The Florida judge who supervised the trial of penalty for Parkland School shooter Nikolas Cruz ought to be publically punished for displaying prejudice towards the prosecution inability to limit “vitriolic statements” directed at Cruz’s lawyers by families of victims, and often permitting “her emotions to overcome her judgement,” an official state commission ruled Monday.
The Judicial Qualifications Commission found that Circuit Judge Elizabeth Scherer violated several rules that govern judicial conduct during the trial last year in her conduct towards Cruz’s public defense attorneys. The trial, which lasted for six months, concluded with Cruz being sentenced to an indefinite sentence for the killing of three students as well as 14 school staff of Marjory S. Douglas High School. The verdict came after the jury could not decide that he should receive the death penalty.
The commission, comprised of 15 members, concluded that Schererer “unduly chastised” lead public lawyer Melisa McNeill as well as her team. They also incorrectly accusing a Cruz attorney of intimidating the child of hers, as well as inappropriately hugged members of the prosecution team in the courtroom following that trial’s end.
The commission, which is comprised of lawyers, judges, and ordinary citizens, acknowledged “the worldwide publicity surrounding the case created stress and tension for all participants.”
However, the commission stated that judges must “ensure due process, order and decorum, and act always with dignity and respect to promote the integrity and impartiality of the judiciary.”
“In limited instances during this unique and lengthy case, Judge Scherer allowed her emotions to overcome her judgement,” the commission stated when it presented its findings to the Florida Supreme Court, which will take the final decision.
Schererer announced in the in the last month that she will retire from the bench on June 30. The commission stated that the resignation was not a part of any deal that was made by the judge. The report of the commission said Schererer acknowledged in their testimony, that behavior during the hearing “fell short” of what’s expected of judges and “her treatment of members of the defense team was at times not patient, dignified or courteous.”
Scherer is a 46-year-old former prosecutor became a judge in the year 2012, and her trial in the Cruz matter was the first trial for capital murder. Broward County’s computerized system randomly assigned Cruz’s case within a few hours of the shooting.
The lawyer for her, Thomas Panza, did not immediately return an email or phone call seeking information.
Broward County Public Defender Gordon Weekes declined to comment.
Schererer’s handling the case was praised by the family members and parents of victims, who claimed she handled the case with professionalism and compassion, however her clashes with Cruz’s lawyers and other lawyers occasionally drew criticism from observers of the legal system.
Prior to the trial, she criticised two journalists of her Sun Sentinel newspaper for publishing the sealed Cruz education record was legally obtained. She threatened to inform the newspaper what it could or couldn’t print, but she never did experts in law say that such a decision would be unconstitutional.
Schererer also had often heated debates with McNeill. They boiled to the first time after McNeill along with her legal team abruptly stopped their trial after calling only a tiny portion of the witnesses they had expected. Schererer described it as “the most uncalled for, unprofessional way to try a case,” even though defense attorneys aren’t required to summon all of its witnesses or to announce its plans prior to the trial.
McNeill responded with fury, “You are insulting me on the record in front of my client,” after which Schererer instructed McNeill to stop. McNeill then slapped her.
“You’ve been insulting me the entire trial,” Schererer shouted at McNeill. “Arguing against me. rushing out, and rushing to court when you don’t agree with my decisions. Therefore, frankly it’s been a long time overdue. So, please sit.”
The two fought again at the time of Cruz’s sentencing in November due to the savage attacks that relatives of the victims made at the defense team during their courtroom testimony. Schererer resisted curtailing the comments and then exiled the assistant to McNeill David Wheeler, after she incorrectly misinterpreted the comments of McNeill as a threat to her daughter.
After securing the sentence of Cruz 24, to life without parole, as was required, Schererer walked off the court and embraced the members of the prosecution team as well as the families of the victims. She also told the commission that she would also offer to embrace those on the defense side.
This led to to the Supreme Court in April to suspend her from overseeing post-conviction motions filed by an additional defendant Randy Tundidor, who was executed for murder in the case of the 2019 murder of his landlord. One of the prosecutors involved in the case was part of the Cruz team. At an appeal hearing during the Tundidor case just a few days following that Cruz sentencing, Schererer asked the prosecutor what he thought of his standing up.
Schererer’s actions provided at a minimum the appearance that she was not honest to Tundidor.
Source: https://www.nbcnews.com/news/us-news/commission-florida-judge-reprimanded-conduct-parkland-school-shooting-rcna87870