Florida school shooter case: Defence is seeking the removal of the judge

• Judge Elizabeth Scherer scolded defense for calling only a fraction of their expected witnesses.
• Broward Public Defender’s Office says she has a longstanding animosity toward lead defense lawyer.
• Motion cited Florida’s Judicial Code of Conduct that says judge’s impartiality might be questioned.

On Friday, attorneys for Florida school shooter Nikolas Cruz asked the judge in his murder case to recuse herself, two days after she chastised them for abruptly resting their case after only calling a fraction of the expected witnesses.

According to a motion filed by the Broward Public Defender’s Office, Circuit Judge Elizabeth Scherer has a long history of animosity toward lead defence lawyer Melisa McNeill.

The motion cited Florida’s Judicial Code of Conduct, which states that a judge must recuse himself or herself if his or her impartiality is reasonably questioned, including but not limited to instances where the judge has a personal bias or prejudice against a party or a party’s lawyer. Scherer’s repeated improper and unjustified attacks on defence counsel, according to defence attorneys, undermine public trust in the judicial system and have also caused Cruz to fear that he will not receive a fair trial.

In response, prosecutors stated that Scherer has been respectful to both sides.

Cruz’s attorneys had told the judge and prosecutors that they would call 80 witnesses, but they surprisingly rested at the start of Wednesday’s court session after only about 25 of them had been called.

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There were 11 days of defence testimony in total, with the last two focusing on experts discussing how his birth mother’s heavy use of alcohol during pregnancy may have affected his brain’s development, leading to his murder of 17 people at Parkland’s Marjory Stoneman Douglas High School four years ago.

The unexpected announcement by lead attorney McNeill sparked a heated debate between her and Scherer, who called the decision without warning to her or the prosecution “the most uncalled for, unprofessional way to try a case.”

The 12-member jury and ten alternates were not present, but were waiting outside the courtroom. Because of the sudden announcement, prosecutors were unable to begin their rebuttal case.

Scherer then accused Cruz’s attorneys of being disrespectful to everyone involved, especially the jurors, for wasting their time in court.

Cruz, 23, pleaded guilty in October to the murders of 14 Stoneman Douglas students and three staff members on February 14, 2018. His trial, which is now in its second month, will only determine whether he will be sentenced to death or life in prison without the possibility of parole. The jury must be unanimous in order to pass a death sentence.

Cruz told Scherer that he agreed with the decision after his attorneys had rested.

Prosecutors have stated that their rebuttal case will take more than a week to prepare. The trial is now tentatively scheduled to begin on September 27 and end the week of October 10.

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