Global Courant 2023-04-14 20:36:30
Florida Judge Elizabeth Scherer has been disqualified from a death row inmate’s case for showing sympathy to the state during the sentencing hearing of Parkland school shooter Nikolas Cruz — including hugging the accuser.
The Florida Supreme Court unanimously voted to relieve the Broward County judge of overseeing any proceedings following the sentencing of Randy Tundidor, who was sentenced to death for the 2019 murder of his landlord.
Cruz pleaded guilty to massacring 17 people at Marjory Stoneman Douglas High School in Parkland, Florida, on February 14, 2018, in one of the deadliest mass school shootings in U.S. history.
Tundidor alleged that during Cruz’s sentencing hearing on November 1, 2022, Scherer “engaged in heated arguments with Cruz’s defense team, accusing one member of threatening her children and telling two members to ‘sit down'”, said the decision. .
JUDGE HAS OUT AT DEFENSE LAWYERS AFTER THEY RESTED THEIR CASE
Judge Elizabeth Scherer during jury deliberations in the penalty phase of the trial of Marjory Stoneman Douglas High School shooter Nikolas Cruz at the Broward County Courthouse in Fort Lauderdale, Florida, Thursday, October 13, 2022. (Amy Beth Bennett/South Florida Sun Sentinel via AP, Pool)
After a three-month criminal trial, the jury failed to reach a unanimous vote in favor of death. Scherer had no choice on November 2 but to sentence Cruz to life in prison without the possibility of parole.
FLORIDA SCHOOL GUN NIKOLAS CRUZ WANTS THE JUDGE BE REMOVED FROM HIS CASE
“Immediately after sentencing, Judge Scherer left court and, still in her court robes, exchanged hugs with the families of the victims and members of the prosecution team,” the decision read.
One of these members is Broward Assistant State Attorney Steven Klinger, who is also the prosecutor in the Tundidor case.
A combination of photos of Broward County Judge Elizabeth Scherer punishing the defense team on Sept. 14, 2022, and Parkland school shooter Nikolas Cruz in court for his criminal case in Fort Lauderdale. (Amy Beth Bennett/South Florida Sun Sentinel via AP, Pool)
Two days later, during an off-the-record status hearing in Tundidor’s case, Scherer asked Klinger how he was doing, and he replied that “words cannot describe” how he felt,” according to the decision.
Tundidor concluded that the pair “felt sorry for their shared disappointment with the outcome of (Cruz’s) case”.
Scherer rejected Tundidor’s motion to remove her from his case and appealed to the state Supreme Court, which ruled on April 13.
READ THE FLORIDA SUPREME COURT DECISION THAT JESSE ELIZABETH SCHERER IS UNDER DEATH PENALTY
The panel wrote that Scherer’s actions “displayed a sympathy with the state” that would cause a reasonable person to fear being deprived of “a fair and impartial proceeding.”
PARKLAND FAMILY MEMBERS CONFRON NIKOLAS CRUZ IN EMOTIONAL CONDEMNATION
The decision specifically refers to Scherer hugging Klinger “in court while still wearing a robe” and their face-to-face exchange two days later reportedly bonded over the jury’s failure to sentence Cruz to death.
Nikolas Cruz’s attorney, Melisa McNeill, will deliver her opening statement on August 22, 2022. (Amy Beth Bennett/South Florida Sun Sentinel via AP, Pool)
It wasn’t the first time Scherer’s behavior had come under fire. Cruz pleaded for a mistrial, which was dismissed, arguing that the judge had repeatedly lashed out at his lawyers — including in front of the jury.
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Defense attorney Melisa McNeill wrote in the motion that the court’s “hostility” toward her “has persisted and tainted the entire trial.”
Rebecca Rosenberg is an accomplished journalist and author of books with a focus on crime and criminal justice. Email tips to [email protected] and @ReRosenberg.
