Search for Parkland shooter’s jury restarts amid a dispute
FORT LAUDERDALE, Fla. — The judge overseeing jury selection for a man who murdered 17 people at a Florida high school declared that the process would start over Monday, after prosecutors and defense attorneys argued that she erred when she didn’t question 11 potential jurors who said they would not follow the law before she dismissed them.
In granting the motion filed by prosecutors in Nikolas Cruz’s case over the strong objection of his attorneys, Circuit Judge Elizabeth Scherer nullified two weeks of work by prosecution and defense lawyers, forcing them to begin the entire process anew Monday.
As a result, almost 250 potential jurors who had said they could sit for a four-month trial will not be called back next month for further questioning over whether they could fairly judge Cruz, who pleaded guilty in October to murdering 14 students and three staff members at Parkland’s Marjory Stoneman Douglas High School on Feb. 14, 2018. More than 1,200 candidates had been screened.
The 12-member jury that will be selected after a two-month winnowing process will decide if Cruz, 23, is sentenced to death or life in prison without parole. The restart will push back opening statements from June 14 to June 21. They had already been delayed from May 31.
Prosecutor Carolyn McCann made her argument after the 11 jurors who were improperly dismissed by Scherer two weeks ago weren’t told to return to court for more questioning Monday — as had been planned — due to a miscommunication error.
Scherer said they would be brought in next week, but McCann argued that more time would be wasted if the potential jurors had to be struck anyway. She said the prosecution has just as much right to question potential jurors and to an untainted final panel as the defense.
“Neither side has been able to talk to these jurors.
In a capital case, the questioning of jurors is important. It is of the utmost importance,” McCann said. “This is not harmless error.”
Melisa McNeill, Cruz’s lead public defender, said Scherer should wait until next week to see if the 11 jurors returned and could be questioned.
“We believe you are committing more error” by dismissing the potential jurors now, McNeill said.
Scherer sided with the prosecution, but gave the defense until Wednesday to conduct research in an effort to change her mind.
Having to start again has been a possibility since April 5 after Scherer’s questioning of a group of 60 potential jurors, the fifth of 21 panels screened before Monday.
With every other group, Scherer only asked if the potential jurors had any hardships that would make it impossible for them to serve from June through September.
With the fifth group, however, she also asked if any would not follow the law if chosen. Eleven hands went up.