Jury selection for the trial of alleged Parkland school shooter Nikolas Cruz will undergo a do-over after the presiding judge admitted to a slip-up.
Circuit Judge Elizabeth Scherer ordered the restart to clear perceived blemishes on the judicial proceedings after attorneys on both sides argued that she erred by not questioning 11 potential jurors before dismissing them after they indicated they “could not follow the law.”
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“Neither side has been able to talk to these jurors. In a capital case, the questioning of jurors is important. It is of the utmost importance,” Prosecutor Carolyn McCann said, per ABC News. “This is not a harmless error.”
While accepting the prosecution’s motion to restart the jury proceedings, Scherer also offered the defense an opportunity to challenge it. Defense attorneys had highlighted the error but argued that a redo is “premature” and voiced concerns about double jeopardy, the outlet reported.
Cruz had pleaded not guilty last October to 17 counts of first-degree murder and 17 counts of attempted murder for the 2018 Valentine’s Day massacre at Marjory Stoneman Douglas High School in Parkland, Florida. The jury, after it’s established, will decide if he faces life in prison or the death penalty.
During the first week of April, Scherer dismissed the 11 jurors. Defense attorneys for Cruz objected to the dismissal and pushed to have the jurors questioned to ensure they weren’t merely trying to get out of jury duty.
Scherer attempted to have the jurors return, but almost all of them had reportedly left the building at that point. They had not been given orders not to read about or discuss the case.
“I will never make that mistake again,” Scherer declared afterward.
The 11 jurors were expected to return to court Monday for questioning, but Scherer said a “miscommunication” error took place and that the candidates would return next week, according to WPTV.
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As a result of Monday’s decision, the 200 individuals currently in the jury pool likely will not be called back. More than 1,200 candidates had been evaluated for the juror position since the process began during the first week of April. Scherer had already pushed the penalty phase of the proceedings back from May 31 to June 13, according to WPTV. A total of 12 jurors will eventually be selected when the process is finished.
