Judge: Florida School Shooting Victims' Families Can Testify
Judge Elizabeth Scherer agreed with prosecutors that the statements will be written in advance and given to Marjory Stoneman Douglas High School shooter Nikolas Cruz's attorneys before the parents read them to the jurors.
December 14, 2021 at 12:51 PM
2 minute read
A judge rejected an attempt by Florida school shooter Nikolas Cruz's attorneys to bar the parents and other relatives of his 17 victims from testifying before the jury about the trauma the murders have brought to their lives.
Cruz's public defenders wanted Circuit Judge Elizabeth Scherer to have the victim impact statements read aloud by a neutral third party or played on video to the jurors who will decide early next year whether he is sentenced to death or to life without parole. Cruz, 23, pleaded guilty in October to the February 2018 murders at Marjory Stoneman Douglas High School in Parkland.
Attorney Tamara Curtis said allowing the parents and others to speak directly to the jury could result in "overly emotional displays" that would violate Cruz's constitutional right to a fair trial.
But Scherer agreed with prosecutors, who said the statements will be written in advance and given to Cruz's attorneys before the parents read them to the jurors. The defense will have an opportunity to object if they believe anything that will be said would be unfairly inflammatory, the judge and prosecutors said. Scherer had already ordered that the parents or others cannot call Cruz such phrases as "animal" or "that thing."
"What the defendant is seeking is that the victims in this case be neutralized and they shouldn't be. They have a right under Florida law … to be heard and they have a right to voice their feelings," assistant prosecutor Carolyn McCann said.
She said prosecutors have no incentive to let a parent say something about Cruz that would result in a death sentence being overturned.
"No one wants to do this again," McCann said.
For Cruz to be sentenced to death, the 12-member jury must unanimously agree. If one disagrees, he will receive a life sentence. Jury selection had been set to begin next month, but it now won't likely start until February or March. The trial has been delayed by the COVID-19 outbreak and arguments over what evidence and testimony will be permitted.
Terry Spencer reports for the Associated Press.
NOT FOR REPRINT
© 2024 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 AllEven the Chief Judge Noted the Cost of This Broward Case
Appeals Court Affirms Everglades Foundation Scientist Conviction
Judge Cannon Says She Has No Relationship With Trump and Won't Step Down From Attempted Assassination Case
Trending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Abbott, Mead Johnson Win Defense Verdict Over Preemie Infant Formula
- 3Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 4Meet the Lawyers on Kamala Harris' Transition Team
- 5Trump Files $10B Suit Against CBS in Amarillo Federal Court
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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