Defense files motion to disqualify judge from Parkland trial
MIAMI - Attorneys for Parkland shooter Nikolas Cruz filed a motion Friday demanding the removal of Broward Circuit Judge Elizabeth Scherer from the case.
The move follows last week's comments by the judge calling the defense "unprofessional" after the defense rested their case.
Cruz's attorneys allege that Scherer's conduct during the Wednesday exchange revealed "long-held" animosity toward the defense counsel that has "infected" the proceedings and will prevent their client from getting a fair trial.
Read the motion in its entirety:
Last Wednesday, lead defense attorney Melisa McNeill rested their case and that led to a heated exchange between her and Scherer, who called the decision without warning to her or the prosecution "the most uncalled for, unprofessional way to try a case."
The 12-member jury and 10 alternates were not present but were lining up outside the courtroom to enter. The sudden announcement also meant prosecutors weren't ready to start their rebuttal case.
Lead prosecutor Mike Satz threw his hands up when Scherer asked if he could begin and, with a nervous laugh, said "no."
"We're waiting for 40 more (defense) witnesses," Satz said.
Scherer then accused Cruz's attorneys of being inconsiderate to all involved, but especially the jurors for wasting their trip to court.
"To have 22 people march into court and be waiting as if it is some kind of game. I have never experienced such a level of unprofessionalism in my career," Scherer said, raising her voice.
McNeill countered angrily, "You are insulting me on the record in front of my client," before Scherer told her to stop. Scherer then laid into McNeill, with whom she has had a testy relationship since pretrial hearings began more than three years ago.
"You've been insulting me the entire trial," Scherer barked at McNeill. "Arguing with me, storming out, coming late intentionally if you don't like my rulings. So, quite frankly, this has been long overdue. So please be seated."
Cruz, 23, pleaded guilty last October to murdering 14 Stoneman Douglas students and three staff members on Feb. 14, 2018.
His trial, now ending its second month, is only to determine whether he is sentenced to death or life without parole. For a death sentence, the jury must be unanimous.