Defense attorneys for the Parkland school shooter are asking the judge to disqualify herself from the case, citing her comments made earlier this week when the defense abruptly rested their case.
In a motion filed late Friday, attorneys for Nikolas Cruz said Judge Elizabeth Scherer has revealed her animosity toward lead defense attorney Melisa McNeil, and that it has "infected" the entire trial.
"Without the benefit of knowing that the Court has held this animosity, Mr. Cruz has accepted numerous adverse rulings as any defendant would in the normal course of a trial," the motion said. "However, now that the Court has made clear that its feelings towards defense counsel are long-standing and pervasive, Mr. Cruz has a reasonable belief that the rulings of the Court have been influenced by its adverse feelings which do not go to the legal issue before the Court."
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In response to the motion, prosecutors said even critical or hostile comments by the judge are not grounds for disqualification, and said Scherer has been respectful to both sides.
Things came to a head Wednesday morning in court wehn McNeil abruptly announced that they would not be calling more witnesses.
“I just want to say this is the most uncalled for, unprofessional way to try the case," Scherer said. “You all knew about this, and even if you didn’t make your decision until this morning, to have 22 [jurors] plus all of this staff and every attorney march into court and be waiting as if it’s some kind of game."
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“Now I have to send them home, the state’s not ready, they’re not going to have a witness ready [for rebuttal], we have another day wasted,” she added. “Honestly, I have never experienced a level of unprofessionalism in my career. It’s unbelievable."
McNeill started to respond to Scherer but was cut off.
"I have been practicing in this county for 22 years…" McNeill started to say.
"You know what, I don't want to hear it," Scherer said.
"Well judge you're insulting me on the record in front of my client and I believe that I should be able to defend myself," McNeill responded.
"You can do that later, you can make your record later but you've been insulting me the entire trial, 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," Scherer said.
Cruz pleaded guilty, last October, to 17 murders and 17 attempted murders at Marjory Stoneman Douglas High School on Feb. 14, 2018.
The defense team called 25 witnesses over 11 days trying to show Cruz is deserving of a life prison term because of a lifetime of physical, mental, and emotional instability.
The state is seeking the death penalty.
Attorneys and the judge will be back in court Monday afternoon. The jury will return the following week, when prosecutors begin presenting evidence rebutting the defense case.
