Judge in Parkland Shooting Case Lambasts Defense Team for Delays, Theatrics: ‘Most Uncalled for, Unprofessional Way to Try a Case!’

Sarah RumpfSep 14th, 2022, 1:15 pm
 
Judge Elizabeth Scherer

Image via screenshot.

The defense attorneys representing Nikolas Cruz in his criminal trial for the shooting at Marjory Stoneman Douglas High School in Parkland, Florida shocked the courtroom Wednesday when they unexpectedly rested their case, despite having called only half of their 80-person witness list, drawing a harsh rebuke from the judge, who blasted their “unprofessional” and “insulting” conduct.

Cruz has confessed to the Feb. 14, 2018 mass shooting at his former high school that left 17 students and teachers dead and 17 others wounded. He pled guilty to 17 counts of first-degree murder and 17 counts of attempted first-degree murder in Oct. 2021.

Accordingly, the only remaining issue in Cruz’s trial is the penalty. Under Florida statutes, first-degree murder can only have two possible punishments: either the death penalty or life in prison without the possibility of parole. Prosecutors have pushed hard for Cruz to be sentenced to death given the especially horrific nature of the crime.

The defense team was about halfway through their witness list of 80 people when the court began Wednesday morning, expecting to hear from two of those witnesses. Instead, the defense attorneys suddenly announced that they were resting their case, Law&Crime Trial Network executive producer Cathy Russon reported, leaving everyone else in the courtroom “blindsided” and Broward Circuit Court Judge Elizabeth Scherer “MAD!”

The issue, as highlighted by Russon, is that the prosecution was expecting days, if not weeks, for the roughly 40 remaining defense witnesses, and were not prepared to immediately proceed with their rebuttal case (for example, the state’s rebuttal witnesses were presumably not yet present in the courtroom).

Judge Scherer was visibly shocked and irate at the defense resting their case so suddenly, leading to this two-minute clip in which she shreds them for their “unprofessional” conduct and past theatrics during the trial:

In the beginning of the clip, the jury is not yet in the courtroom and the defense attorneys were making a motion related to evidence they wished to submit into the record.

“Who is your next witness and when are they being called and which attorney is going to question them?” Scherer asked, urging them to move forward with their case because the jury was waiting.

“Let me be clear, if I wasn’t before, because if these [motions] don’t have anything to do with your next witness, then why are we having a jury wait outside right now?” said the judge, commenting that such motions would be better handled while the jury was on lunch break instead of delaying the start of the day’s proceedings. “So we’ll go ahead and pass on this. Let’s bring the jury in, please.”

Lead defense counsel Melisa McNeill then stood up and said, “Umm, Your Honor?”

“Yes?” responded Scherer.

“Umm, at this time, the defense rests,” said McNeill. “Other than putting in our records,” one of McNeill’s colleagues added.

This resulted in a few seconds of stunned silence from the judge as she stared at the defense table and shook her head.

“We’re not playing chess,” said a clearly annoyed Scherer before asking for the jury to be stopped from entering and telling the defense attorneys to “go ahead and put in your records.”

The defense attorney only got a few words out before the judge interjected. “Lemme just stop — state, are you going to have anything ready for today?”

“No,” replied one of the prosecutors fighting back a smile. “The defense last told us there were 80 witnesses.”

“We were waiting for 40 more witnesses,” his colleague concurred, holding up his hands.

“I just want to say this is the most uncalled for, unprofessional way to try the case,” said Scherer to the defense attorneys. “You, you all knew about this. And even if you didn’t make your decision ’til this morning, to have 22 people plus all of this staff and every attorney march into court to be waiting as if it’s some kind of game,” she said, with the “22 people” referring to the 12 jurors and 10 alternates.

“Now I have to send them home,” Scherer continued. “The state’s not ready. They’re not going to have a witness ready. We have another day wasted. I just, I honestly, I have never experienced a level of unprofessionalism — in my career. It’s unbelievable.”

McNeill attempted to respond, saying they had arrived at 9:15 am to discuss pretrial matters as the judge had requested and adding that she had “been practicing in this county for 22 years” when Scherer cut her off again.

“You know what? I don’t wanna hear it, I don’t wanna hear it,” said Scherer.

“Well, you know, Judge, you’re insulting me on the record in front of my client, and I believe that I should be able to –” the defense attorney attempted again.

Scherer retorted that the attorney could make her objections in the record later. “But you’ve been insulting me the entire trial,” she scolded the defense team, “blatantly, taking your headphones off, arguing with me, storming out, coming late intentionally if you don’t like my rulings, so, quite frankly, this has been long overdue.”

One notable witness who was on the defense list but not called was the shooter’s brother, Zachary Cruz, whose prospective testimony had been discussed in a prior hearing.

Scherer questioned Cruz in detail on his lawyers’ decision to rest the case, and he repeatedly confirmed that he agreed with the decision, even though it meant that he was waiving his rights to call his brother or any other listed or unlisted witnesses, as well as waiving his right to testify on his own behalf.

The prosecution will begin their rebuttal case on Sept. 27, and according to Russon it is expected to take about a week. Closing arguments from both sides are expected to set for the week of Oct. 10. The jurors will be sequestered during their deliberations, according to NBC Miami.

The 17 people who were killed by Cruz are, in alphabetical order, 14-year-old student Alyssa Alhadeff, 35-year-old teacher Scott Beigel, 14-year-old student Martin Duque Anguiano, 17-year-old student Nicholas Dworet, 37-year-old assistant football coach Aaron Feis, 14-year-old student Jaime Guttenberg, 49-year-old athletic director Christopher Hixon, 15-year-old student Luke Hoyer, 14-year-old student Cara Loughran, 14-year-old student Gina Montalto, 17-year-old student Joaquin Oliver, 14-year-old student Alaina Petty, 18-year-old student Meadow Pollack, 17-year-old student Helena Ramsay, 14-year-old student Alexander Schachter, 16-year-old student Carmen Schentrup, and 15-year-old student Peter Wang.

Watch above, via Law&Crime Trial Network.

This article has been updated with additional information.

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Sarah Rumpf - Contributing Editor

Sarah Rumpf joined Mediaite in 2020 and is a Contributing Editor focusing on politics, law, and the media. A native Floridian, Sarah attended the University of Florida, graduating with a double major in Political Science and German, and earned her Juris Doctor, cum laude, from the UF College of Law. Sarah's writing has been featured at National Review, The Daily Beast, Reason, Law&Crime, Independent Journal Review, Texas Monthly, The Capitolist, Breitbart Texas, Townhall, RedState, The Orlando Sentinel, and the Austin-American Statesman, and her political commentary has led to appearances on television, radio, and podcast programs across the globe. Follow Sarah on Threads, Twitter, and Bluesky.