Defense moves again to block Cruz report release

Lawyers for the Parkland school shooter want the judge handling his criminal case to block the release of a report based on his school records — a release authorized by another judge last week.

The Broward School Board commissioned the report in the aftermath of the shooting at Marjory Stoneman Douglas High School. An independent consultant was hired to determine what school officials should have known ahead of time about the threat posed by Nikolas Cruz, who admits killing 17 and wounding 17 more on Feb. 14.

Broward Circuit Judge Elizabeth Scherer is handling the criminal case; Cruz faces the death penalty if convicted. But the school district asked a civil court judge, Patti Englander Henning, to make the report public because it is not a product of the criminal investigation into Cruz’s actions.

That didn’t stop Cruz’s defense lawyers from asking Englander Henning to withhold the report from the public, while lawyers for the South Florida Sun Sentinel and other media outlets argued that it is a public record that should not be hidden from view.

The judge decided last week that most of it should be released. Portions that violate Cruz’s privacy rights were to be blacked out.

Now lawyers are set to appear Friday morning before Scherer. In court papers filed late Monday, Cruz’s criminal defense lawyers argue that he was not properly represented by civil counsel during the hearing before Englander Henning.

“The release of any portion of the report … will significantly impair the defendant’s right to a fair trial before an impartial jury in Broward County,” the defense team wrote.

While the school board appears willing to release the report, it is moving to block the release of video footage from outside the school during the shooting. An appeals court recently authorized that video’s release, but the school board wants the Florida Supreme Court to take up the case.

Scherer decided last week that the public should be allowed to see and hear extensive portions of the statement Cruz gave to investigators after his arrest. The statement will not include the “substance” of his confession, but it could still contain compelling information.