The defence has rested its case in the sentencing trial for Parkland shooter Nikolas Cruz, in a bombshell move that derailed proceedings and sparked a furious response from the judge.
“Honestly, I have never experienced a level of unprofessionalism in my career. It’s unbelievable,” Judge Elizabeth Scherer scolded Cruz’s attorneys during a heated exchange in Broward County Court, Florida, on Wednesday morning.
Cruz’s legal team previously said it planned to call around 80 witnesses as they seek to convince jurors to sentence the mass murderer to life in prison without parole instead of to death. Since the team of public defenders began presenting its case back on 22 August, only around 25 witnesses have been called – with widely anticipated testimony from the killer’s brother yet to be heard.
Before jurors entered the courtroom on Wednesday morning, Judge Elizabeth Scherer asked the defence who they were calling as the next witness and which member of the team would be questioning them.
It was then that the defence made the shock announcement that it was resting its case.
“Your honour, at this time the defence rests,” said Cruz’s lead attorney Melisa McNeill.
The move caught the entire courtroom off guard, with the prosecution retorting that they were expecting another 40 witnesses for the defence meaning they were unprepared for their rebuttal case.
Judge Elizabeth Scherer looked baffled by the announcement, saying: “We’re not playing chess.”
After she recovered from the initial shock, she stopped jurors from entering the courtroom and launched into a scathing admonishment of the defence team.
Accusing them of playing “some sort of game”, she branded the actions of Cruz’s attorneys the most “unprofessional” she had ever come across in her career.
“I just want to say that this is the most uncalled for, unprofessional way to try a case,” she fumed.
“You all knew about this and even if you didn’t make your decision until this morning, to have 22 people and all these staff and every attorney march into court and be waiting like some sort of game.
“Now I’m going to have to send them home. The state’s not ready. They’re not going to have a witness ready. We have another day wasted.
“Honestly, I have never experienced a level of unprofessionalism in my career. It’s unbelievable.”
When Ms McNeill tried to respond, the judge said she didn’t “want to hear it”.
Nikolas Cruz is sworn in on 14 September 2022 – the day his defence rested his case
( South Florida Sun Sentinel 2022)
“Judge you are insulting me on the record in front of my client and I believe I should have the right –” said Ms McNeill.
Judge Scherer cut her off, irately accusing the defence attorney of “insulting” her the “entire trial”.
“Okay well you can put that on the record later but you have been insulting me the entire trial, blatantly… taking your headphones off, arguing with me, storming out, coming late intentionally if you don’t like my rulings.
“Quite frankly this has been well overdue,” she said.
Because the prosecution was caught off guard by the defence resting, they said they needed until 27 September to prepare their rebuttal case.
They said they had expected another 40 defence witnesses and had been told on Tuesday that two were being called on Wednesday.
Jurors were not in the room during the heated exchange.
When the panel was called into the courtroom after a brief recess, Judge Scherer took a markedly different tone telling them the lengthy pause in the trial “is nobody’s fault” and that they shouldn’t blame the prosecution or the defence.
Jurors were then excused and the trial put on pause for almost two weeks until 27 September, when the prosecution will begin its rebuttal.
The rebuttal case is expected to take around one week with jurors likely to begin deliberations around 10 October.
Judge Elizabeth Scherer brands lead defence attorney Melisa McNeill ‘unprofessional’
( South Florida Sun Sentinel 2022)
Now the defence has rested, Cruz will no longer be able to take the stand to testify to try to convince jurors to spare his life.
Also notably absent from the defence witnesses expected to be called is Zachary Cruz, the mass shooter’s brother, and Richard Moore, his brother’s roommate.
Cruz was questioned under oath by the judge about the decision and whether he understands that – by resting the case – he has waived his right to testify or call any other witnesses. He agreed “yes ma’am” that he was satisfied with his team’s decisions.
Prosecutors read out the full list of defence witnesses not called to testify and the judge asked Cruz if he wanted to call any of them.
He responded: “I don’t know who those people are. I trust my lawyers.”
Judge Scherer pointed out that he knows who Zachary and Mr Moore are and has met the doctors on the witness list who evaluated him.
The judge gave Cruz a few minutes to discuss the decision with his lawyers, before he responded: “I think we’re fine.”
Zachary, 22, had been expected to testify in his older brother’s defence to speak about their early life and childhood, with the defence and prosecution previously coming to blows over his testimony.
Zachary Cruz, brother of Nikolas Cruz, appears in court in Fort Lauderdale in March 2018
(AP)
Attorneys for Cruz and Mr Moore had filed a motion asking that prosecutors be banned from asking them certain questions, calling some of them “not appropriate”.
The judge denied the motion and ruled that both witnesses would have to answer all questions the state asked them in a deposition.
Zachary has the same biological mother as Cruz and was also adopted by Lynda and Roger Cruz.
The boys’ birth mother was Brenda Woodard who, at the time of her pregnancy with Cruz, was homeless, an alcoholic, a drug addict and working as a prostitute.
When Cruz was born, he was adopted by the Cruz parents. Around one year later, Zachary was born and was also adopted by them, with the boys being raised together.
When Cruz was five and Zachary four, Roger died, leaving Lynda to raise the two boys alone. In November 2017– just three months before the school shooting – Lynda died at the age of 68, leaving the two boys orphaned.
Zacharay, who is 14 months younger than his 23-year-old murderer brother, has stood by Cruz ever since he carried out one of the deadliest school shootings in US history.
He also hit headlines after the massacre when he was given six months probation for trespassing at the school site where his brother went on his murderous rampage.
After a brief stint in jail, Zachary was taken under the wing of Mr Moore and moved from Florida to Virginia to live with him, his husband and son. They had never met prior to the massacre.
Mr Moore has attended some of Cruz’s trial.
The decision not to call the pair comes after prosecutors said that Mr Moore had sent thousands of dollars of commissary to Cruz in prison “this year alone” and claimed that Zachary was starring in a “reality show”.
During the trial, prosecutors spent three weeks presenting graphic details of how Cruz plotted and carried out the attack.
Dr Kenneth Jones testifies about FASD on 13 September
(AP)
Jurors heard heartbreaking testimony from survivors and victims’ families and harrowing testimony about the wounds sustained by the victims. They also toured the school site and saw the blood-stained corridors and classrooms just as they were left in the aftermath of the massacre.
The defence then spent just over two weeks presenting its case, where it argued that Cruz suffered from behavioural and developmental issues and endured a troubled upbringing – and did not receive adequate intervention or treatment.
The last defence witnesses called on Tuesday were experts in fetal alcohol spectrum disorder, who testified that Cruz met the criteria for someone with behavioural and development problems caused by alcohol exposure in the womb.
The latest delay is just the latest in a long line which has seen legal proceedings rumbled on for more than four years on after the massacre.
Back on 14 February 2018, Cruz, then 19, murdered 17 students and staff members in the mass shooting at Marjory Stoneman Douglas High School.
Last October, the 23-year-old pleaded guilty to 17 counts of murder and 17 counts of attempted murder.
Jurors will now decide whether to sentence him to death or to life in prison without the possibility of parole.
