FORT LAUDERDALE, FLA. (WSVN) - Prosecutors in the Parkland school shooter sentencing trial got more specific in their newest response to the defense team’s motion to disqualify the current presiding judge, saying the defense attorneys “misled the court.”
The latest development comes two days after defense attorneys for Nikolas Cruz filed a motion to have Broward Circuit Court Judge Elizabeth Scherer removed from the case.
The confrontational series of events began after the defense team made a surprising announcement in court, Wednesday.
“At this time, the defense rests,” said lead defense attorney Melisa McNeill.
Defense attorneys suddenly rested their case with at least 40 witnesses still listed to testify.
Scherer did not mince words after she learned of their decision.
“I just want to say, this is the most uncalled for, unprofessional way to try a case,” she said. “You all knew about this. To have 22 people, plus all this 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. The state’s not ready. Honestly, I have never experienced a level of unprofessionalism in my career. It’s unbelievable.”
A heated exchange between the judge and McNeill ensued.
“I have been practicing in this county for 20 years,” said McNeill.
“You know what? I don’t want to hear it,” said Scherer.
McNeill began to respond before Scherer once again cut in.
The attorney said, “Because you’re insulting me on the record in front of my client, and I believe I should be able to…”
“OK, you can do that later … but you’ve been insulting me the entire trial,” said Scherer.
Friday night, the Broward Public Defender’s Office filed a motion demanding Scherer be disqualified.
The motion reads in part: “In essence, that the court has been feeling throughout this trial, and has now stated on the record, has corrupted this trial and should compel the granting of both a mistrial and a recusal so an unbiased jurist can properly try this case without the prejudice Mr. Cruz suffers in this proceeding.”
State prosecutors initially responded on Friday with a brief statement. It reads, “Judicial comments, even of a critical or hostile nature, are not grounds for disqualification.”
But they’ve since changed their response. On Sunday, they fired back with a more detailed statement that reads in part, “The defense team misled the court as to the presentation of their case for that day. Specifically, four members of the defense team, when directly asked about the next witness called, failed to be candid with the court. This adversely impacted the court schedule.”
The trial resumes on Sept. 27.
Following closing arguments, the jury will begin deliberations to decide whether Cruz will be sentenced to death or life without parole. For a death sentence, jurors must be unanimous in their decision.
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