The judge overseeing the penalty trial of Florida school shooter Nikolas Cruz has rejected a motion by his attorneys that she step down.
refused to step down Monday, rejecting a motion by his attorneys who accused her of being biased against their client and prejudicing the jurors who will decide if he should die for murdering 17 people four years ago.Scherer last week chewed out lead defense attorney Melisa McNeill
Prosecutors argued in court documents that Scherer's comments didn't rise to the level of demonstrating bias against Cruz. They cited a 1994 U.S. Supreme Court ruling that says a judge's “expressions of impatience, dissatisfaction, annoyance and even anger" against the defense are not grounds for stepping down.
There was “absolutely no chance” Scherer would quit the case, said Bob Jarvis, a professor at Nova Southeastern University's law school.Scherer, a former prosecutor, had never overseen a first-degree murder trial before being assigned the Cruz case. That sniping turned to shouting on Wednesday when, at the beginning of the court day, McNeill suddenly announced the defense was resting. The prosecution, having expected the defense case to last much longer, wasn't prepared to begin its rebuttal case.“This is the most uncalled for, unprofessional way to try a case,” Scherer said. “I have never experienced a level of unprofessionalism in my career. It is unbelievable.