The judge overseeing the penalty trial of the Florida school shooter accused of murdering 17 people four years ago refused to step down, rejecting a motion by his attorneys who accused her of being biased against their client and prejudicing the jurors.
Judge Elizabeth Scherer presides over a hearing in court during the penalty phase of the trial of Marjory Stoneman Douglas High School shooter Nikolas Cruz at the Broward County Courthouse in Fort Lauderdale, Fla., Sept. 12, 2022.
Prosecutors argued in court documents that Scherer's comments didn't rise to the level of demonstrating bias against Cruz. They cited a 1994 U.S. Supreme Court ruling that says a judge's “expressions of impatience, dissatisfaction, annoyance and even anger" against the defense are not grounds for stepping down.
Two attorneys who have monitored the trial said the defense team had no expectation that Scherer would step down — they just want her performance to be part of their appeal if Cruz receives a death sentence. To do that, they had to object now. David S. Weinstein, a Miami defense attorney and former prosecutor, said the defense is also hoping the motion “tempers the way speaks to both sides in open court.”
When McNeill accused Scherer of insulting her in front of her client, Scherer shot back, “You have been insulting me the entire trial," followed by a list of grievances.“If I would have known earlier this was going to be happening, I would not have dragged you in here,” Scherer told the jurors. She then backtracked, telling jurors they should blame her for any delays.
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