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August 22, 2022

Defense beginning mitigation case in the capital trial of Parkland shooter Nikolas Cruz

Apart from this post last month, I have not been following closely or blogging at all about the ongoing the state capital trial in Florida of Parkland mass murderer Nikolas Cruz.  But this AP article, headlined "Defense in school shooter’s trial set to present its case," suggests it is now a sensible time to check in.  Here are excerpts from the AP report:

The prosecution spent three weeks telling jurors how Nikolas Cruz murdered 14 students and three staff members at a Florida high school four years ago. Now his attorneys will get their chance to present why they believe he did it, hoping to get him sentenced to life without parole instead of death. Melisa McNeill, Cruz’s lead public defender, is expected to give her opening statement Monday, having deferred its presentation from the start of the trial a month ago.

She and her team will then begin laying out their 23-year-old client’s life history: his birth mother’s abuse of alcohol and cocaine during her pregnancy, leading to possible fetal alcohol syndrome; his severe mental and emotional problems; his alleged sexual abuse by a “trusted peer;” the bullying he endured; and his adoptive father’s death when he was 5 and his adoptive mother’s four months before his Feb. 14, 2018, attack at Parkland’s Marjory Stoneman Douglas High School.

McNeill’s decision to delay her opening statement appeared part of a broader strategy to not deny or lessen anything prosecutors told jurors about Cruz’s massacre — he pleaded guilty in October to 17 counts of first-degree murder. This trial is only to decide his sentence; the seven-man, five woman jury will consider whether the prosecution’s aggravating circumstances “outweigh” the defense’s mitigating factors....

This is the deadliest U.S. mass shooting to ever reach trial. Nine other gunmen who killed at least 17 people died during or immediately after their shootings, either by suicide or police gunfire. The suspect in the 2019 slaying of 23 people at a Walmart in El Paso, Texas, is awaiting trial. During the prosecution’s case, McNeill’s team never cross-examined any teacher or student who witnessed the slayings and only had brief, mild exchanges with a few other witnesses....

To get Cruz a life sentence, the defense will only have to persuade one of the 12 jurors, but they will have to do it on all 17 counts, one for each victim. It is possible, for example, a reluctant juror might be pushed to vote for death on victims who surveillance video showed Cruz shot multiple times as they lay wounded and helpless.

The defense will be trying to overcome the horrendous evidence that was laid out by the prosecution, capped by the jurors’ Aug. 4 visit to the fenced-off building that Cruz stalked for seven minutes, firing about 150 shots down halls and into classrooms. The jurors saw dried blood on floors and walls, bullet holes in doors and windows and remnants of Valentine’s Day balloons, flowers and cards.

Some prior related posts:

August 22, 2022 at 11:30 AM | Permalink

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