Families Get Final Say Before Parkland Shooter Is Sentenced
Nikolas Cruz apologized in court last year after pleading guilty to the murders and attempted murders, but families told reporters they found the apology self-serving and aimed at garnering sympathy.
October 31, 2022 at 12:47 PM
5 minute read
Criminal LawFlorida school shooter Nikolas Cruz will be sentenced to life in prison this week — but not before the families of the 17 people he murdered get the chance to tell him what they think.
A two-day hearing is scheduled to begin Tuesday that will conclude with Circuit Judge Elizabeth Scherer formally sentencing Cruz for his Feb. 14, 2018, massacre at Parkland's Marjory Stoneman Douglas High School. Because the jury at his penalty trial could not unanimously agree that the 24-year-old deserved a death sentence, Scherer can only sentence the former Stoneman Douglas student to life without parole, an outcome most of the families criticized.
Each family of the 14 students and three staff members Cruz murdered can speak, as can the 17 people he wounded during the seven-minute attack. The families gave highly emotional statements during the trial, but were restricted about what they could tell jurors: They could only describe their loved ones and the murders' toll on their lives. The wounded could only say what happened to them.
They were barred from addressing Cruz directly or saying anything about him, a violation would have risked a mistrial. And the jurors were told they couldn't consider the family statements as aggravating factors as they weighed whether Cruz should die.
Now, the grieving and the scarred can speak directly to Cruz, if they choose.
"We are looking forward to speaking without the guardrails that were imposed upon us," said Tony Montalto, whose 14-year-old daughter Gina was murdered.
Broward County Public Defender Gordon Weekes, whose lawyers represent Cruz, said he has no problem with the families expressing their anger directly to Cruz.
"Rightly so," Weekes said. The sentencing hearing "is not only an accountability process, but there are also some cathartic pieces that come from it."
"Hopefully, after expressing (their anger), not only will the community be able to hear the pain they are carrying, the court will be able to hear it and we will move forward."
Cruz is not expected to speak, Weekes said. He apologized in court last year after pleading guilty to the murders and attempted murders — but families told reporters they found the apology self-serving and aimed at garnering sympathy.
That plea set the stage for a three-month penalty trial that ended Oct. 13 with the jury voting 9-3 for a death sentence — jurors said those voting for life believed Cruz is mentally ill and should be spared. Under Florida law, a death sentence requires unanimity.
Prosecutors had argued that Cruz planned the shooting for seven months before he slipped into a three-story classroom building, firing 140 shots with an AR-15-style semi-automatic rifle down hallways and into classrooms. He fatally shot some wounded victims after they fell. Cruz said he chose Valentine's Day so it could never again be celebrated at Stoneman Douglas.
Cruz's attorneys never questioned the horror he inflicted, but focused on their belief that his birth mother's heavy drinking during pregnancy left him brain damaged and condemned him to a life of erratic and sometimes violent behavior that culminated in the massacre — the deadliest mass shooting to go to trial in U.S. history.
After Cruz is sentenced, he will be transferred from the Broward County jail to the state correctional system's processing center near Miami, then later to a maximum-security prison, his lawyers have said. The Florida Department of Corrections declined to comment.
Ron McAndrew, a former Florida prison warden, believes that because of Cruz's notoriety, officials at that prison will place him in "protective management," separated from other inmates, to keep him from being harmed.
Cruz's cell will be 9 feet by 12 feet (3 meters by 4 meters) with a bed, metal sink and metal toilet, McAndrew said. For one hour a day, he will be allowed alone into an outdoor cage that is usually 20 feet by 20 feet (6 meters by 6 meters) where he can exercise and bounce a basketball. Florida prisons do not have air conditioning. McAndrew noted that because Cruz has a life sentence, he will be last in line for education and rehabilitation programs.
Cruz will be kept in protective management until prison officials believe it is safe to place him into the general population, a process that could take years, McAndrew said. It is also possible that Florida could send Cruz to another state in exchange for one of its notorious prisoners, so both could have more anonymity, the former warden said.
But eventually, Cruz will be placed in the general population, McAndrew said. He will be required to bunk, work and mingle with other prisoners. At 5-foot-7 and 130 pounds, Cruz could have difficulty defending himself, though he did attack and briefly pin a Broward jail guard. It is possible a more physically imposing prisoner could become his protector, "but that comes with a horrible price," McAndrew said.
Linda Beigel Schulman, whose son, teacher Scott Beigel, was murdered by Cruz, said she hopes Cruz "has the fear in him every second of his life just the way he gave that fear to every one of our loved ones whom he murdered, or the students and people that he harmed."
Craig Trocino, a University of Miami law professor, said one benefit of Cruz receiving a life sentence is that he will fade from public view; a death sentence would have brought a decade of appeals, with the possibility of a retrial, and eventually an execution. Each step would have been covered extensively.
"No one is going to hear about him anymore until he dies," Trocino said.
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 AllJudge 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 readFormer FTX Executive Caroline Ellison Sentenced to Two Years in Prison, $11 Billion Forfeiture for Fraud
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