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Post by catherine on Jun 7, 2022 20:32:40 GMT -5
The Uvalde shooting occurred on May 24th, but it took McNeill two frigging weeks to decide it might prejudice the jury in this case?
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Post by Graveyardbride on Jun 29, 2022 4:32:36 GMT -5
Jury Seated in Parkland Shooter Sentencing Trial
Yesterday (June 28), seven men and five women were tentatively seated to decide whether Nikolas Cruz will live or die for shooting and killing 17 students and teachers and wounding 17 others in the 2018 Valentine’s Day shooting.
The jury will be finalized today. Both sides still have peremptory challenges that could change the final makeup: the defense has two and the prosecution six.
The panel currently includes two bank executives, two technology workers, a probation officer, human resources professional, Walmart stock supervisor, librarian, medical claims adjuster, legal assistant, customs officer and retired insurance executive.
Until now, no American mass shooter who killed at least 17 individuals has made it to trial. Nine others died during, or immediately after, their shooting attacks, either by taking their own lives or being killed by police. Another shooter with a high number of victims facing trial is Patrick Wood Crusius, who killed 23 on August 3, 2019, at a Walmart in El Paso, Texas.
Sources: Taylor Lang, WPBF, June 28, 2022; Terry Spencer, The Associated Press, June 28, 2022; and State of Florida v. Nikolas Jacob Cruz, Case No. 18-001958-CF-10A.
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Post by Graveyardbride on Jul 1, 2022 14:26:15 GMT -5
Defense Motion to Delay Trial Denied, Set to Begin July 18
In a hearing Thursday (June 30), Judge Elizabeth Scherer denied a motion by the defense to continue the trial currently scheduled to begin July 18. In their motion, Cruz’s lawyers cited the recent shootings in Buffalo and Uvalde, Texas, claiming such have unleashed a national “wave of emotion” that could bias jury members.
However, in her order denying said motion, Judge Scherer wrote: “There has not been any negative impact to his fair trial rights and there is no basis to continue this matter.”
Cruz, now 23, has pled guilty to murdering 17 individuals on February 14, 2018, and the seven men and five women seated will decide whether he receives life in prison or the death penalty for his crimes.
The sentencing trial is expected to last approximately four months.
Sources: WFOR, July 1, 2022; The Associated Press; and State of Florida v. Nikolas Jacob Cruz, Case No. 18-001958-CF-10A.
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Post by Graveyardbride on Jul 13, 2022 4:19:24 GMT -5
Defense Moves to Suppress Cruz’s Childhood Psychological Analysis
Opening statements are currently scheduled for Monday, July 18, in the penalty phase of the trial to determine whether Nikolas Cruz will spend the remainder of his life in prison or die by lethal injection. In the meantime, pretrial motions continue with the defense team attempting to keep certain information from the jury, including the results of a detailed psychological analysis of their client’s behaviors as a child. Cruz’s lawyers contend the report should remain confidential, while prosecutors dismiss such arguments as meaningless, citing conflicting reports between two different psychologists.
At yesterday’s hearing, the state presented evidence that as a 6-year-old child, the Defendant was capable of age-appropriate tasks such as brushing his teeth, setting a table and using a microwave oven. The defense countered, claiming at age 12, Cruz had the mindset of a 1-year-old and knew only 50 words, but prosecutors argued the Defendant’s school records over the years do not support this claim. “The defendant brushed his teeth when he was 6-7 years of age,” Assistant State Attorney Jeff Marcus told the court. “Whether or not he could zip up a jacket, button a shirt, that he could play a game like Tetris on his phone: these are all relevant questions as to his adaptive behavior.”
Additionally, it is still uncertain whether Judge Elizabeth Scherer will allow the jury to see the Defendant’s internet searches and social medial posts, evidencing his thoughts on mass shootings and seeming obsession with Adolf Hitler.
Sources: Linnie Supall, WPTV, July 12, 2022; and State of Florida v. Nikolas Jacob Cruz, Case No. 18-001958-CF-10A.
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Post by catherine on Jul 13, 2022 5:42:53 GMT -5
I can't understand why the judge didn't deny the defense motion outright. On page 1 of this thread in the article "Redacted Portions of Independent Review of Nikolas Cruz’s Educational Record," it is shown that he did well in classes he liked, but if he had a problem with a teacher or didn't like the class, he put on his crazy act. His lawyers had him looking at children's books in court to try to fool people, but in his letters, he's able to spell the names of gun manufacturers (like "Kalashnikov") that the average person can't spell. I've said from the beginning he's crazy like a fox and I hope the judge and jurors are able to figure that out for themselves.
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Post by Graveyardbride on Jul 19, 2022 6:04:27 GMT -5
Trial Begins, Prosecutor Describes Shooting in Grisly Details
The trial of Parkland shooter Nikolas Cruz got underway yesterday (July 18) at the Broward County Courthouse with Assistant State Attorney Michael Satz describing, in grisly detail, the 2018 Valentine’s Day shooting. Some students were shot as they sat in their desks and others as they ran for their lives.
“This is what the Defendant said,” the prosecutor told the jury: “‘Hello, my name is Nik. I’m going to be the next school shooter of 2018. My goal is at least 20 people with an AR-15 and some tracer rounds. It’s going to be a big event and when you see me on the news, you’ll know who I am. You’re all going to die. Ah yeah, I can’t wait!’ What followed was systematic murder.”
Several parents of the slain and wounded students were present during the opening statement and one mother burst into tears and hurried from the court room.
The majority of the parents and other relatives have indicated they believe Cruz should be executed for his heinous acts. “I hope for swift action to hold him responsible,” Lori Alhadeff, the mother of Alyssa Alhadeff, who was among those murdered, told a reporter.
For Cruz to be executed, the jury of seven men and five women must vote unanimously for the death penalty.
Sources: Rafael Olmeda, Scott Travis and Natalia Galicza, The South Florida Sun-Sentinel; Christina Vasquez, WPLG, July 18, 2022; and State of Florida v. Nikolas Jacob Cruz, Case No. 18-001958-CF-10A.
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Post by Graveyardbride on Aug 4, 2022 5:53:51 GMT -5
Parents of Slain Children Testify, Dad Loses ControlOn Wednesday (August 3), one grieving family member after the other described the lost loved ones they lost in the 2018 Valentine’s Day massacre perpetrated by Nikolas Cruz. Most remained somewhat composed during the painful process, but one father, Dr. Ilan Alhadeff, became enraged while discussing his 14-year-old daughter Alyssa. “My first-born daughter, daddy’s girl, was taken from me!” he shouted. “I get to watch my friends, my neighbors, colleagues spend time enjoying their daughters, enjoying all the normal milestones, taking in the normal joys and I only get to watch videos or go to the cemetery to see my daughter. ... This is not normal!”
The mother of 15-year-old Luke Hoyer, said her son was her “miracle baby,” her “Lukey Bear,” and recalled how he thanked her for the card and Skittles she’d placed in his bathroom that Valentine’s Day morning. Those items remained there for a year. Tom Hoyer, Luke’s father, did not see his son that February 14th, but yelled, “Have a good day,” as he left for work. “That’s the kind of exchange you have when you think you have tomorrow,” he stammered.
Shara Kaplan sobbed as she told jurors how sad and upset her two sons were because they weren’t there to protect their younger sister, Meadow Pollack, 18, who needlessly died that day.
Fred Guttenberg, father of 14-year-old Jamie, told the jury he was sorry his last words to his daughter weren’t “I love you” instead of “You gotta go, you’re going to be late,” as he rushed his two kids out the door the last morning of Jamie’s life.
Mitch and Annika Dworet told jurors their son Nick, 17, was a star swimmer who had received a scholarship to the University of Indianapolis and hoped to compete in the 2020 Olympics. Their other son Alex was wounded during the shooting.
“We will always live with excruciating pain,” Mrs. Dworet explained. “We have an empty bedroom in our house. There is an empty chair at our dining table. Alex will never have a brother to talk or hang out with. They will never again go for a drive, blasting very loud music. We did not get to see Nick graduate from high school or college. We will never see him getting married. We will always hesitate before answering the question, ‘How many kids do you have?’”
Some family members chose to have statements read in lieu of testifying. The mother of Carmen Schentrup wrote that her 16-year-old daughter was a straight-A student whose letter announcing she was a semifinalist for a National Merit Scholarship arrived the day after she was killed. She aspired to become a doctor and possibly search for a cure for amyotrophic lateral sclerosis, commonly known as Lou Gehrig’s disease.
As each family member testified, others awaiting their turn, sobbed. And after leaving the stand, instead of exiting the courtroom, the mothers and fathers joined other parents in the audience, hugging and comforting their counterparts and offering tissues from packets some had brought with them for what they realized would be a sad and difficult occasion.
The testimony was so heart-wrenching that Nikolas Cruz, his head bowed, blushed crimson at times, and defense attorneys Nawal Najet Bashiman (pictured above) and Tamara Curtis wiped back tears.
Although most jurors sat stoically while each parent said his/her piece, some were observed discreetly attempting to hide their tears. Sources: Terry Spencer, Associated Press, August 3, 2022; WJAX; CBS News; and State of Florida v. Nikolas Jacob Cruz, Case No. 18-001958-CF-10A.
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Post by Graveyardbride on Sept 14, 2022 23:39:19 GMT -5
Defense Rests, More than 50 Witnesses Won’t Be Called to Testify
The prosecution, jury and courtroom spectators were shocked today (September 14) when attorneys representing Nikolas Cruz suddenly rested their case, leading Judge Elizabeth Scherer to admonish lead public defender Melisa McNeill.
The defense had planned to call 80 witnesses and just 26 had testified when McNeill made the announcement. Clearly incensed, Judge Scherer, out of the jury’s presence, harshly criticized the veteran public defender. “Even if you didn’t make your decision until this morning, to have 22 people, plus all of the staff and every attorney, march into court and be waiting as if it’s some kind of game – now I have to send them home,” she said. “The state’s not ready, they’re not going to have a witness ready. We have another day wasted. I honestly ... I have never experienced [this] level of unprofessionalism in my career. It’s unbelievable.”
An equally irritated McNeill shot back: “You’re insulting me on the record in front of my client, and I believe that I should be able to defend myself.”
“You’ve been insulting me the entire trial – blatantly,” Scherer retorted. “Taking your headphones off, arguing with me, storming out, coming late intentionally if you don’t like my rulings. So, quite frankly, this has been long overdue.”
Scherer questioned Cruz regarding McNeill’s decision to rest her case. “Are you comfortable with the decision?” she asked. The Defendant answered in the affirmative.
Although McNeill has attempted to present Cruz as a hopelessly flawed human being through no fault of his own, prosecutors have argued his decision to open fire on unarmed students and staff members – preceded by months of expressing a desire to kill on social media – was premeditated and calculated.
It also has been noted that Cruz is manipulative and says and does what he feels will best serve his purposes at the moment. For example, in October 2021 when he pled guilty to the shootings, he apologized, saying:
“I am very sorry for what I did and I have to live with it every day. And if I were given a second chance I would do everything in my power to try to help others. And I am doing this for you. I do not care if you do not believe me, and I love you and I know you don’t believe me, but I have to live with this every day and it brings me nightmares and I can’t live with myself sometimes, but I try to push through because I know that that’s what you guys would want me to do. ... I’m sorry and I can’t even watch TV anymore, and I’m trying my best to maintain my composure and I just want you to know that I’m really sorry and I hope you give me a chance to try to help others. I believe it’s your decision to decide where I go – whether I live or die, not the jury’s. I believe it is your decision. I’m sorry.”
Although he seemed sincere and a few fell for his act, others are convinced Cruz is “crazy like a fox.” Seven months after his apology, 33 pages of his writings and drawings – created in the spring of 2022 – were confiscated from his cell. One of his doodles depicts a man with a gun shooting at students, and in one of his comments, he writes, “I ask for mass murders [sic] and terrorists to destroy this fucking country and spread evil and destruction.”
Sources: Peter Burke, WPTV, September 14, 2022; Rafael Olmeda and David Fleshler, The South Florida Sun-Sentinel, September 14, 2022; Brittany Wallman, The South Florida Sun-Sentinel, August 20, 2022; WPLG, October 21, 2021; and State of Florida v. Nikolas Jacob Cruz, Case No. 18-001958-CF-10A.
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Post by pat on Sept 15, 2022 4:52:00 GMT -5
People are saying that McNeill realized the jury just isn't falling for the defense claims that Cruz is mentally incompetent and she's making sure there will be grounds for an appeal.
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Post by jane on Sept 15, 2022 12:47:26 GMT -5
People are saying that McNeill realized the jury just isn't falling for the defense claims that Cruz is mentally incompetent and she's making sure there will be grounds for an appeal. I don't think the jury believes he's mentally impaired either. His mother may have drank and used drugs while she was pregnant with him, but I think he's just a manipulative little bastard whose adoptive mother couldn't control him. She told people she was afraid of him, yet she allowed him to buy guns. I think she was simply too old to deal with him and allowed him to do anything he wanted. He deserves the death penalty, but even if the jury votes for death, it will be one appeal after the other and he'll probably die of old age before he's executed.
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Post by Graveyardbride on Oct 13, 2022 13:59:05 GMT -5
Parkland Shooter Sentenced to Life
Family members of some of Nikolas Cruz’s victims shook their heads in disbelief and members of the jury averted their gaze when it was announced the gunman, who killed 17 and wounded 17 others on February 14, 2018, would spend the remainder of his life in prison.
Tony Montalto, the father of 14-year-old Gina Montalto, described the verdict as a “gut punch” to the Parkland families who are forced to watch as “the monster that killed” their loved ones “gets to live to see another day.” Montalto was livid. “This shooter did not deserve compassion,” he raged outside the courtroom. “Did he show the compassion to Gina when he put the weapon against her chest and chose to pull that trigger, or any of the other three times that he shot her? Was that compassionate?”
The parents of Alyssa Alhadeff, another 14-year-old victim, also expressed their disapproval. “I’m disgusted with those jurors,” Ilan Alhadeff, the girl’s father, told reporters. “I’m disgusted with the system, that you can allow 17 dead and 17 others shot and wounded, and not get the death penalty. What do we have the death penalty for?”
The prosecution argued Cruz’s shooting rampage at Marjory Stoneman Douglas High School was premeditated, as well as heinous and cruel. One of those who testified for the state was Dr. Charles Scott, who told the jury Cruz knew right from wrong. “So, it’s not that he didn’t know or understand that. He did.” Scott, who interviewed the shooter in jail, added that in Cruz’s own words, the shooting ended because “I didn’t have anyone else to kill.”
Somewhere during the process, however, the defense managed to convince jurors the Defendant wasn’t responsible for his actions and that his problems began in the womb of his alcoholic, drug-addicted mother.
Sources: WPTV, October 13, 2022; Reuters, October 13, 2022; CNN; and The Associated Press.
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Post by pat on Oct 13, 2022 18:34:55 GMT -5
A lot of people are upset that he didn't get death. If he isn't held in protective custody in prison, he'll end up like Jeffrey Dahmer.
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Post by Graveyardbride on Oct 13, 2022 19:45:02 GMT -5
Single Juror Refused to Vote for Death Penalty
Jurors on the panel selected to decide the sentence of Nikolas Cruz for murdering 17 students and staff members and wounding 17 others have revealed one individual, Denise Cunha, aka Juror No. 3, refused to join the other 11 in imposing the death penalty. Foreperson Benjamin Thomas told a reporter Cunha was adamant from the beginning of deliberations that the Defendant was mentally ill and should not be sentenced to death.
“We did not go back there and try to hash things out,” a second juror revealed. “There was one juror that was just very set in what she believed and that was life.”
Cunah, however, denied claims she made up her mind before the trial began, but in a note passed to the judge, admitted others on the panel were “extremely unhappy” with her.
Family members of Cruz’s victims said that they were exceedingly unhappy with the verdict. “We are beyond disappointed with the outcome,” said Lori Alhadeff, the mother of 14-year-old Alyssa Alhadeff. “This should have been the death penalty, 100 percent. I sent my daughter to school and she was shot eight times!”
The decision also was condemned by Gov. Ron DeSantis. “I just don’t think anything else is appropriate except a capital sentence,” he told reporters. “Our justice system should have been used to punish this shooter to the fullest extent of the law.”
Sources: Chloe Folmar, The Hill, October 13, 2022; and The Florida Sun-Sentinel.
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Post by Graveyardbride on Oct 14, 2022 21:05:49 GMT -5
State Requests Law Enforcement Interview ‘Juror X’
Just hours after the jury in the penalty phase of the Parkland Shooter case rendered a verdict, prosecutors filed a motion requesting that Judge Elizabeth Scherer allow law enforcement officers to interview a juror who claims she felt threatened by another juror during deliberations. Although the juror in question is referred to as “Juror X” in the pleading, it is presumed she is Denise Cuhna, whom some say had made up her mind Nikolas Cruz was mentally incompetent prior to deliberations.
According to the motion, “Juror X spoke to a support staff member and informed the support staff member that during deliberations she received what she perceived to be a threat from a fellow juror while in the jury room.” While no one in the state attorney’s office responded to the juror’s note at the time, prosecutors contend such is a “serious allegation because a crime may have been committed.”
There are rumors Cuhna refused to consider a guilty verdict, however, Benjamin Thomas, jury foreman, told a reporter, “We went through all the evidence and some of the jurors just felt that was the appropriate sentence. I didn’t vote that way, so I’m not happy with how it worked out, but everyone has the right to decide for themselves.” He added he feels bad for the families of the dead and wounded victims and that “it hurt” to watch their reactions when the verdict was read.
Sources: Peter Burke, WPTV, October 14, 2022; and State of Florida v. Nikolas Jacob Cruz, Case No. 18-001958-CF-10A.
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Post by Graveyardbride on Jul 26, 2023 5:10:06 GMT -5
Judge Elizabeth Scherer Reprimanded for Misconduct During Parkland Shooter Trial
Judge Elizabeth Scherer, who presided over the Parkland school shooter trial, has been officially reprimanded by the Florida Supreme Court for bias toward the prosecution. The decision by the state’s highest court that she had “engaged in inappropriate behavior” was unanimous.
It was noted by the 15-member state commission charged with investigating allegations of judicial misconduct that after sentencing Nikolas Cruz, 24, to life in prison, she actually stepped down from the bench and hugged several prosecutors. In her defense, she told the commission she had offered to hug defense lawyers as well.
“In limited instances during this unique and lengthy case, Judge Scherer allowed her emotions to overcome her judgment,” the commission concluded in its report filed June 2. It also was noted that during the six-month penalty trial to determine whether Cruz would be sentenced to death or life without the possibility of parole, the judge continually sparred with defense attorneys on live television. Additionally, she “unduly chastised” members of the defense team and falsely accused one member of “threatening her children,” the commission charged. “[Scherer] admits that her conduct fell below what is reasonably expected of a trial judge and had the potential to damage the perception of the judiciary and our system of justice in ways that cannot be easily cured,” the report continued.
In conclusion, the panel wrote: “The worldwide publicity surrounding the case created stress and tension for all participants. However, regardless of the gravity of the accusations or level of attention given a matter, the commission expects that a judge will ensure due process, order, and decorum, and act always with dignity and respect to promote the integrity and impartiality of the judiciary. In limited instances during this unique and lengthy case, Judge Scherer allowed her emotions to overcome her judgment.”
Because of her misconduct during the Cruz trial, at the request of the defense attorney, she was disqualified from the case of a death-row inmate in April.
In May, the 46-year-old judge, who was randomly assigned to the Parkland case, announced her resignation from the bench effective June 30.
Sources: Rebecca Rosenberg, Fox News, July 25, 2023, and WTVT, July 24, 2023.
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