FORT LAUDERDALE, Fla. — The defense in the Parkland mass shooting trial rested its case Wednesday, shocking the judge and prosecutors who were unprepared for the start of the next and final phase of testimony.
The abrupt announcement came Wednesday morning and sparked heated criticism from a visibly stunned Broward Circuit Judge Elizabeth Scherer, who accused defense attorneys of wasting a day of court by not letting anyone else 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 had not made preparations to begin presenting their rebuttal case.
“We’re not playing chess,” the judge said when the defense announced its intention. “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,” she 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 sudden end of defense testimony came in stark contrast to the prosecution’s case, which built up to a climactic end with emotional testimony from the family members of the victims and a gut-wrenching tour of the crime scene, preserved since the day of the massacre.
The defense case ran 2 1/2 weeks and consisted mostly of variations on a single theme — the defendant had a long history of mental illness that was recognized from the time he was a toddler but never adequately addressed. While his issues were never presented as an excuse to defend what he did, defense lawyers hoped to drive home the idea that Cruz deserves some degree of mercy.
Witnesses ranged from former teachers and school officials to mental health experts who treated him as a child and tried to help. His sister, Danielle Woodard, testified about their mother but had no insight into Cruz himself. She saw him twice in his life — the day he was born and the day she testified.
Cruz’s brother, Zachary, who was adopted into the same family as Cruz, did not take the stand. He had been portrayed by other witnesses as a bully who tormented Cruz throughout his childhood, although the specific actions were never clear.
Defense testimony ended Tuesday with experts discussing the finer points of fetal alcohol spectrum disorder, the ailment defense lawyers say is most responsible for the defendant’s downward spiral.
The judge asked Cruz a series of questions to make sure the defendant agreed with the decision to stop calling witnesses and that he did not want to testify.
His response? “I think we are good.”
On social media, one victim’s father could not remain silent.
“I am in complete shock,” said Fred Guttenberg, whose 14-year-old daughter, Jaime, was among the slain. “That is all I will say about the trial at this time.”
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 the defense experts.
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 faces 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.
Prosecutors will take a week to present their rebuttal starting on Sept. 27, followed by closing arguments expected the week of Oct. 10.
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