Cruz may face death penalty

Prosecutors weigh strategy; some parents prefer a life sentence

There is only one real question in the case of the State of Florida vs. Nikolas Cruz: Will he be executed or will he serve multiple life terms in prison, with no hope of being freed?

On Tuesday, the Broward State Attorney’s Office announced that — at least for now — prosecutors plan to seek the death penalty for the accused Parkland school shooter.

Some of the victims’ relatives immediately said they do not want prosecutors to go through a lengthy trial to get a death sentence. They would prefer it if Cruz spends the rest of his life in prison.

Family members of at least one victim said that they felt the announcement was premature and they wished prosecutors had consulted with them before making a decision.

“I’m annoyed. I would have loved an opportunity to be heard,” said Fred Gutten-

berg, whose 14-year-old daughter, Jaime, was murdered.

“I wish they would have asked the families what they wanted before they made that announcement,” he said. “We were under the impression that, after the arraignment on Wednesday, we would have an opportunity to speak with the prosecutors before a decision was made.”

Broward Public Defender Howard Finkelstein and the defense team has offered to have Cruz plead guilty in exchange for multiple life terms.

The State Attorney’s Office listed seven “aggravating factors” that a jury could use to justify ordering Cruz’s execution for the Feb. 14 shooting rampage at Marjory Stoneman Douglas High School.

Those factors include the “heinous, atrocious and cruel” nature of the crime; the “cold, calculated and premeditated” manner in which it was carried out; and the fact that 17 victims were murdered and another 17 people were shot but survived.

Guttenberg said he spoke with a victim advocate within the first week after the murders but thought he would have another opportunity to provide his input.

“At the time, I was leaning towards wanting a trial because I didn’t really know what that meant,” Guttenberg said.

Since then, he said he has learned that it could take 10 years for the case to go to trial, followed by 20 or more years of appeals: “I’d rather he [Cruz] would go spend the rest of his life general population in a prison, whatever that means for him.”

He’s charged with 17 counts of murder and 17 counts of attempted murder.

Very shortly after Cruz, 19, of Parkland, was arrested on Feb. 14, his attorneys announced he wanted to plead guilty.

“We are still ready to enter a plea of ‘guilty’ to several consecutive life sentences, without parole, out of respect for the victims of this tragedy,” said Gordon Weekes, the chief assistant public defender who is the spokesman for the defense team.

Andrew Pollack, whose 18-year-old daughter Meadow was murdered, said someone from the State Attorney’s Office called him on Monday and told him the announcement would be made on Tuesday. It’s possible, Pollack said, that prosecutors might change their plan later on.

“Death by injection would be too easy for him so I’d rather he rot in prison,” Pollack said. “If I was able to choose the method or the way the death penalty was inflicted, then I’d be in favor of it … He shot my daughter nine times.”

“Who needs a long trial spread out and have all the families have to go through that when he could just be locked up for the rest of his life?” Pollack said.

Pollack doesn’t use Cruz’s name but refers to him by the criminal case number “18-1958” and also calls him “the thing.”

But he said he wants to focus on fixing gun laws and preventing future tragedies.

“I’m channeling my energy towards prevention because nothing is going to bring my kid back,” he said. “My kid’s not coming back.”

State Attorney Mike Satz plans to personally prosecute the case.

His announcement regarding the death penalty means it remains on the table for the foreseeable future. Prosecutors must announce within 45 days after arraignment if they are seeking the death penalty, but they can also drop it any time they choose. If prosecutors don’t file that paperwork in the first 45 days, they can’t go back later and begin seeking execution.

“That could change, nothing is set in stone,” said Constance Simmons, a spokeswoman for Satz. Filing a notice of intent to seek the death penalty does not mean prosecutors must continue to pursue that as the case progresses, she said.

Satz and other staff members tried to contact each victim’s family before the announcement and will continue to meet with them and consult with them in the next few days, weeks and months, Simmons said.

Lin Chen’s cousin, Peter Wang, 15, was also murdered in the mass shooting. She said she never really thought about the death penalty before and still has mixed feelings about capital punishment. But overall, she thinks execution may be appropriate for Cruz.

“I don’t want anyone to die, but what he has done is just unforgivable,” Chen said. “For him to kill so many people … He took the chance away of people living a good life so I don’t think he deserves a good life.”

Local experts on the death penalty said Satz had little choice but to pursue the death penalty at this stage in the investigation.

“It would be eyebrowraising if Satz didn’t seek the death penalty for now,” said veteran defense attorney Dave Bogenschutz, who worked with Satz and unsuccessfully ran for election against him in 1976.

Bogenschutz said the prosecution and defense don’t have all the relevant facts yet in such a massive investigation.

For the defense, that means getting Cruz evaluated mentally, Bogenschutz said: “What if the guy has some unusual and arcane mental disorder that you can’t just diagnose by looking at him?”

For the prosecution, he said, it means keeping their options open while they figure out everything that happened and consult with the victims’ families and the survivors.

Florida is a victims’ rights state and our laws require prosecutors to consult with and inform crime victims about every important step in the case, Bogenschutz said.

“The victims have a right to be heard but the prosecutors don’t have to do what they say,” Bogenschutz said. “It’s a hard call — what do you do if you’re the State Attorney and three victims’ families want him to get the death penalty and 14 don’t?”

If the case goes to trial, it will take a very long time to prepare, prosecute and defend, said H. Dohn Williams, a former public defender who is now in private practice.

Williams is one of the defense attorneys on the unrelated 2006 murder of a Broward Sheriff’s deputy. On Tuesday, jurors found the three defendants in that case guilty — 11 ½ years after the shooting.

If the Cruz case goes to trial, it will be a difficult and delicate process for everyone involved, the attorneys said. “The surviving teens who were injured and who witnessed this terrible tragedy in their high school,” WIlliams said. “They’re going to be well through college and will have started their careers before there’s anything close to finality in this case.”