Judge strengthens hold on Nikolas Cruz case

Broward Circuit Judge Elizabeth Scherer issued an order asserting authority over most future hearings in the case against accused Marjory Stoneman Douglas High School shooter Nikolas Cruz.

“All matters in the case … excluding the request for warrants, shall be heard by Judge Scherer,” the order reads. It lists a protocol for finding another judge if she is not available on a particular day.

The order appears to be aimed at preventing a repeat of two weeks ago, when defense lawyers looking for a confidential emergency hearing went to another judge after learning that Scherer was unavailable.

The other judge, Carlos Rebollo, granted and sealed the defense motion Feb. 16, two days after Cruz killed 17 people at the Parkland high school. Prosecutors were not present.

Scherer held a hearing the following Monday in her courtroom and discussed some aspects of the order. She also said she would not entertain motions in the case without both prosecutors and defense lawyers present.

The Broward Public Defender’s Office called for Scherer to step aside from the case for refusing to even consider a hearing with just one side present, which is allowed in certain cases.

She denied that motion earlier this week.

Cruz is charged with 17 counts of murder, and a grand jury is expected to hear the case next week. He could face the death penalty if convicted, but the Broward State Attorney’s Office has said a decision on whether to seek execution is premature.