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October 20, 2021

Will guilty pleas and apology reduce odds that Nikolas Cruz is sentenced to death for Parkland school mass murder?

The question in this post is prompted by today's events in a Florida courtroom covered in this CNN article headlined "Nikolas Cruz pleads guilty to murder charges and apologizes for Parkland high school massacre."  Here are excerpts:

Nikolas Cruz, the gunman who carried out the massacre of students and faculty members at Marjory Stoneman Douglas High School in February 2018, pleaded guilty in a Florida courtroom Wednesday to 17 counts of murder and 17 counts of attempted murder.  Cruz, 23, faces a minimum of life in prison and maximum of the death penalty, which will be decided by a jury in the upcoming sentencing phase of the trial.  The prosecution has said they plan to seek the death penalty.

In court, Cruz wore a collared shirt, black vest, face mask and large, thick-framed glasses. He stood at the court lectern and answered Judge Elizabeth Scherer's series of questions with a "yes ma'am" or "no ma'am," and assured her, "I know what's going on." He said he had depression and anxiety, and that he was experiencing anxiety in court, but he said he was able to proceed.

Cruz then responded "guilty" when each of the 34 charges were read to him. Afterward, he apologized to the victims in a short speech.  "I am very sorry for what I did, and I have to live with it every day.  If I were to get a second chance, I would do everything in my power to try to help others," he said. "I am doing this for you, and I do not care if you do not believe me.  And I love you, and I know you don't believe me, but I have to live with this every day, and it brings me nightmares and I can't live with myself sometimes, but I try to push through because I know that's what you guys would want me to do.

"I hate drugs, and I believe this country would do better if everyone would stop smoking marijuana and doing all these drugs and causing racism and violence out in the streets," he continued.  "I'm sorry, and I can't even watch TV anymore.  And I'm trying my best to maintain my composure, and I just want you to know I'm really sorry, and I hope you give me a chance to try to help others.  I believe it's your decision to decide where I go, and whether I live or die.  Not the jury's.  I believe it's your decision. I'm sorry."

The judge then asked Cruz if he understood that a jury, and not the victims' families, would have the legal power to decide his sentence, and he confirmed that he understood. "What I meant was I believe they should have the right to choose, the victims themselves, on whether I should take life or death," Cruz said.

He was then placed in handcuffs, fingerprinted and escorted from the courtroom.  Jury selection in the penalty phase is scheduled for January 4.

The plea comes more than three and a half years after the Valentine's Day shooting in Parkland, Florida, in which he killed 17 students and faculty members and injured 17 others in what is the deadliest high school shooting in US history.  A dozen law enforcement officers filled the courtroom Wednesday while media, victims, and the family of victims watched the proceedings, some of whom were seen wiping their eyes as the judge detailed the counts and penalties to Cruz.

Tony Montalto, the father one of the slain students, Gina Montalto, called Cruz's apology "ridiculous." "If he wanted to apologize, he shouldn't have murdered Gina and 16 other people that day," Tony Montalto told CNN. Asked about the prospect of the death penalty for Cruz, Montalto said, "We need to deprive these mass murderers of the notoriety they seek. . . . We need to remember the victims for the wonderful and vibrant people that they were.  I think he deserves as much of a chance as he gave my daughter and everyone else on February 14 of 2018."

In court the prosecution laid out the harrowing timeline of the shooting, which began when Cruz, then 19, grabbed his AR-15-style rifle and magazines and rode in an Uber to his former high school. There, he took out his rifle and loaded it, and when a student walked near, Cruz offered a warning. "You better get out of here," he told the student. "Something bad is about to happen." Cruz then wandered through the halls of the school and fired indiscriminately at various students and staff in hallways and classrooms, prosecutors said. He eventually left the school and was taken into custody several miles away....

Cruz's defense team had long ago offered a guilty plea in exchange for life in prison without the possibility of parole -- but only if prosecutors took the death penalty off the table. Prosecutors had rejected that, saying they were seeking the death penalty....

Cruz's guilty plea comes just after a $25 million settlement was reached between the Broward County School Board and 52 victims of the massacre, according to an attorney for some of the victims.  Attorney David Brill said the settlement of the lawsuit includes all of the families of the 17 who died, 16 of 17 victims who were shot but survived, and 19 victims who suffer from PTSD or other ailments.

Some prior related posts:

October 20, 2021 at 04:33 PM | Permalink

Comments

This defendant should feel fear and anxiety after what he did. It is difficult to imagine that a jury would not sentence him to death, given the scope and horror of what he did inside a school. While I favor abolition of the death penalty, so long as it remains on the books, this defendant would seem to be a poster child for execution by lethal injection. A handful of crimes are so horrendous that they just cry out for imposition of the death penalty -- and this is one of those crimes.

Posted by: Jim Gormley | Oct 21, 2021 9:07:38 AM

I know nothing about FL procedure here. Will the jury actually be informed of this apology before the judge and the fact of his guilty plea? Even if so, I don't see it making a great deal of difference.

That said, it seems like in recent years, juries in Broward County (right?) have opted for life sentences over the DP. Apparently that's not because of anything special about juries in that county, but just because a unanimity requirement was established in 2016.

https://deathpenaltyinfo.org/news/florida-juries-reject-death-sentences-for-four-men-highlighting-impact-of-unanimity-requirement

I will say the facts here are clearly far more severe than those of the cases described in the article. But that seems to give Cruz at least some hope.

Personally, I don't favor the DP at all, with one important exception that's highly relevant to current events—treason.

Posted by: kotodama | Oct 21, 2021 9:25:43 AM

Kennedy v. Louisiana leaves open execution for treason even when a life is not directly taken:

"Our concern here is limited to crimes against individual persons. We do not address, for example, crimes defining and punishing treason, espionage, terrorism, and drug kingpin activity, which are offenses against the State. As it relates to crimes against individuals, though, the death penalty should not be expanded to instances where the victim’s life was not taken."

I think "drug kingpin activity" is a bad fit here even if one of the three federal executions before the recent [imho unjust] cycle involved one such individual.

The language is somewhat open-ended actually. For instance, there have been various terrorist acts that have not taken lives, including those that seriously maimed them.

I wonder if there is any lower court opinions applying this language.

Posted by: Joe | Oct 21, 2021 12:57:44 PM

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