MIAMI — Parkland shooter Nikolas Cruz’s fate is in the hands of a 12-member Broward County jury.
Last year, Cruz pleaded guilty to murdering 17 people in the February 2018 mass shooting at Marjory Stoneman Douglas High School.
So the jury has two choices — life or death.
The jury must have a unanimous verdict for a death sentence.
Here is a look at what Cruz faces in each scenario:
—Death sentence
If the 12-member jury deliberating the penalty phase of Cruz’s trial unanimously agrees on death, that doesn’t mean he will be executed anytime soon.
He would first face a lengthy — and state-mandated — appeals process that could take years, if not decades, to exhaust before the 24-year-old faces the possibility of death by lethal injection.
“We litigate the decision down to every word, every comma, every period,” said Bruce Fleisher, a Miami criminal defense attorney who has tried 38 death penalty cases over his career. One of his current capital cases dates back to the 1990s.
—No sentence right away
The jury’s decision is technically a recommendation, which means Cruz won’t be sentenced right away. Circuit Judge Elizabeth Scherer would first hold what’s known as a Spencer hearing.
That’s where his attorneys get an opportunity to present evidence that wasn’t seen or heard during the penalty phase, as well as call new witnesses, in an attempt to argue against death.
“This gives the judge more information on possible mitigating factors,” said Miami criminal trial lawyer Terry Lenamon. During the hearings, prosecutors also argue against the new information presented by the defense.
Only after the Spencer hearing can Scherer officially impose the death sentence.
—What is the appeals process for Cruz?
Any defendant who is sentenced to death in Florida gets their case automatically reviewed by the Florida Supreme Court.
“It will be up to them to decide whether Cruz got a fair hearing during the penalty phase,” Fleisher said.
In the motion to appeal, the defendant’s attorney must cite a legal error, such as faulty jury instructions, and “may not simply re-argue the evidence in hopes of getting a different verdict,” the Florida attorney’s office said in a document explaining the process.
—Is there another appeal?
The case can then go to an organization called the Capital Collateral Regional Counsels, Lenamon said.
The CCRC provides death row defendants who have exhausted their direct appeals and legal representation, and who seek to challenge their sentence on grounds not yet argued.
“When a defendant’s direct appeal is completed, the Capital Collateral Counsel is notified to begin post-conviction collateral proceedings. Collateral challenges focus on the effectiveness of trial and appellate counsel, the discovery of new or undisclosed evidence, or other issues that had not been previously raised, but pertain to the defendant’s guilt or the appropriateness of the death penalty,” the CCRC says on its website.
—Taking it to the top federal courts
If all appeals fail, the appellant can argue the case on the federal level, first to the federal district court, then asking a federal appellate court to review the case.
Finally, the appellant can bring the case before the U.S. Supreme Court.
—Can Cruz skip the appeals process?
Cruz can forego the appellate process to hasten being put to death, but few people convicted of a capital crime choose that route.
“Yes, you can. Most people don’t do that,” Fleisher said. “When they get in that position, they do everything they can to save their lives.”
—What about a life sentence?
If the jury does not unanimously decide on the death penalty, Cruz will be sentenced to life.
He would serve the sentence in a state prison. The Department of Corrections would decide on a location.
The sentence would be life without parole, so Cruz would never be released.
“If it’s life, that’s it,” Fleisher said. “Life without parole is life without parole. That means you die in prison, and that’s it.”
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(Miami Herald staff writer David Ovalle contributed to this report.)
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