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Defense abruptly rests in sentencing trial for Parkland school shooter Nikolas Cruz

Judge chastises lead defense attorney for lack of professionalism
Nikolas Cruz sworn in during penalty phase of murder trial, Sept. 14, 2022
Posted at 11:50 AM, Sep 14, 2022
and last updated 2022-09-14 16:55:05-04

FORT LAUDERDALE, Fla. — The defense team for convicted Parkland school shooter Nikolas Cruz abruptly rested their case Wednesday, prompting Broward County Circuit Judge Elizabeth Scherer to chastise lead defense attorney Melisa McNeill for her unprofessionalism.

"We're not playing chess," Scherer said.

Scherer criticized McNeill for not letting anyone know ahead of time and wasting a day of court.

Judge Elizabeth Scherer calls defense attorney Melisa McNeill 'unprofessional' after defense rests in sentencing trial for Parkland school shooter Nikolas Cruz, Sept. 14, 2022
Judge Elizabeth Scherer speaks sharply, calling lead defense attorney Melisa McNeill "unprofessional" after McNeill announced the defense's intention to rest their case during the penalty phase of the trial of Marjory Stoneman Douglas High School shooter Nikolas Cruz on Wednesday, Sept. 14, 2022, at the Broward County Courthouse in Fort Lauderdale, Fla.

There had been no warning to the public, the prosecution or the judge.

Cruz, 23, didn't take the stand, and prosecutors weren't prepared to begin their rebuttal.

"I just want to say this is the most uncalled for, unprofessional way to try the case," Scherer said. "You all knew about this, and even if you didn't make your decision until this morning, to have 22 people, plus all of this staff and every attorney march into court, be waiting as if it's some kind of game, now I have to send them home. The state's not ready. They're not going to have a witness ready. We have another day wasted. Honestly, I have never experienced a level of unprofessionalism in my career. It's unbelievable."

McNeill, who has a history of terse exchanges with Scherer, tried to explain her decision, but Scherer didn't want to hear it.

Melisa McNeill speaks in court after announcing intent to rest case in sentencing trial for Parkland school shooter Nikolas Cruz, Sept. 14, 2022
Assistant Public Defender Melisa McNeill speaks to the court after Judge Elizabeth Scherer called McNeill "unprofessional" when McNeill announced the defense's intention to rest their case during the penalty phase of the trial of Marjory Stoneman Douglas High School shooter Nikolas Cruz on Wednesday, Sept. 14, 2022, at the Broward County Courthouse in Fort Lauderdale, Fla.

"I have been practicing in this county for 22 years…" McNeill started to say before Scherer interrupted her.

"You know what, I don't want to hear it," Scherer said.

"Well, judge, you're insulting me on the record in front of my client and I believe that I should be able to defend myself," McNeill responded.

"OK, you can do that later, you can make your record later, but you've been insulting me the entire trial, blatantly, taking your headphones off, arguing with me, storming out, coming late intentionally if you don't like my rulings, so, quite frankly, this has been long overdue," Scherer said.

WATCH: Judge says defense attorney has been 'blatantly' insulting her all trial

Judge Elizabeth Scherer says Nikolas Cruz defense attorney Melissa McNeill has been 'blatantly' insulting her all trial

Cruz pleaded guilty last year to killing 14 students and three staff members on Feb. 14, 2018, at Marjory Stoneman Douglas High School in Parkland.

Jurors are being asked to decide whether Cruz should spend the rest of his life in prison or be sentenced to death for his crimes.

"We're running out of time," Scherer cautioned. "We have a pregnant juror – very pregnant."

Prosecutors said they will need more than a week to prepare their rebuttal. The trial is tentatively scheduled to resume next Tuesday.