FORT LAUDERDALE, Fla. — The defense in the Parkland mass shooting trial is resting its case.
The abrupt announcement came Wednesday morning and sparked criticism from the judge, who accused attorneys of wasting a day of court by not letting anyone know ahead of time.
There was no prior warning to the public, the prosecution or the judge. Defendant Nikolas Cruz, 23, did not take the stand, and prosecutors were not prepared to begin presenting its rebuttal case. Broward Circuit Judge Elizabeth Scherer was visibly stunned before launching into a blistering criticism of the defense team.
“We’re not playing chess,” she said. “This is the most uncalled for, unprofessional way to try a case.
“You all knew about this. Even if you didn’t make your decision until this morning,” Scherer said. “To have 22 people plus all of the staff and every attorney march into court and be waiting as if it’s some kind of game ... I have never experienced a level of unprofessionalism in my career. It’s unbelievable.”
Lead defense lawyer Melisa McNeill attempted to explain the decision, but the judge told her to wait.
“Well judge, you’re insulting me on the record in front of my client,” the attorney said.
“You’ve been insulting me the entire trial,” Scherer responded.
Jurors were not in the courtroom to hear the tense exchange.
The decision to rest isn’t final until it’s announced to the jury, but lawyers on both sides are now preparing to shift from the defense case back to the prosecution, which is entitled to present a rebuttal to refute the testimony of experts who say Cruz suffered from mental illnesses that were never adequately addressed during his childhood.
The defense case, as outlined by McNeill in her Aug. 22 opening statement, walked a tightrope, asking the jury to show mercy to their client because of his poor mental health without using that issue to excuse what he did at Marjory Stoneman Douglas High School on Feb. 14, 2018.
Cruz, 23, has confessed to killing 17 people and wounding 17 others in Parkland in a Valentine’s Day massacre.
Unlike the prosecution’s case, which drew to a climax with the jury’s tour of the preserved crime scene, the defense case ended without a big reveal, with only 26 of 80 anticipated witnesses called to the stand, and without the testimony of the person closest to the defendant, his brother, Zachary Cruz.
The defendant the death penalty for each of the 17 murders he committed. Defense lawyers sought to convince jurors he was in a lifelong battle for control of his own behavior, and they will challenge likely prosecution efforts to downplay his mental health history.
A jury’s unanimous vote is required to sentence Cruz to death; otherwise he will be sentenced to life in prison.
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