Law&Crime Sidebar - Parkland Shooter Trial — Top 5 Moments So Far:

Episode Date: September 19, 2022

As the Parkland school shooter sentencing trial moves forward, Law&Crime’s Angenette Levy and Michel Bryant discuss the top 5 moments from the trial so far. PLEASE SUPPORT THE SHOW:Listen to AMERICAN SCANDAL: SNOWDEN on Apple Podcasts, Amazon Music, or you can listen ad-free by joining Wondery Plus in the Wondery app:https://wondery.com/shows/american-scandal/LAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokePodcasting - Sam GoldbergVideo Editing - Michael Deininger Guest Booking - Alyssa FisherSocial Media Management - Kiera BronsonSUBSCRIBE TO OUR OTHER PODCASTS:Court JunkieObjectionsThey Walk Among AmericaCoptales and CocktailsThe Disturbing TruthSpeaking FreelyLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Wondery Plus subscribers can binge all episodes of this Law and Crimes series ad-free right now. Join Wondry Plus in the Wondery app Apple Podcasts or Spotify. Agent Nate Russo returns in Oracle 3, Murder at the Grandview, the latest installment of the gripping Audible Original series. When a reunion at an abandoned island hotel turns deadly, Russo must untangle accident from murder. But beware, something sinister lurks in the grand. View Shadows. Joshua Jackson delivers a bone-chilling performance in this supernatural thriller that

will keep you on the edge of your seat. Don't let your fears take hold of you as you dive into this addictive series. Love thrillers with a paranormal twist? The entire Oracle trilogy is available on Audible. Listen now on Audible. I just want to say this is the most uncalled for unprofessional way to try the case. Judge Elizabeth Scherer, lambasting Nicholas Cruz's defense attorneys. It's one of the top five moments in the death penalty sentencing trial of the Parkland shooter. I'm Ann Janette Levy, and welcome to Law and Crime's Sidebar podcast. Evidence is being presented in the sentencing trial for the Parkland shooter. The prosecution, of course, wants him to receive the death penalty. The defense is arguing against that, and this

trial has certainly been full of heartbreaking moments. The shooter has pleaded guilty to killing 17 students and staff members and wounding 17 more at Marjorie Stoneman Douglas High School back in February of 2018. Former student, Madeline Wilford, testified about hearing shots and knowing that she'd been hit. Where were you? I was in AP psychology. With Ms. Riovin? Correct. Is that class you 1213? Yes. Okay, could you tell us what happened? We were just going about class like normal. And we heard shots. It took us a second to realize what was happening. But when they were fired off again

is when we started to move and hide. I was stuck between the teacher's desk and her podium. And then I was just hiding until I felt myself get hit. I didn't know how many times. I just knew I was hit. And I tried looking behind me to see if anyone could help me, but all I saw was blood on the floor. So I just kind of turned around. And when the fire alarm went off, I also thought that hopefully, like, they knew what was going on

and so that they were coming soon. But I ended up passing out. Okay. And then. What's the next thing you remember after you press now? I was in and out of consciousness until I fully woke up that Thursday night, Friday morning. And so do you know what happened to you? Yes.

What happened to you? I was shot four times in my right arm, my right lung, some of my ribs on my right side, and I had surgery on my abdomen. How many surgeries have you had? Three. American scandal is a podcast from Wondry that takes you deep into the most infamous scandals in American history to see what drives somebody to break the rules. The newest season explores one scandal that proved uniquely polarizing and had a profound global impact all because of one man, Edward Snowden. When the young NSA contractor leaked thousands of documents outlining the secret and illegal mass surveillance operation the United States was running on its own citizens, people around. the world were absolutely shocked. Consequently, many argued, was Edward Snowden a whistleblower or a

traitor? This season of American Scandal explores the questions raised by the infamous leaks. Who was Edward Snowden? Why did he do it? And how did he get caught? Listen to American Scandal, Snowden on Apple Podcasts, Amazon Music, or you can listen. Add free by joining Wondry Plus in the Wondry app. Also at this trial, a video of Nicholas Cruz assaulting a corrections officer at the jail, for the jury. Is that you sitting at the desk? Yes, sir. At the table?

Right. Right by the stairs. We're in Unit 4, Delta, Unit 1. Mr. Cruz is walking around doing his exercise like normal. At one point here, he's going to walk around and he's going to flip his shower slides, where he brings him in and he walks with his shower slide folded. So I told him not to do that because I didn't want him to fall. If you look, you can see the shower slide being folded. folded.

On his feet. Yes, sir. Right here, if you want to stop it. That's when I told him, he turned around and asked me or told me that his shower slide was broken. So I advised him that he needed to go back inside a cell and I was going to get the sergeant on the floor to come over and bring him a new pair. And once the sergeant did that, then he can come back out.

Okay. If you want to pause it now, at this point, he basically stopped talking. He flipped me off twice. and then he attacks me. And joining me to break down some of these moments is Michael Bryant. He is an attorney and a host here at the Law and Crime Trail Network. Michael, welcome back to Sidebar. Thanks for coming on.

You bet. Good to see, Anjanet. Good to see you. And when we saw that video of Nicholas Cruz assaulting that corrections officer, what kind of impression do you think that leaves on the jury? You know, my first thought was objection, irrelevant. You know, remember it happened after his arrest. incarceration and obviously long after the event. But I think to get past my objection, as the

prosecution did, you know, it tells this jury, this is a violent, angry young man. And what we're seeing here with his actions against the jailer was just, you know, that's just a tip of the iceberg. You know, you folks have seen through video and through witness testimony how violent he could be and was on that Valentine's Day in 2018. So, This is just consistent with his behavior. And one of the most disturbing things about this case, one of the most disturbing pieces of evidence that we've seen is the fact that the shooter actually recorded videos of himself talking about his plan to do this, his plan to carry out these shootings. Take a look at this. Today is the day.

The day that all begins. The day of my massacre shall begin. All the kids in school will fear and hide. From the wrath of my power, they will know. who I am. I am nothing. I am no one. My life is nothing and meaningless. Everything that I hold dear, I let go beyond your half. Every day I see the world ending another day. I live a lone life, living seclusion and solitude. I hate everyone and everything. With the power of my AR, you will all know who I am. I had enough of being told what to do and when to do. I had enough of being telling me that I'm an idiot and a

dumb ass. In real life, you're all the dumb asses. You're all stupid and brainwashed by these political government programs. You will all see. You will all know who my name is. My love for you, Angie, will never go away. I hope to see you in the afterlife. On one day another, you will end and will all die. Michael, when we see these videos of the shooter laying out his plan. I mean, how can the defense actually combat that? We've heard them talking about the fact they believe he has fetal alcohol syndrome and things like that, but this was a very deliberate act from all of the evidence we're seeing. This was no crime of passion. This was not a self-defense case. This is a very deliberately planned attack. Yeah, he even uses the word plan, you know, in that

video. I don't think the defense is going to use that analysis because it's so flawed and flies in the face of everything the jury has seen and we'll see. They're just going for sympathy. You know, they're just trying to paint this guy into this, you know, poor, decrepit kid who's just been victimized by his biological mom. She, you know, she drank, she smoked, she did crack. So, he's got those syndromes built into his DNA. And you can't put this guy to death. Look how twisted he is. Look how mentally impaired he is. If we do anything in this society, we don't kill our people that have mental problems. I think that's the only way the defense wins is to get to that point where at least one member of the jury says, I can't do it. The guy's too messed up and I'm not going to kill this

person. And they only need one juror. And do you think the defense has done anything to maybe sway just that one juror thus far from what you've seen, Michael? You know, this is so tough because I think my belief is that all the 12 of those folks in that box had a predisposition one way or the other. Yes, we know they're death qualified. Yes, we know that means they agreed. They could recommend the death penalty if they saw the evidence they needed. I'm not so sure that's true. I'm not so sure that there isn't already one person in that box that thinks, I don't care what I hear, see or do, what the defense does. I can't put him to death. I can't recommend that. And I think that's what's going to turn the tide in this case. Can either side,

prosecution or defense, convince the people they need to convince with their evidence that they can change their mind, that they aren't already predisposed to something and they're going to shift to either recommending the death penalty from which they felt they never would or the other way around. And again, we know for the defense, you just need one. So obviously their job is easier. But I don't, I don't think I've seen anything that would tell me this guy deserves to live his life out in prison. Just me. And our fifth moment, our final moment, was a big moment. This really went viral. Judge Elizabeth Scherer really lambasting the shooter's defense team. after they rested unexpectedly without informing her that they were going to do so.

So let's take a look at that clip. We're not playing chess. I mean, will you please take the jury back in? Thank you. All right, go ahead and bring your records. To be Nicholas Cruz Henderson episode one record. Let me just stop. State, are you going to have anything ready for today?

No. We're expecting, we're waiting for 40 more witnesses. I just want to say this is the most uncalled for unprofessional way to try a case. You all knew about this, 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.

I honestly, I have never experienced a level of unprofessionalism in my career. It's unbelievable. So, Judge, if we had any pretrial matters, you asked us to be here at 915. We were here at 915 to discuss pretrial matters. I have been practicing in this county for 20 years. You know what? That you're insulting me on the record in front of my client, and I believe that I should be able to... Okay, you can do that later.

You can make your record later, but you've been insulting me the entire trial. So 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. So please be seated. You can receive the evidence. I will receive the evidence, and then you can put whatever you want on the record at the end. Michael, the defense wants the judge to recuse herself from this case following that outburst. Did you understand what Judge Elizabeth share her frustration?

And in your opinion, did she go too far? I don't think she went too far. I was annoyed with the defense all along. This was the cherry on the top. I mean, how do you come into court, get all the officers, get everybody lined up there, and then say, oh, by the way, judge forgot, we rest. It's inappropriate. It's inexcusable. That's the one issue. I don't think there's any dispute about that. It should have been done much better, much more professionally. The second issue then is how the judge reacted to it. I can understand her frustration for the reasons I mentioned it for the reasons she mentioned. Was it appropriate, though, for her to kind of show her hand, which is what the defense is saying here. She is saying, you folks have been unprofessional all along. And if that affected Nicholas Cruz's right to a fair trial, that is a problem. The question becomes, and it will be on appeal because she's not going to recuse herself. The question becomes,

Will the appellate court believe that whatever was done in its entirety affected his fair trial? I would say no. I would say it was an issue. It was an error, perhaps. But if in anything, it was a harmless error. And he did overall get a fair trial. But I understand the defense. They've got to make their moves.

They've got to zealously represent their client. Most certainly. Well, Michael Bryant, thanks so much for joining us on this edition of Sidebar to discuss this very important case in the top five moments so far in the death. penalty sentencing trial of Nicholas Cruz. You can binge all episodes of this law and crime series ad free right now on Wondery Plus. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify.