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FORT LAUDERDALE (CBSMiami) – At the start of day three of the jury selection process for the penalty phase trial of Parkland school gunman Nikolas Cruz, his defense attorneys did not request a mistrial.
On Tuesday Circuit Judge Elizabeth Scherer gave them the opportunity to make the filing on Wednesday morning after an issue arose during the jury selection process on Tuesday.
Eleven potential jurors were dismissed before the defense team could question them. The judge dismissed them because they said they couldn’t follow the law in deciding whether to give the killer the death penalty.
The defense raised an issue with it because that means those possible jurors could go out and talk to their friends or family about the case before being questioned.
The defense has not waived the idea of filing the motion in the future.
If a mistrial was declared, it would have caused a delay and the lawyers would start back at day one of the jury selection process, the last two days wouldn’t count.
The judge and attorneys are looking for the jury that will decide Cruz’s fate, he’s already pleaded guilty to the mass shooting at Marjory Stoneman Douglas High School four years ago.
Now the question is should he get the death penalty or life in prison? Under Florida law, all 12 jurors have to unanimously agree before the defendant is sentenced to death.
To be selected, candidates must say they can judge Cruz fairly and vote for the death penalty if the evidence requires it.
Approximately 1,500 potential jurors, perhaps more, will be screened over the next few weeks as the pool is pared down to 12 plus eight alternates in a three-step process that will run through the end of May.