FORT LAUDERDALE, FLA. (WSVN) - A court complaint has been filed against the presiding judge in the sentencing trial for the Parkland shooter, and officials with the Florida Bar said a defense attorney is the subject of a pending investigation.
Cameras captured Broward County Circuit Judge Elizabeth Scherer as she embraced members of the prosecution team at the very end of the sentencing phase.
The months-long odyssey was filled with horror, anger, exchanges and rude gestures not often seen in a courtroom.
“It’s emotional, it’s traumatic. There’s no going around it,” said Ernest Chang, president of the Florida Association of Criminal Defense Lawyers
Now, the judge’s actions have left some legal observers concerned. Among them is Chang.
“The judge needs to be a neutral magistrate. To go hug one side, I think that’s inappropriate, whichever side,” he said.
Chang on Thursday sent a letter to Jack Tuter, Chief Judge of the 17th Judicial Circuit, calling Scherer’s behavior toward the shooter’s defense team “hostile and demeaning” and “rude and animated.”
Chang said he’s less concerned about the hugging than exchanges between the judge and the shooter’s defense team.
“Now please go sit down. You’re inappropriate and out of line,” Scherer said to Chief Assistant Public Defender David Wheeler on Tuesday.
The last phase of the sentencing trial began with the victims’ heartbroken families finally having their say to the man who killed their loved ones.
But some aimed their words at his public defenders.
“Karma, karma. This is what you owe for the rest of your miserable lives,” said Patricia Oliver, the mother of victim Joaquin Oliver.
“You obviously have a very high tolerance for murder. God knows what you’re showing your kids on television,” said Max Schachter, the father of victim Alex Schachter. “How could you sit there listening to what he did and not say this is not the worst of the worst?”
Lead defense attorney Melisa McNeill asked Scherer to control the personal attacks.
“I did my job, and every member of this team did their jobs, Judge, and we should not personally be attacked for that, nor should our children,” she said.
McNeill was backed by her boss, Broward County Public Defender Gordon Weekes, and the issue continued to escalate.
“If they were talking about your children, you would definitely notice it,” said Wheeler.
“You need to sit down right now. You’re out of line. In fact, you’re excused,” Scherer told the attorneys.
“Judge, I asked you to go sidebar on this matter,” said Weekes.
“Sidebar or not, you don’t have one of your assistant public defenders say something about my children,” said Scherer.
“She could have said, ‘I’ve heard your comments, I’ve made my ruling, let’s move on,’ and said it in a very calm and professional manner,” said Chang. “Instead, she treated him like a child, and that’s inappropriate, and that’s what our organization is complaining about.”
At another point, defense attorney Tamara Curtis held a middle finger to her face outside the presence of the judge or jury, making the confessed killer laugh.
There’s no indication that Curtis’ gesture is the reason that the Florida Bar confirmed she is the subject of a pending investigation.
“That’s unprofessional, so I’ll be fair to both sides,” said Chang. “Everyone hates the defense lawyers except when it’s them or their family that are in trouble.”
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