Parkland shooter's jury selection to start over

FORT LAUDERDALE, FLA. >> The judge overseeing jury selection for a man who murdered 17 people at a Florida high school declared Monday that the process will start over, after prosecutors and defense attorneys argued that she erred when she didn't question 11 potential jurors who said they would not follow the law before she dismissed them.

In granting the motion filed by Nikolas Cruz's prosecutors over the strong objection of his attorneys, Circuit Judge Elizabeth Scherer nullified two weeks of work by prosecution and defense lawyers, forcing them to begin the entire process anew Monday.

As a result, almost 250 potential jurors who had said they could sit for a fourmonth trial will not be called back next month for further questioning over whether they could fairly judge Cruz, who pleaded guilty in October to murdering 14 students and three staff members at Parkland's Marjory Stoneman Douglas High School on Feb. 14, 2018. More than 1,200 candidates had been screened.

The 12-member jury that will be selected after a twomonth winnowing process will decide if Cruz, 23, is sentenced to death or life in prison without parole. The restart will push back opening statements from June 14 to June 21. They had already been delayed from May 31.

Prosecutor Carolyn McCann made her argument after the 11 jurors who were improperly dismissed by Scherer two weeks ago weren't told to return to court for more questioning Monday — as had been planned — due to a miscommunication error.

Scherer said they would be brought in next week, but McCann argued that more time would be wasted if the potential jurors had to be struck anyway. She said the prosecution has just as much right to question potential jurors and to an untainted final panel as the defense.

“Neither side has been able to talk to these jurors. In a capital case, the questioning of jurors is important. It is of the utmost importance,” McCann said. “This is not harmless error.”