FORT LAUDERDALE, FLA. (WSVN) - Concerns of a possible mistrial are over for now on day three of jury selection in the penalty trial for Nikolas Cruz.

The trial for the Parkland shooter is only in its beginning stage of selecting 12 jurors.

Defense attorneys for Cruz decided Wednesday morning to not file a motion for mistrial.

“Your honor, the defense has no motion for this court,” said defense attorney Melisa McNeil.

The idea of conducting a mistrial had been discussed Tuesday after Judge Elizabeth Scherer had dismissed 11 jurors before attorneys were able to question them.

Scherer said she will try to get them back in the courtroom by the end of the month, but it could be tricky.

“I am going to make my best efforts to do that,” said Scherer.

If she is unable to bring back the 11 jurors, the possible mistrial issue may reappear again.

“One of the jurors as they were leaving, someone told me, ‘I’m never coming back,’ made some comment, ‘I’m never coming back here again,’ and didn’t even report back to the jury room, a couple of them never came back,” said Scherer.

“If we are unable to get the inquiry we requested yesterday, then we can revisit,” said McNeil.

Cruz confessed to the murder of the Parkland tragedy and has pleaded guilty to the murder of 17 lives that were lost. The jurors selected will determine his punishment, ether life in prison or the death penalty.

Jury selection could take up to two months and the trial itself up to six months.

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