes it sound like the court said I don't have standing,” Arreaza said. “If she doesn't recognize (Borges') constitutional right to be heard, then it's going to be appealed. It's not 99 percent. It's 100 percent going to be appealed.”
The Arreaza Law Firm's 15-year-old client was shot in his torso and both legs during the rampage at the school.
“It's engulfed me,” Arreaza said. “This case has taken up a third of my day for the last month.”
Cruz could face the death penalty after a grand jury indictment charged him with 17 counts of first-degree premeditated murder and 17 counts of first-degree attempted murder.
Arreaza claimed he uncovered documents and behavior that “undermine the credibility and integrity” of the two public agencies on opposing sides of the criminal proceedings.
These documents include a 2016 agreement, the Collaborative Agreement on School Discipline, which sought to stem the arrests of children for minor offenses on school premises.
The agreement was reached by the Broward chief circuit judge, Broward County School Board, the public defender's office, state attorney's office, Broward Sheriff's Office, Fort Lauderdale Police Department, Florida Department of Juvenile Justice and other agencies. Its goal was to correct the disproportionate arrests of minority children for offenses where other peers would go unpunished.
Arreaza suggested the policy helped create an environment that shielded Cruz and masked multiple warning signs — making it a prime piece of evidence in the death penalty case. But he said he doubts either side would use the document because of their participation in its creation.
Arreaza argued this projected failure could lead Cruz to appeal the trial outcome based on “ineffective assistance of counsel,” which could subject the Borges family to a traumatic second trial, according to the attorney.
Broward Public Defender Howard Finkelstein, McNeill's supervisor, and Satz both declined comment.
Arreaza is still fighting Scherer's decision to allow the attorneys to remain on the Cruz case.
“My client's parents don't want anything to fall through the cracks,” he said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTragedy on I-95: Florida Lawsuit Against Horizon Freight System Could Set New Precedent in Crash Cases
2 minute read'You Lied to the Jury': Veteran Awarded $5 Million in Defamation Case Against CNN
4 minute readVedder Price Shareholder Javier Lopez Appointed to Miami Planning, Zoning & Appeals Board
2 minute readTrending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250