Judge ends first round of jury selection in Parkland shooter’s jail assault trial

The second day of jury selection in the jailhouse assault case of the Parkland school shooter came to a premature end Wednesday, after Broward Circuit Judge Elizabeth Scherer exceeded her goal of 100 potential jurors who would not let pretrial publicity affect their ability to decide the case.

Scherer went through nine panels of 32 jurors each over two days, quizzing each about whether they knew the name of the defendant, Nikolas Cruz, or the details about the mass shooting at Marjory Stoneman Douglas High School.

A few were unable to control their tears on seeing the defendant. They and others who admitted they could not be fair were dismissed.

Prospective jurors who did not know about the case or who said they could be fair numbered 106. They were asked to return Oct. 18 for a second round of questions.

Cruz, 23, became visibly upset after a prospective juror cried in the courtroom.

One of his attorneys brought him colored pencils and a piece of paper, prompting a clash between the attorneys over whether he

should be allowed to draw using the pencils to avoid getting upset.

Prosecutor Maria Schneider accused Cruz’s attorneys of giving him the colored pencils to make him appear sympathetic before the prospective jurors.

“They are doing [that] so the jury perceives that he is a child, that his

mentality is somehow challenged,” Schneider said.

Cruz’s lead attorney on the brawl case, Gabe Ermine, told Scherer that was not their intention — they only wanted to soothe his emotions.

Throughout Tuesday’s groups, Cruz had been alert, took notes and conversed with his attorneys — a sharp contrast from Wednesday, when he mostly stared glumly downward.

“I am trying to keep him calm,” Ermine said. “We are not doing this for any nefarious reasons.” He

said Cruz had not actually done any drawing.

Scherer ruled that Cruz cannot be given colored pencils after her courtroom’s lead security deputy told her for safety reasons he is only allowed the pen his guards issued him. When the next group was brought in, Cruz appeared to silently sob behind his pandemic mask before taking a deep breath and somewhat composing himself.

The judge originally planned to go through more than 500 possible jurors to find 100 to move to the second round.

Scherer had another motive for ending jury selection early. Ermine, assigned to the case following the sudden illness of lead defense attorney David Wheeler, told the judge he had a medical emergency of his own. Ermine’s 6-year-old son broke his arm Tuesday. The lawyer showed photos of the injury to the prosecutor and the judge.

Ermine said he was willing to remain in court for a full day of jury selection if needed, but the judge stopped after interviewing three panels instead of the seven that were scheduled.

Cruz is accused of jumping a jail guard on Nov. 13, 2018. He faces a likely maximum of 15 years in prison if convicted. He is also awaiting trial on 17 counts of murder and attempted murder for the Feb. 14, 2018, mass shooting at the Parkland high school.

Testimony in the assault case is slated to begin Oct. 19. Lawyers do not expect the trial to last more than two days.