The Atlanta Journal-Constitution

Jury selection starts in trial for jail fight

School massacre suspect accused of brawl with guard.

- By Terry Spencer Associated Press

FORT LAUDERDALE, FLORIDA — A slow slog of jury selection began Tuesday in the trial of the suspect in 2018’s Florida high school massacre on charges that he attacked a jail guard nine months after the shooting.

Prospectiv­e jurors were ushered into the courtroom in groups of 32 and asked basic questions about their knowledge of Nikolas Cruz, the shooting at Marjory Stoneman Douglas High in Parkland that left 17 dead, whether they could put that aside and their availabili­ty to serve. Those who pass this initial screening will be brought back on Oct. 18 for further questionin­g.

The first six of potentiall­y 15 groups were screened Tuesday, with 67 prospectiv­e jurors remaining from those. Most dismissed said they couldn’t judge Cruz fairly — several said they are teachers or Parkland residents. Two women were excused by Circuit Judge Elizabeth Scherer when they began crying shortly after seeing Cruz — the prospectiv­e jurors were not told what case they were being considered for until they entered the courtroom. A third woman became too emotional to answer questions and was also dismissed.

Cruz, 23, brawled with a Broward County jail guard, Sgt. Raymond Beltran, while incarcerat­ed on charges that he murdered 14 students and three staff members on Feb. 14, 2018. No date has been set for the murder trial, which has been delayed by the pandemic and arguments over witnesses and evidence. It may start in the next few months.

Jury selection in a typical jail brawl trial would take a few hours, with lawyers picking jurors and an alternate or two from a pool of 22. Given Cruz’s notoriety, lawyers in this case are scheduled to take up to five days to pick. Testimony is expected to last one or two days, beginning Oct. 19.

In an unusual move Tuesday, the judge, at the request of Cruz’s attorneys, told prospectiv­e jurors that he is jailed in connection with the school shooting. In trials involving crimes in jail, jurors are typically not told why a defendant is incarcerat­ed, because it is irrelevant to what is charged and could prejudice the verdict.

But Cruz’s attorneys want to gauge the prospects’ knowledge of the shooting to make sure they can evaluate the battery case solely on that evidence. His attorneys wanted Scherer to go even further and tell the prospectiv­e jurors the number of victims killed, but she refused, saying that was too inflammato­ry.

Scherer put Cruz under oath and asked if he is in agreement with his attorneys’ request. He softly answered “yes” to her first question and nodded in agreement to the others.

Beltran and Cruz fought on Nov. 13, 2018, with a soundless security camera recording the brawl. Beltran was overseeing Cruz during his recreation period when they suddenly began to argue. Cruz flipped both middle fingers at Beltran and then charged him, starting a minute-long brawl that ended after Beltran staggered Cruz with a blow to the head.

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