Attorneys in Florida school shooting try to withdraw
FORT LAUDERDALE, FLA. — The public defenders representing Florida school shooter Nikolas Cruz tried to withdraw from his death penalty trial Monday after the judge ordered them to move forward with jury selection even though one member of their five-member team is sick with COVID-19.
Circuit Judge Elizabeth Scherer rejected the withdrawal motion by Cruz’s lead attorney, Melisa Mcneill. The defense then filed a motion asking Scherer to remove herself from the case, accusing her of being biased against Cruz. Scherer dismissed the request.
The defense also filed a motion to delay Cruz’s trial indefinitely, saying the May 24 school shooting in Uvalde, Texas, that left 21 dead has reawakened emotions in Broward County over Cruz’s murder of 17 at Parkland’s Marjory Stoneman Douglas High on Feb. 14, 2018. They said that shooting makes it impossible for him to get a fair trial currently. Scherer did not rule on that motion.
Judge Scherer and Mcneill heatedly argued Monday over the judge’s insistence that jury selection move forward without the presence of Casey Secor, a South Carolina death penalty defense specialist who is assisting Mcneill. Scherer said Secor could watch the proceedings on a video link and communicate with Mcneill by phone or text message.
Scherer accused Mcneill of trying to intentionally provide ineffectual counsel to Cruz by saying her team would not participate without Secor. At one point, Scherer recessed the hearing, telling Mcneill to consult the Florida Bar over what sanctions she might face if she and her team refused to participate. She said four attorneys present for Cruz in the courtroom was enough.