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Nikolas Cruz's defense team won't ask for mistrial following possible procedural misstep

Judge Elizabeth Scherer will recall 11 potential jurors that were excused Tuesday
Defense attorney Melisa McNeill speaks while Nikolas Cruz listens during day three of jury selection in penalty phase of murder trial, April 6, 2022
Posted at 10:41 AM, Apr 06, 2022
and last updated 2022-04-06 18:43:03-04

FORT LAUDERDALE, Fla. — Court resumed Wednesday morning for the jury selection in the Nikolas Cruz sentencing trial after the defense team raised concerns about a possible procedural misstep.

Cruz's attorneys stated Wednesday that, at this point, they do not feel like the case suffered any prejudice and will not ask for a mistrial.

However, the defense team said they would like the chance to speak with the 11 jurors that were dismissed Tuesday.

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Those potential jurors said they could not follow the law in deciding if Cruz should receive the death penalty.

Both sides never had the chance to question them.

 Judge Elizabeth Scherer, April 6, 2022
Judge Elizabeth Scherer speaks during jury selection for the Parkland school shooter's sentencing on April 6, 2022.

"I will tell you that I'm going to make my best effort to get them back," Broward County Judge Elizabeth Scherer said.

The judge said she will recall the 11 people that were excused but some argue it may be hard to get them all back.

So, prosecutors asked the court to also order the 11 prospective jurors not to discuss the case any further.

By not starting the jury selection process over Wednesday, experts said the defense team is leaving the option open for a possible appeal.

Michelle Suskauer discusses jury selection in Nikolas Cruz sentencing, April 6, 2022
Attorney Michelle Suskauer shares her thoughts on the jury selection process in the Nikolas Cruz sentencing.

Michelle Suskauer, a criminal defense attorney in West Palm Beach, shared her thoughts on the case.

"There are going to be ultimately issues that are going to come up, which can be used potentially on an appeal, if the defendant is sentenced to death, and so this is potentially one of those issues," Suskauer said.

The judge will try to recall those 11 jurors and bring them back for questioning on April 25.

Cruz has already pleaded guilty to killing 17 people during the 2018 rampage at Marjory Stoneman Douglas High School.

The 12 jurors selected will have to decide whether Cruz will face the death penalty or life in prison without parole.