Lawyer's Apparent Illness Delays Florida School Shooter Case
No public explanation was given for the lawyer's absence, but Broward Circuit Judge Elizabeth Scherer asked McNeill's assistants if she was being tested.
May 03, 2022 at 09:00 AM
4 minute read
Criminal LawJury selection in the death penalty trial of Florida school shooter Nikolas Cruz was delayed Monday by at least a week because his lead attorney is apparently ill.
Melisa McNeill, Cruz's lead public defender, was absent from Monday's hearing, which was supposed to be the beginning of the second phase of jury selection but that was postponed until at least May 9.
No public explanation was given for McNeill's absence, but Circuit Judge Elizabeth Scherer asked McNeill's assistants if she was being tested. The attorneys and the judge then held a private conversation, after which Scherer adjourned, saying she hoped everyone stayed well.
Broward County Public Defender Gordon Weekes declined to discuss McNeill's status, including whether she has COVID-19 or any other illness. One of the assistant prosecutors was also absent from Monday's hearing without explanation.
According to the Mayo Clinic, about 525 Broward residents per day are testing positive for the coronavirus — about one case for every 3,700 residents. That's well below last year's peak but about double the state's last reported rate 10 days ago.
Cruz, 23, pleaded guilty in October to murdering 14 students and three staff members on Feb. 14, 2018, at Parkland's Marjory Stoneman Douglas High School. The penalty trial will decide if he receives a sentence of death or life in prison without parole.
Over the last month, Judge Scherer and the attorneys screened almost 1,900 jurors during the first phase, with about 400 saying they could serve from mid-June through September, the trial's expected duration. Those 400 have filled out extensive questionnaires about their backgrounds, their knowledge of the case and opinions on the death penalty.
The second phase will consist of the prosecutors and defense asking the jurors whether they can put aside whatever knowledge they have of Cruz and the extensively covered massacre and vote for his sentence based on what is presented in court. They must also say they can vote for the death penalty if they believe Florida law requires it, but they also don't believe all murderers should face execution.
Those who pass that stage are expected to be brought back a third time for more questioning as the panel is winnowed to 12 jurors and eight alternates.
Scherer and the attorneys present Monday were able to deal with one issue that had been hanging over the case for a month — the judge's erroneous dismissal of 11 potential jurors during initial screening nearly a month ago.
Over recent weeks, the potential jurors were brought to the courtroom typically in groups of 60 or 70. Usually, Scherer asked just two questions: Do you know Cruz or any of the attorneys? Can you serve four months? But during one early group, Scherer asked a third question — Can you follow the law? That was a question that was supposed to be saved for a later phase.
A few jurors raised their hands indicating they could not, then a few more and a few more until 12 hands were raised.
She dismissed those 12 without allowing the attorneys to question them — something they should have been allowed to do. Both sides objected. Scherer tried to get them back, but 11 had already left the courthouse. That led Scherer last week to order that jury selection start anew over the objection of Cruz's attorneys — a decision that would have thrown out 250 potential jurors. Prosecutors feared Scherer had made a mistake that could result in a death penalty verdict being thrown out on appeal.
But Scherer then reversed herself two days later over the objection of prosecutors and said the 250 were still part of the pool.
Summonses were then issued to the 11 — and 10 of them showed up in court Monday. Nine were dismissed because they had work or family conflicts that prevented them from serving for four months, while the 10th said he could serve. He was taken to fill out the questionnaire and will be brought back for the second phase.
The 12 jurors who are eventually chosen will weigh whether aggravating factors such as the number of people Cruz murdered, his extensive planning and his cruelty outweigh mitigating factors such as his long history of mental and emotional problems, his possible sexual abuse and the death of his parents. If one juror sides with the defense, Cruz will receive a life sentence.
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 All'They Got All Bent Out of Shape:' Parkland Lawyers Clash With Each Other
Judge Cannon Says She Has No Relationship With Trump and Won't Step Down From Attempted Assassination Case
Roy Black, 79, Taught Me About ChatGPT and 'Jury Magic'
Judge OKs 'Oversized' Brief Defending Trump Election Interference Prosecution
4 minute readTrending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Trump's Return to the White House: The Legal Industry Reacts
- 3Election 2024: Nationwide Judicial Races and Ballot Measures to Watch
- 4Climate Disputes, International Arbitration, and State Court Limitations for Global Issues
- 5Judicial Face-Off: Navigating the Ethical and Efficient Use of AI in Legal Practice [CLE Pending]
- 6How Much Does the Frequency of Retirement Withdrawals Matter?
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