Nikolas Cruz sentencing: Parkland shooter’s defence shocks courtroom by suddenly resting case
The defence has rested its case in the sentencing trial of Parkland shooter Nikolas Cruz, who murdered 17 students and staff members in the Valentine’s Day 2018 mass shooting at Marjory Stoneman Douglas High School.
The move came as a shock to both the judge and prosecution on Wednesday morning, who had expected the defence to call around 80 witnesses. Instead, jurors have heard from only aroudn 25 defence witnesses.
Judge Elizabeth Scherer blasted the sudden announcement, which left the state unprepared to resume its case. “I have never experienced a level of unprofessionalism in my career,” she fumed.
Now, the court will be on recess until 27 September so that the prosecution has time to prepare its rebuttal case.
The defence spent just over two weeks arguing that Cruz suffered from behavioural and developmental issues and endured a troubled upbringing – and did not receive adequate intervention.
The last witness called to the stand was Dr Kenneth Jones, one of the nation’s leading experts in fetal alcohol spectrum disorders (FASD). Dr Jones testified that Cruz met the criteria for someone with behavioural and developmental problems caused by alcohol exposure in the womb.
This came after prosecutors spent three weeks presenting graphic details of how Cruz plotted and carried out the attack, footage of him calmly going to a nearby Subway and McDonald’s in the immediate aftermath and heartbreaking testimony from the victims’ families. Jurors also toured the school site, seeing for themselves the bloodstained classrooms and corridors, bullet-ridden doors and walls and abandoned Valentine’s Day gifts from that day four years ago.
Cruz, now 23, pleaded guilty in October 2021 to 17 counts of murder and 17 counts of attempted murder. Jurors will now decide whether to sentence him to death or to life in prison without the possibility of parole.
Key points
Court descends into chaos as defence abruptly rests case
Father of Parkland victim ‘in complete shock’ at defence resting
Fetal alcohol disorder (FAD) causes people to commit murder, expert says
Shooter’s mother drank more alcohol in pregnancy than expert has ever seen
Cruz watched his father suddenly die, says witness
Cruz sat with victim’s brother in McDonald’s moments after shooting
Missed warning signs: What went wrong at Parkland
Tuesday 13 September 2022 08:00 , Rachel Sharp
Almost 70 documented incidents of violence by age 19. Boasts online of being “the next school shooter”. Tips about threatening behaviour ignored by the FBI. Unlocked and unmanned gates at the school. Students and staff left to wander hallways while no active shooter alert was made. A school resource officer who hid from the gunfire for more than 45 minutes.
Nearly everything that could have gone wrong that day did.
While the survivors and families of the victims have waited more than four years for their day in court, some changes in gun laws and school safety measures have come more quickly.
The Marjory Stoneman Douglas High School Public Safety Commission, launched in the aftermath to investigate both the shooting and the response to it, made several recommendations of what must change going forwards.
The investigation found that there were catastrophic errors in the response to Cruz’s actions that day.
And, ahead of the day itself, a whole host of disturbing warning signs had also been ignored about what Cruz would go on to do.
The Independent’s Rachel Sharp has the full story:
Missed warning signs, failings and lessons learned: Nikolas Cruz and Parkland
ICYMI: Ron DeSantis ousts school board members
Tuesday 13 September 2022 10:00 , Rachel Sharp
Governor Ron DeSantis ousted four elected members of a school board in Florida over a damning grand jury report into the Valentine’s Day 2018 mass shooting in Parkland.
The governor filed an executive order in late August suspending Patricia Good, Donna Korn, Ann Murray and Laurie Rich Levinson from Broward County School Board with immediate effect, accusing them of fraud and mismanagement.
“It is my duty to suspend people from office when there is clear evidence of incompetence, neglect of duty, misfeasance or malfeasance,” he said in a press release announcing the suspensions.
Mr DeSantis said that the move marks a “step towards justice” for the Parkland community and is “in the best interest of the residents and students of Broward County and all citizens of Florida”.
The statewide grand jury released its long-awaited report into the Parkland mass shooting on Friday, finding that the four officials displayed “deceit, malfeasance, misfeasance, neglect of duty and incompetence” in their handling of a campus safety program.
Its investigation into the events surrounding that day found that a simple safety alarm could have saved lives but that it hadn’t been installed at the high school as of 14 February 2018.
Even now, more than four years on, the grand jury found that the alarms continue to be uninstalled at many schools across the county.
Ms Levinson, the board’s chairwoman, condemned the report calling it a “political hatchet job” orchestrated by Mr DeSantis.
What are fetal alcohol spectrum disorders (FASD)?
Tuesday 13 September 2022 11:00 , Rachel Sharp
One of the key parts of the defence’s argument is that he suffers from fetal alcohol spectrum disorders (FASD) caused by his biological mother abusing alcohol and drugs while pregnant.
FASDs are conditions caused by an individual being exposed to alcohol in the womb before birth.
According to the CDC, alcohol is passed from the mother’s blood to the baby via the umbilical cord.
It is surprisingly common, occurring in up to 1 in every 20 people, according to FASD United.
The effects of FASD can vary but typically include both physical problems and behavioural and learning problems.
Signs and symptoms include: learning disabilities, small head size, hyperactive behaviour, poor reasoning and judgment skills, difficulty in school and intellectual disability, among other things.
The Independent’s Rachel Sharp has the full story:
Nikolas Cruz: What are fetal alcohol spectrum disorders?
Who was the Parkland shooter’s biological mother Brenda Woodard?
Tuesday 13 September 2022 12:00 , Rachel Sharp
At the centre of the defence’s case is the argument that Nikolas Cruz is mentally ill and that his troubled origins are to blame for his actions – which saw him lay siege to his former school with a legally-purchased AR-15 style semi-automatic rifle in one of the deadliest mass shootings in American history.
During opening statements and testimony from several witnesses called to the stand, much of the blame for his troubled start in life was placed squarely on the shoulders of his biological mother Brenda Woodard.
Lead public defender Melisa McNeill told jurors that while “there is no defence for this crime” and Cruz is the “one person responsible for all the pain and suffering”, the “choices” Woodard made when she “poisoned him in the womb” led to the “choices” her son made back on 14 February 2018.
Read more here:
Who was the Parkland shooter’s mother Brenda Woodard?
Nikolas Cruz had a horror start to life but does it matter in trial?
Tuesday 13 September 2022 13:00 , Rachel Sharp
It began before he was even born: Nikolas Cruz’s biological mother drank alcohol and abused drugs while he was still in the womb.
At the age of five, his adoptive father suddenly collapsed and died in front of him in the family home. In his teenage years, he was allegedly bullied by his brother and sexually abused by a so-called “trusted peer”. At 19, he became an orphan when his adoptive mother died from pneumonia.
And just three months later, he murdered 17 innocent students and staff in a shooting rampage at his former high school.
“Without any one of those problems, it may never have happened,” Abigail Marsh, professor in the Department of Psychology and the Interdisciplinary Neuroscience Program at Georgetown University, tells The Independent.
“For any given person there is a causal explanation, a link… and, on average, people who become mass shooters or are very violent have had these experiences or risk factors. There’s no one thing that you can say that is the reason but, together, a perfect storm of risk factors can give the means, motive and opportunity.”
These so-called risk factors have all come into focus in recent weeks as Cruz’s team of public defenders tries to convince a jury of his peers that his life should be spared.
The Independent’s Rachel Sharp details what jurors have learned about Cruz’s start in life and speaks to a psychologist and criminal defence attorney about what impact this truly had on him committing his crime and whether or not it will make any difference in the eyes of the jury:
Parkland shooter Nikolas Cruz may have had a horror start to life but does it matter?
RECAP: What happened on Monday
Tuesday 13 September 2022 14:00 , Rachel Sharp
Monday’s session got off to a slow start as the defence and prosecution wrestled over the slides that a defence witness would be presenting in court.
At issue were statements made by Cruz’s biological mother Brenda Woodard, prior to her death.
Dr Paul Connor was then called to the stand, with the day focusing on the defence’s argument that Cruz suffers from fetal alcohol spectrum disorders (FASD) because Woodard abused alcohol when she was pregnant.
The neuropsychologist said that official birth and adoption records and testimony from prior witnesses show that Cruz was exposed to alcohol in the womb.
Dr Connor explained that alcohol exposure in the womb can lead to poor motor skills, lack of social skills and impulse control.
He told the court that he carried out neuropsychological testing on Cruz, which found that he has an FASD.
Out of 11 domains of neuropsychological testing, Cruz had deficits in nine, he found.
These domains are: IQ, academic, memory, visual/spatial, attention, processing speed, motor skills, executive functioning, suggestability, direct adaptive function and informant adaptive function.
The FASD expert said that if an individual has three or more domains, that is consistent with them having an FASD.
Day 23 court session begins
Tuesday 13 September 2022 15:01 , Rachel Sharp
Day 23 of the sentencing trial has resumed in court in Broward County.
Before jurors entered the courtroom, the judge heard arguments from the defence and the prosecution about a question the state asked Dr Paul Connor under cross-examination.
On Monday afternoon, the prosecutor had questioned the neuropsychologist – who was hired to assess Cruz to see if he suffers from fetal alcohol syndrome disorders – about why he had not recorded his interviews with Cruz.
The defence objected saying that it is not required in the state of Florida, to which prosecutors claimed that there had been a pretrial agreement to do so between the two sides.
The court session concluded early as the judge said that she would need to go away and look at the details.
On Tuesday morning, prosecutors told the judge that both sides had agreed to videotape their experts assessing Cruz.
Judge Elizabeth Scherer ruled that the prosecution could ask Dr Connor: “Are you aware according to Florida law that the state was required to videotape their expert examinations?”
Cross-examination of Dr Connor
Tuesday 13 September 2022 15:30 , Rachel Sharp
The prosecutor resumed the cross-examination of Dr Connor by asking him the agreed question about not recording his interview with Cruz.
“Are you aware according to Florida law that the state was required to videotape their expert examinations?”
Dr Connor said that he knew the state experts were being observed but said that he didn’t remember whether he was aware they had been videotaped.
The neuropsychologist interviewed Cruz for around 5.5 hours in one session. He testified on Monday that his assessment found that Cruz suffers from fetal alcohol spectrum disorders (FASD), caused by his biological mother abusing alcohol when she was pregnant.
Out of 11 domains of neuropsychological testing, Cruz had deficits in nine, he found. If an individual has deficits in three domains, it is consistent with them having an FASD.
Lead prosecutor Mike Satz sought to pick holes in the testing and the results of the testing carried out by the neuropsychologist.
He questioned whether the neuropsychologist tested for malingering – where the subject fakes their test responses. Dr Connor said that he performed a performance validity test which can assess for malingering.
Mr Satz went on to tell Dr Connor that to get onto the Marjory Stoneman JRTOC team the individual had to successfully strike a target the size of a quarter from 10 metres away. When successful, the target becomes smaller, he said.
Cruz was accepted onto the team and won a sharp shooter badge, he said.
The prosecutor asked if that showed good visual spatial skills. Dr Connor said it did not. His assessment of Cruz had found that the mass shooter had deficits in visual spatial skills.
Prosecutor grills FASD expert about what’s not in graph
Tuesday 13 September 2022 15:57 , Rachel Sharp
The prosecutor continued to grill FASD expert Dr Connor about the results not featured in his graph of Nikolas Cruz’s results.
He pointed out several tests that Dr Connor carried out on Cruz, where the mass shooter scored within the average limits but which were not recorded in his graph of 11 domains.
Under redirect from the defence, Dr Connor explained that several of the scores the prosecutor asked about were subscores that formed part of an overall score for one of the 11 domains.
He also said that about 25 percent of the time that he tests for an FASD, he finds that the individual is not suffering from such disorder. However, he found that Cruz does.
Prosecutor Satz also questioned the neuropsychologist about whether, through his assessment, he had read police reports about Cruz’s case and viewed his social media. The expert said he had not.
He had seen surveillance footage of Cruz carrying out his attack but said he had no opinion about whether the video appeared to show the shooter was “goal directed” or “dedicated to his task”, because it did not form part of his assessment.
Next witness called to stand
Tuesday 13 September 2022 16:35 , Rachel Sharp
The defence has called its next witness to the stand.
Dr Kenneth Jones specialises in fetal alcohol spectrum disorder (FASD) and has a dedicated clinic for children who were prenatally exposed to alcohol.
Throughout his career, he estimates that he has seen over 1,000 people who have been exposed to alcohol in the womb.
Dr Jones said he was asked by the defence to assess whether Cruz is consistent with an FASD sufferer.
FASD is not a diagnoses but an umbrella term that includes conditions including fetal alcohol syndrome (FAS) and alcohol-related neurodevelopmental disorder (ARND).
FAS sufferers have specific facial features while ARND sufferers do not have facial features but do have the neurobehavioural abnormalities.
Dr Jones said that ARND sufferers are usually worse affected because they are not as easily identified and directed to intervention early on.
Cruz ‘without any question’ fulfils criteria of FASD sufferer
Tuesday 13 September 2022 17:01 , Rachel Sharp
Nikolas Cruz “without any question” fulfils the criteria of an FASD sufferer, Dr Jones testified.
The FASD expert said that the mass shooter does not meet the criteria for FAS because he does not have the facial features synonymous with that diagnosis.
However, he does meet the criteria for alcohol-related neurodevelopmental disorder (ARND) – where the sufferer does not have the facial features of FAS but does have the neurobehavioural abnormalities.
An individual can be found to have ARND if they meet the following criteria: they have been prenatally exposed to alcohol, they are greater than three years of age, and they are diagnosed based on neuro-cognitive or behavioural impairments.
Cruz does fulfil the criteria “without any question” for neuro-cognitive impairment, he said.
This can include cognitive impairment in two or more domains – including motor problems, executive function problems, memory problems and visual spatial impairment.
Cruz had problems with executive function, memory and visual spatial impairment, he said.
Dr Jones said that official birth records support that Cruz was exposed to alcohol in the womb. He told jurors that – among the more than 1,000 people exposed to alcohol in the womb he has worked with during his career – he had never seen evidence of “so much” alcohol exposure.
“Never in my life have I seen an individual where they have been affected by prenatal exposure to alcohol where there is documentation... where so much alcohol has been consumed by a woman,” he said.
He also testified that Cruz’s biological mother Brenda Woodard had poor prenatal care, Cruz had to be resuscitated when he was born and doctors recorded that he had meconium stained amniotic fluid which is an indicator that the fetus is in distress.
Other drugs ‘don’t hold a candle to alcohol’ in impacting fetus
Tuesday 13 September 2022 17:20 , Rachel Sharp
Dr Jones testified that alcohol poses a far greater danger to a fetus in the womb than all other drugs combined.
“You can take all of the illicit drugs that you can think of — heroin, marijuana, methamphetamine, cocaine — you can wrap them up in a single bag and they don’t hold a candle to alcohol in terms of its effects of a developing baby,” he told the court.
Official records – including birth and adoption records – as well as testimony from other witnesses has revealed that Cruz’s biological mother Brenda Woodard abused alcohol while she was pregnant with him.
Court takes lunchtime recess
Tuesday 13 September 2022 17:41 , Rachel Sharp
Jurors have been excused from the courtroom for a lunchtime recess.
Testimony will resume at 2pm ET.
Once the jurors left the room, the judge heard an objection from the prosecution about some of Dr Jones’ testimony.
Dr Jones testified that people with FASD often show the following behaviours: they lack friends, are hyperactive, do unsafe things, become aggressive, are disruptive in school and have temper tantrums.
He told the court that there is a lot of stigma around FASD for both the child and the parents.
The judge told the defence to make the questions around familial stigma more specific after the lunchtime break so that the witness does not run off on a tangent.
Nikolas Cruz’s sentencing trial: What we’ve learned so far
Tuesday 13 September 2022 18:10 , Rachel Sharp
The sentencing trial for mass shooter Nikolas Cruz resumed on Monday as jurors weigh whether to sentence him to life in prison or to death for carrying out one of the worst school shootings in American history.
Prosecutors spent three weeks presenting graphic details of how Cruz plotted and carried out the attack, footage of him calmly going to a nearby Subway and McDonald’s in the immediate aftermath and heartbreaking testimony from the victims’ families.
The defence is now presenting its case, where it is seeking to show that Cruz suffered from behavioural and developmental issues and endured a troubled upbringing – and did not receive the appropriate help he needed.
Here’s what we have learned so far in the trial:
Nikolas Cruz’s sentencing trial: What we’ve learned so far
What is FASD?
Tuesday 13 September 2022 18:40 , Rachel Sharp
FASDs are conditions caused by an individual being exposed to alcohol in the womb before birth.
According to the CDC, alcohol is passed from the mother’s blood to the baby via the umbilical cord.
It is surprisingly common, occurring in up to 1 in every 20 people, according to FASD United.
The effects of FASD can vary but typically include both physical problems and behavioural and learning problems.
Signs and symptoms include: learning disabilities, small head size, hyperactive behaviour, poor reasoning and judgment skills, difficulty in school and intellectual disability, among other things.
There are several different conditions, which have different severities.
For example, individuals with Fetal Alcohol Syndrome (FAS) suffer from central nervous system (CNS) problems, minor facial features, and growth problems and are known to have trouble getting along with others.
FASD expert resumes testimony
Tuesday 13 September 2022 19:19 , Rachel Sharp
Jurors have returned to the courtroom following the lunchtime recess.
Dr Jones is resuming testimony about his expertise on FASD and his analysis of Cruz.
FASD expert says he has ‘never seen’ pregnant woman abuse alcohol as much as Cruz’s mother
Tuesday 13 September 2022 20:05 , Rachel Sharp
An expert in fetal alcohol syndrome disorders (FASD) has testified that he has “never seen” a woman abuse alcohol while pregnant as much as Nikolas Cruz’s biological mother.
Dr Kenneth Jones took the witness stand on Tuesday as the defence continues to build its case that the mass murderer suffered brain damage and struggled with severe behavioural problems because of his exposure to alcohol in the womb.
Dr Jones, one of the nation’s leading FASD researchers who has a dedicated clinic for children prenatally exposed to alcohol, testified that Cruz’s biological mother drank more during her pregnancy than any woman he has ever come across in his 50-year career.
“I don’t think I have ever seen — I know I have never seen — so much alcohol consumed by a pregnant woman,” he said.
Dr Jones, who told jurors he was not being paid for his testimony, also said that he had never had so much documentation to prove a patient’s prenatal alcohol exposure.
“I have never, ever in my life seen an individual who has been affected by prenatal exposure to alcohol in which there is documentation – and I think pretty darn good documentation — of alcohol exposure,” he said.
The Independent’s Rachel Sharp has the full story:
Nikolas Cruz: FASD expert says mother drank more alcohol than any pregnant woman
FASD expert questioned about Cruz’s planning ahead of massacre
Tuesday 13 September 2022 20:37 , Rachel Sharp
Under cross-examination, Dr Jones was asked about evidence that shows Cruz planned the Valentine’s Day 2018 massacre and whether that contradicts the behaviours of someone with FASD.
Dr Jones confirmed to lead prosecutor Mike Satz that someone with ARND – the type of FASD that he believes Cruz has – struggles with planning and organisation.
“Problems with planning is something that children with that have,” he said.
Mr Satz then went on to detail the research and planning that Cruz carried out in the months leading up to the mass shooting, where he murdered 17 students and staff at Marjory Stoneman Douglas High School.
In August 2017, the prosecutor said that Cruz conducted internet searches for the Columbine massacre and for the white supremacist attack in Charlottesville.
That June, he also searched online for information about the San Diego massacre at a McDonald’s restaurant where 21 people were killed.
He also carried out other searches about mass shootings in Las Vegas and Montreal.
The prosecutor said that the dates were important because they were all prior to the death of Cruz’s adoptive mother Lynda in November 2017.
On 10 February 2018 – four days before the massacre and around four months after Lynda’s death – Cruz then carried out searches about mass murders in schools.
Dr Jones said that he wasn’t aware of the internet searches or the planning that Cruz had executed prior to the mass shooting.
Dr Jones says FASD causes people to commit murder
Tuesday 13 September 2022 21:10 , Rachel Sharp
Dr Jones testified that FASD can cause people to commit murders.
Under redirect, the FASD expert was asked by the defence if fetal alcohol spectrum disorders “in and of itself cause people to commit murder”.
Dr Jones confirmed “yes”.
He said that he had come across other murderers in his career who also suffer from FASD.
Day 23 of trial ends
Tuesday 13 September 2022 21:30 , Rachel Sharp
Day 23 of the sentencing trial has come to an end.
Jurors will return at 9.30am on Wednesday when the defence will call its next witness.
The day in pictures
Tuesday 13 September 2022 22:00 , Rachel Sharp
Nikolas Cruz stands with Chief Assistant Public Defender David Wheeler in the courtroom:
Dr Paul Connor is cross-examined by the prosecution about his findings that Cruz has FASD:
Dr Kenneth Jones, specialist in FASD, testifies that Cruz has alcohol-related neurodevelopmental disorder (ARND):
RECAP: What happened on Tuesday?
Tuesday 13 September 2022 22:45 , Rachel Sharp
Day 23 of the sentencing trial began with the prosecution resuming its cross examination of neuropsychologist Dr Paul Connor.
He testified on Monday that he had carried out a neuropsychological assessment of Cruz and found that he suffers from fetal alcohol spectrum disorders (FASD), caused by his biological mother abusing alcohol when she was pregnant.
Lead prosecutor Mike Satz sought to pick holes in his assessment and about the test results not featured in his graph.
Dr Kenneth Jones, a leading expert in FASD with a 50-year career in the field, was called to the stand next.
He testified that he had seen over 1,000 people who have been exposed to alcohol in the womb and found “without any question” that Cruz has alcohol-related neurodevelopmental disorder (ARND) – a condition under the FASD umbrella.
The FASD expert testified that he has “never seen” any woman abuse alcohol while pregnant as much as Cruz’s biological mother.
He also testified that FASD can cause people to commit murders.
Under cross-examination, Dr Jones was asked about evidence that shows Cruz planned the Valentine’s Day 2018 massacre – researching mass shootings online in the months leading up to the attack – and whether that contradicts the behaviours of someone with FASD.
Nikolas Cruz had a horror start to life but does it matter in trial?
Tuesday 13 September 2022 23:30 , Rachel Sharp
It began before he was even born: Nikolas Cruz’s biological mother drank alcohol and abused drugs while he was still in the womb.
At the age of five, his adoptive father suddenly collapsed and died in front of him in the family home. In his teenage years, he was allegedly bullied by his brother and sexually abused by a so-called “trusted peer”. At 19, he became an orphan when his adoptive mother died from pneumonia.
And just three months later, he murdered 17 innocent students and staff in a shooting rampage at his former high school.
“Without any one of those problems, it may never have happened,” Abigail Marsh, professor in the Department of Psychology and the Interdisciplinary Neuroscience Program at Georgetown University, tells The Independent.
“For any given person there is a causal explanation, a link… and, on average, people who become mass shooters or are very violent have had these experiences or risk factors. There’s no one thing that you can say that is the reason but, together, a perfect storm of risk factors can give the means, motive and opportunity.”
These so-called risk factors have all come into focus in recent weeks as Cruz’s team of public defenders tries to convince a jury of his peers that his life should be spared.
The Independent’s Rachel Sharp details what jurors have learned about Cruz’s start in life and speaks to a psychologist and criminal defence attorney about what impact this truly had on him committing his crime and whether or not it will make any difference in the eyes of the jury:
Parkland shooter Nikolas Cruz may have had a horror start to life but does it matter?
Nikolas Cruz’s sentencing trial: What we’ve learned so far
Wednesday 14 September 2022 00:15 , Rachel Sharp
The sentencing trial for mass shooter Nikolas Cruz resumed on Monday as jurors weigh whether to sentence him to life in prison or to death for carrying out one of the worst school shootings in American history.
Prosecutors spent three weeks presenting graphic details of how Cruz plotted and carried out the attack, footage of him calmly going to a nearby Subway and McDonald’s in the immediate aftermath and heartbreaking testimony from the victims’ families.
The defence is now presenting its case, where it is seeking to show that Cruz suffered from behavioural and developmental issues and endured a troubled upbringing – and did not receive the appropriate help he needed.
Here’s what we have learned so far in the trial:
Nikolas Cruz’s sentencing trial: What we’ve learned so far
Who was the Parkland shooter’s biological mother Brenda Woodard?
Wednesday 14 September 2022 01:15 , Rachel Sharp
At the centre of the defence’s case is the argument that Nikolas Cruz is mentally ill and that his troubled origins are to blame for his actions – which saw him lay siege to his former school with a legally-purchased AR-15 style semi-automatic rifle in one of the deadliest mass shootings in American history.
During opening statements and testimony from several witnesses called to the stand, much of the blame for his troubled start in life was placed squarely on the shoulders of his biological mother Brenda Woodard.
Lead public defender Melisa McNeill told jurors that while “there is no defence for this crime” and Cruz is the “one person responsible for all the pain and suffering”, the “choices” Woodard made when she “poisoned him in the womb” led to the “choices” her son made back on 14 February 2018.
Read more here:
Who was the Parkland shooter’s mother Brenda Woodard?
FASD expert says he has ‘never seen’ pregnant woman abuse alcohol as much as Cruz’s mother
Wednesday 14 September 2022 02:15 , Rachel Sharp
An expert in fetal alcohol syndrome disorders (FASD) has testified that he has “never seen” a woman abuse alcohol while pregnant as much as Nikolas Cruz’s biological mother.
Dr Kenneth Jones took the witness stand on Tuesday as the defence continues to build its case that the mass murderer suffered brain damage and struggled with severe behavioural problems because of his exposure to alcohol in the womb.
Dr Jones, one of the nation’s leading FASD researchers who has a dedicated clinic for children prenatally exposed to alcohol, testified that Cruz’s biological mother drank more during her pregnancy than any woman he has ever come across in his 50-year career.
“I don’t think I have ever seen — I know I have never seen — so much alcohol consumed by a pregnant woman,” he said.
Dr Jones, who told jurors he was not being paid for his testimony, also said that he had never had so much documentation to prove a patient’s prenatal alcohol exposure.
“I have never, ever in my life seen an individual who has been affected by prenatal exposure to alcohol in which there is documentation – and I think pretty darn good documentation — of alcohol exposure,” he said.
The Independent’s Rachel Sharp has the full story:
Nikolas Cruz: FASD expert says mother drank more alcohol than any pregnant woman
ICYMI: Cruz’s team says his brain is ‘irretrievably broken’ because of mother’s drinking
Wednesday 14 September 2022 03:15 , Rachel Sharp
Nikolas Cruz’s defence team said that his brain is “irretrievably broken” because of his biological mother’s drinking and drug-taking while pregnant, as they urged jurors not to sentence the Parkland mass shooter to death.
Attorneys for Cruz delivered opening statements in his defence on 22 August, as they began their case at his sentencing trial in Broward County, Florida.
Lead public defender Melisa McNeill acknowledged that “there is no defence for this crime” and that Cruz is the “one person responsible for all the pain and suffering” caused by the massacre at Marjorie Stoneman Douglas High School on Valentine’s Day 2018.
But, while it was him who “viciously murdered 17 people”, Ms McNeill said that the “choices” he made that day all began with the “choices” made by his biological mother Brenda Woodard when she “poisoned him in the womb”.
“His brain is broken. He is a damaged human being,” she said.
Nikolas Cruz team says his brain is ‘irretrievably broken’ as he fights death penalty
Students evacuated from LA school over ‘hoax’ shooting report
Wednesday 14 September 2022 05:15 , Rachel Sharp
Students were evacuated after police in Los Angeles were called to reports of a shooting at Hollywood High School on Tuesday.
LAPD says that they received a radio call at 9.43am on Tuesday reporting an assault with a deadly weapon taking place at the campus of the school.
The police department says that when officers arrived at the scene they found no evidence of a shooting, but the school was placed in lockdown as the situation was investigated.
Students were ordered to shelter in place or were moved to safety across the campus, while Sunset boulevard was closed at Orange Avenue.
The Independent’s Graeme Massie has the full story:
Students evacuated as police investigate shooting report at Hollywood High School
Who is Zachary Cruz?
Wednesday 14 September 2022 07:15 , Rachel Sharp
The brother of Parkland mass shooter Nikolas Cruz is believed to be starring in a reality show about his life and was previously charged with trespassing at the school where his brother murdered 17 innocent people.
Zachary Cruz, 22, is expected to testify for the defence in Cruz’s sentencing trial, where a jury will decide whether to give him to life in prison without the possibility of parole or the death penalty.
Zacharay, who is 14 months younger than his 23-year-old murderer brother, has stood by Cruz ever since he carried out one of the deadliest school shootings in US history.
Here’s what we know about Cruz’s younger brother:
Who is Zachary Cruz? Parkland shooter’s brother to testify at trial
What are fetal alcohol spectrum disorders (FASD)?
Wednesday 14 September 2022 09:15 , Rachel Sharp
One of the key parts of the defence’s argument is that he suffers from fetal alcohol spectrum disorders (FASD) caused by his biological mother abusing alcohol and drugs while pregnant.
FASDs are conditions caused by an individual being exposed to alcohol in the womb before birth.
According to the CDC, alcohol is passed from the mother’s blood to the baby via the umbilical cord.
It is surprisingly common, occurring in up to 1 in every 20 people, according to FASD United.
The effects of FASD can vary but typically include both physical problems and behavioural and learning problems.
Signs and symptoms include: learning disabilities, small head size, hyperactive behaviour, poor reasoning and judgment skills, difficulty in school and intellectual disability, among other things.
The Independent’s Rachel Sharp has the full story:
Nikolas Cruz: What are fetal alcohol spectrum disorders?
Remembering the victims of Parkland
Wednesday 14 September 2022 10:15 , Rachel Sharp
Seventeen students and staff members were murdered in the mass shooting at Marjory Stoneman Douglas High School on Valentine’s Day 2018.
The 14 students killed were: Alyssa Alhadeff, Martin Duque, Nicholas Dworet, Jaime Guttenberg, Luke Hoyer, Cara Loughran, Gina Montalto, Joaquin Oliver, Alaina Petty, Meadow Pollack, Helena Ramsay, Alex Schachter, Carmen Schentrup and Peter Wang.
The three adults killed were: Scott Beigel, Chris Hixon and Aaron Feis.
Debbi Hixon, who should have recently celebrated her 32nd wedding anniversary with her husband Chris, told The Independent ahead of the start of the trial that the trial is a way for people to hear the stories of each of the people who were killed that day.
“People say the 17 parents and the 17 students [when they talk about Parkland],” she said.
“People don’t know the story of each individual who was lost and, for us who lost them, that’s the story. And it’s frustrating that it isn’t about those who were lost.”
She adds: “All the 14 beautiful children and three adults that were lost. They all have their own story.”
Parkland victim’s widow speaks out as victims remembered
Nikolas Cruz had a horror start to life but does it matter in trial?
Wednesday 14 September 2022 11:15 , Rachel Sharp
It began before he was even born: Nikolas Cruz’s biological mother drank alcohol and abused drugs while he was still in the womb.
At the age of five, his adoptive father suddenly collapsed and died in front of him in the family home. In his teenage years, he was allegedly bullied by his brother and sexually abused by a so-called “trusted peer”. At 19, he became an orphan when his adoptive mother died from pneumonia.
And just three months later, he murdered 17 innocent students and staff in a shooting rampage at his former high school.
“Without any one of those problems, it may never have happened,” Abigail Marsh, professor in the Department of Psychology and the Interdisciplinary Neuroscience Program at Georgetown University, tells The Independent.
“For any given person there is a causal explanation, a link… and, on average, people who become mass shooters or are very violent have had these experiences or risk factors. There’s no one thing that you can say that is the reason but, together, a perfect storm of risk factors can give the means, motive and opportunity.”
These so-called risk factors have all come into focus in recent weeks as Cruz’s team of public defenders tries to convince a jury of his peers that his life should be spared.
The Independent’s Rachel Sharp details what jurors have learned about Cruz’s start in life and speaks to a psychologist and criminal defence attorney about what impact this truly had on him committing his crime and whether or not it will make any difference in the eyes of the jury:
Parkland shooter Nikolas Cruz may have had a horror start to life but does it matter?
RECAP: What happened on Monday
Wednesday 14 September 2022 12:15 , Rachel Sharp
Monday’s session got off to a slow start as the defence and prosecution wrestled over the slides that a defence witness would be presenting in court.
At issue were statements made by Cruz’s biological mother Brenda Woodard, prior to her death.
Dr Paul Connor was then called to the stand, with the day focusing on the defence’s argument that Cruz suffers from fetal alcohol spectrum disorders (FASD) because Woodard abused alcohol when she was pregnant.
The neuropsychologist said that official birth and adoption records and testimony from prior witnesses show that Cruz was exposed to alcohol in the womb.
Dr Connor explained that alcohol exposure in the womb can lead to poor motor skills, lack of social skills and impulse control.
He told the court that he carried out neuropsychological testing on Cruz, which found that he has an FASD.
Out of 11 domains of neuropsychological testing, Cruz had deficits in nine, he found.
These domains are: IQ, academic, memory, visual/spatial, attention, processing speed, motor skills, executive functioning, suggestability, direct adaptive function and informant adaptive function.
The FASD expert said that if an individual has three or more domains, that is consistent with them having an FASD.
RECAP: What happened on Tuesday?
Wednesday 14 September 2022 13:15 , Rachel Sharp
Day 23 of the sentencing trial began with the prosecution resuming its cross examination of neuropsychologist Dr Paul Connor.
He testified on Monday that he had carried out a neuropsychological assessment of Cruz and found that he suffers from fetal alcohol spectrum disorders (FASD), caused by his biological mother abusing alcohol when she was pregnant.
Lead prosecutor Mike Satz sought to pick holes in his assessment and about the test results not featured in his graph.
Dr Kenneth Jones, a leading expert in FASD with a 50-year career in the field, was called to the stand next.
He testified that he had seen over 1,000 people who have been exposed to alcohol in the womb and found “without any question” that Cruz has alcohol-related neurodevelopmental disorder (ARND) – a condition under the FASD umbrella.
The FASD expert testified that he has “never seen” any woman abuse alcohol while pregnant as much as Cruz’s biological mother.
He also testified that FASD can cause people to commit murders.
Under cross-examination, Dr Jones was asked about evidence that shows Cruz planned the Valentine’s Day 2018 massacre – researching mass shootings online in the months leading up to the attack – and whether that contradicts the behaviours of someone with FASD.
FASD expert says he has ‘never seen’ pregnant woman abuse alcohol as much as Cruz’s mother
Wednesday 14 September 2022 14:15 , Rachel Sharp
An expert in fetal alcohol syndrome disorders (FASD) has testified that he has “never seen” a woman abuse alcohol while pregnant as much as Nikolas Cruz’s biological mother.
Dr Kenneth Jones took the witness stand on Tuesday as the defence continues to build its case that the mass murderer suffered brain damage and struggled with severe behavioural problems because of his exposure to alcohol in the womb.
Dr Jones, one of the nation’s leading FASD researchers who has a dedicated clinic for children prenatally exposed to alcohol, testified that Cruz’s biological mother drank more during her pregnancy than any woman he has ever come across in his 50-year career.
“I don’t think I have ever seen — I know I have never seen — so much alcohol consumed by a pregnant woman,” he said.
Dr Jones, who told jurors he was not being paid for his testimony, also said that he had never had so much documentation to prove a patient’s prenatal alcohol exposure.
“I have never, ever in my life seen an individual who has been affected by prenatal exposure to alcohol in which there is documentation – and I think pretty darn good documentation — of alcohol exposure,” he said.
The Independent’s Rachel Sharp has the full story:
Nikolas Cruz: FASD expert says mother drank more alcohol than any pregnant woman
Watch: Expert speaks about Cruz’s fetal alcohol exposure
Wednesday 14 September 2022 14:45 , Rachel Sharp
On Tuesday, jurors heard testimony from Dr Kenneth Jones – one of the nation’s leading fetal alcohol spectrum disorder (FASD) experts.
Watch some of his testimony below:
Defence shocks courtroom by suddenly resting case
Wednesday 14 September 2022 15:17 , Rachel Sharp
The defence has rested its case.
The move came as a shock to both the judge and the prosecution who were waiting for the defence to call its first witness for the day.
Judge admonishes ‘unprofessional’ defence team
Wednesday 14 September 2022 15:45 , Rachel Sharp
Judge Elizabeth Scherer blasted the defence for its sudden announcement, labelling their actions the most “unprofessional” she had ever come across in her career.
“I have never experienced a level of unprofessionalism in my career,” she fumed.
The defence sparked the furious response from the judge after suddenly making the bombshell announcement that it was resting its case.
Before jurors entered the courtroom on Wednesday morning, Judge Scherer had asked who the defence was calling as its next witness and which member of the team would be questioning them.
It was then that the defence said it was resting its case.
The move caught the entire courtroom off guard, with the prosecution retorting that they were expecting another 40 defence witnesses for the defence and so were unprepared for their rebuttal case.
Defence accused of ‘playing game'
Wednesday 14 September 2022 16:08 , Rachel Sharp
Judge Elizabeth Scherer looked baffled by defence’s announcement, telling them: “We’re not playing chess.”
After she recovered from the initial shock, she launched into a scathing admonishment of the defence team, labelling their actions the most “unprofessional” she had ever come across in her career.
“I just want to say that this is the most uncalled for, unprofessional way to try a case,” she fumed.
“You all knew about this and even if you didn’t make your decision until this morning, to have 22 people and all these staff and every attorney march into court and be waiting like some sort of game.
“Now I’m going to 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.”
When Cruz’s attorney tried to respond, the judge said she didn’t “want to hear it”.
“Judge you are insulting me on the record in front of my client and I believe I should have the right –” she said.
Judge Scherer cut her off, accusing the defence attorney of “insulting” her the “entire trial”.
“Okay well you can put that on the record later but you have 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. Quite frankly this has been well overdue.”
Cruz asked if he is happy with defence’s decision
Wednesday 14 September 2022 16:23 , Rachel Sharp
The defence previously said it planned to call around 80 witnesses as they seek to urge jurors to sentence Cruz to life in prison without parole instead of death.
Cruz was questioned under oath by the judge about the decision and whether he understands that – by resting the case – he has waived his right to testify or call any other witnesses. He agreed “yes ma’am” that he was satisfied with his team’s decisions.
The prosecution team read out the full list of defence witnesses not called to testify and the judge asked Cruz if he wanted to call any of them.
He responded: “I don’t know who those people are. I trust my lawyers.”
Judge Scherer pointed out that he knows who Zachary Cruz and Richard Moore is. She also pointed out that he knows the doctors who evaluated him.
The judge gave Cruz a few minutes to discuss the decision with his lawyers, before he responded “I think we’re fine”.
Jurors return to court
Wednesday 14 September 2022 16:31 , Rachel Sharp
The jurors have returned to the courtroom and the defence has officially rested its case in their presence.
Court is on recess until 27 September
Wednesday 14 September 2022 16:48 , Rachel Sharp
Judge Elizabeth Scherer has excused the jurors and the court is now on recess until 27 September.
The prosecution will begin its rebuttal case then.
Judge tells jurors two-week pause is ‘nobody’s fault'
Wednesday 14 September 2022 17:10 , Rachel Sharp
Judge Elizabeth Scherer told jurors not to blame the prosecution or the defence for the lengthy pause in the sentencing trial, saying that “it is nobody’s fault” and that “it is impossible to anticipate” the timings in a trial.
“We did not anticipate that the defence would be resting today, therefore the state is not prepared to go forward with the rebuttal case until the 27,” she said.
“That’s nobody’s fault, it’s my fault – so if you need to blame someone, blame me.”
Jurors will be excused today and will return for the state’s rebuttal on 27 September.
The lengthy delay comes after the defence shocked both the prosecution and the judge by suddenly resting its case on Wednesday morning – with more than half of its 80-person witness list yet to be called.
The decision caught the prosecution off guard and they said they would need until 27 September to prepare their rebuttal case.
The judge’s message to the jury came in stark contrast to her reaction in the immediate aftermath of the defence’s announcement where she accused them of playing “a game” and being “unprofessional”.
Future court schedule:
Wednesday 14 September 2022 17:40 , Rachel Sharp
Today – Jurors will be excused today and there will be a two-week break before the state’s rebuttal.
27 September – The prosecution will begin its rebuttal case on 27 September. The rebuttal case is expected to take around one week.
7 October – State case is expected to finish.
10 October – Jurors are expected to begin deliberations. They will be sequestered during that time.
Nikolas Cruz’s defence rests case in bombshell move blasted ‘unprofessional’ by judge
Wednesday 14 September 2022 18:10 , Rachel Sharp
The defence has rested its case in the sentencing trial for Parkland shooter Nikolas Cruz, in a bombshell move that derailed proceedings and sparked a furious response from the judge.
“Honestly, I have never experienced a level of unprofessionalism in my career. It’s unbelievable,” Judge Elizabeth Scherer scolded Cruz’s attorneys during a heated exchange in Broward County Court, Florida, on Wednesday morning.
Cruz’s legal team previously said it planned to call around 80 witnesses as they seek to convince jurors to sentence the mass murderer to life in prison without parole instead of to death. Since the team of public defenders began presenting its case back on 22 August, less than half of those witnesses have been called – with widely anticipated testimony from the killer’s brother still unheard.
Before jurors entered the courtroom on Wednesday morning, Judge Elizabeth Scherer asked the defence who they were calling as the next witness and which member of the team would be questioning them.
It was then that the defence made the shock announcement that it was resting its case.
The Independent’s Rachel Sharp has the full story:
Nikolas Cruz’s defence rests case in bombshell move blasted ‘unprofessional’ by judge
Nikolas Cruz’s sentencing trial: Day 24 in pictures
Wednesday 14 September 2022 18:40 , Rachel Sharp
Nikolas Cruz is sworn in by the judge on Wednesday morning:
Judge Elizabeth Scherer blasts the defence for being “unprofessional” after they shock the court by abruptly resting their case:
Cruz’s attorney Melisa McNeill tries to respond to the ‘insulting’ criticism but is cut off by the judge:
Jurors were brought into the courtroom and excused until 27 September when the prosecution will begin its rebuttal
Father of Parkland victim ‘in complete shock’ after defence abruptly rested case
Wednesday 14 September 2022 19:10 , Rachel Sharp
The father of one of the victims of the Parkland massacre has said he is “in complete shock” by the day’s events, after Nikolas Cruz’s defence team abruptly rested its case without warning.
“I am in complete shock. That is all I will say about the trial at this time. Once the jury renders its verdict, I will have much to say,” tweeted Fred Guttenberg.
Mr Guttenberg’s 14-year-old daughter Jaime Guttenberg was among the 17 students and staff members murdered by Cruz in the Valentine’s Day 2018 mass shooting at Marjory Stoneman Douglas High School.
The freshman student and talented dancer was killed as she tried to run from the gunman in the third floor hallway of the school building. Her older brother Jesse was also a student at the school at the time and survived the attack.
Mr Guttenberg is now a prominent gun control advocate.
I am in complete shock. That is all I will say about the trial at this time. Once the jury renders its verdict, I will have much to say.
— Fred Guttenberg (@fred_guttenberg) September 14, 2022
Watch: Judge Scherer fumes as defence’s abruptly rests case
Wednesday 14 September 2022 19:40 , Rachel Sharp
The courtroom descended into chaos on Wednesday morning when the defence abruptly rested its case without warning.
Judge Elizabeth Scherer branded the defence’s actions the most “unprofessional” she had ever come across in her career – as it caught everyone in the courtroom off guard and left the prosecution unprepared for its rebuttal.
“Honestly, I have never experienced a level of unprofessionalism in my career. It’s unbelievable,” she fumed.
The judge was forced to place the trial on a two week pause until 27 September so the prosecution could prepare for its rebuttal case.
Watch the moment below:
The key witnesses jurors won’t hear from after defence rested case
Wednesday 14 September 2022 20:10 , Rachel Sharp
In a move that caught the entire courtroom off guard on Wednesday morning, Nikolas Cruz’s defence team announced it was resting its case in his sentencing trial.
The 23-year-old mass murderer’s legal team previously said it planned to call around 80 witnesses to the stand as they try to convince jurors to sentence him to life in prison instead of to death.
But, at the start of Wednesday’s court session, Cruz’s lead attorney Melisa McNeill suddenly revealed that the defence was resting – after calling only around 25 witnesses.
While the bombshell announcement instantly plunged the courtroom into chaos, it also means jurors will no longer hear from several widely-anticipated witnesses.
Here are some of the key witnesses who had been expected to testify:
Nikolas Cruz trial: Key witnesses jurors won’t hear from after defence rested case
Cruz’s brother Zachary notably absent from defence case
Wednesday 14 September 2022 20:40 , Rachel Sharp
Zachary Cruz, 22, was on the defence’s list of witnesses and had long been expected to testify about his older brother’s childhood.
Zachary has the same biological mother as Cruz – Brenda Woodard – and was also adopted by Lynda and Roger Cruz as a baby, being raised in the same home as the mass murderer.
When Cruz was five and Zachary four, Roger died from a sudden heart attack, leaving Lynda to raise the two boys alone.
Jurors have heard testimony that Zachary bullied his older brother and that Lynda struggled with both of her sons’ behaviour, calling the police to the family home dozens of times.
In November 2017– just three months before the school shooting – Lynda then died at the age of 68, leaving the two boys orphaned.
Zacharay hit headlines himself in the aftermath when he was given six months probation for trespassing at the school site where his brother went on his murderous rampage.
The decision not to call Zachary to testify comes after the judge denied a motion from his attorney asking for the prosecution to be banned from asking certain questions.
Prosecutors also said at one point in the trial that Zachary was starring in a reality show called “Being Zachary Cruz”.
Nikolas Cruz’s sentencing trial: What we’ve learned so far
Wednesday 14 September 2022 21:10 , Rachel Sharp
The sentencing trial for mass shooter Nikolas Cruz resumed on Monday as jurors weigh whether to sentence him to life in prison or to death for carrying out one of the worst school shootings in American history.
Prosecutors spent three weeks presenting graphic details of how Cruz plotted and carried out the attack, footage of him calmly going to a nearby Subway and McDonald’s in the immediate aftermath and heartbreaking testimony from the victims’ families.
The defence rested its case on Wednesday, after spending 11 days seeking to show that Cruz suffered from behavioural and developmental issues and endured a troubled upbringing – and did not receive the appropriate help he needed.
Here’s what we have learned so far in the trial:
Nikolas Cruz’s sentencing trial: What we’ve learned so far
RECAP: What happened on Monday?
Wednesday 14 September 2022 21:40 , Rachel Sharp
Monday’s session got off to a slow start as the defence and prosecution wrestled over the slides that a defence witness would be presenting in court.
At issue were statements made by Cruz’s biological mother Brenda Woodard, prior to her death.
Dr Paul Connor was then called to the stand, with the day focusing on the defence’s argument that Cruz suffers from fetal alcohol spectrum disorders (FASD) because Woodard abused alcohol when she was pregnant.
The neuropsychologist said that official birth and adoption records and testimony from prior witnesses show that Cruz was exposed to alcohol in the womb.
Dr Connor explained that alcohol exposure in the womb can lead to poor motor skills, lack of social skills and impulse control.
He told the court that he carried out neuropsychological testing on Cruz, which found that he has an FASD.
Out of 11 domains of neuropsychological testing, Cruz had deficits in nine, he found.
These domains are: IQ, academic, memory, visual/spatial, attention, processing speed, motor skills, executive functioning, suggestability, direct adaptive function and informant adaptive function.
The FASD expert said that if an individual has three or more domains, that is consistent with them having an FASD.
RECAP: What happened on Tuesday?
Wednesday 14 September 2022 22:10 , Rachel Sharp
Day 23 of the sentencing trial began with the prosecution resuming its cross examination of neuropsychologist Dr Paul Connor.
He testified on Monday that he had carried out a neuropsychological assessment of Cruz and found that he suffers from fetal alcohol spectrum disorders (FASD), caused by his biological mother abusing alcohol when she was pregnant.
Lead prosecutor Mike Satz sought to pick holes in his assessment and about the test results not featured in his graph.
Dr Kenneth Jones, a leading expert in FASD with a 50-year career in the field, was called to the stand next.
He testified that he had seen over 1,000 people who have been exposed to alcohol in the womb and found “without any question” that Cruz has alcohol-related neurodevelopmental disorder (ARND) – a condition under the FASD umbrella.
The FASD expert testified that he has “never seen” any woman abuse alcohol while pregnant as much as Cruz’s biological mother.
He also testified that FASD can cause people to commit murders.
Under cross-examination, Dr Jones was asked about evidence that shows Cruz planned the Valentine’s Day 2018 massacre – researching mass shootings online in the months leading up to the attack – and whether that contradicts the behaviours of someone with FASD.
RECAP: What happened on Wednesday?
Wednesday 14 September 2022 23:00 , Rachel Sharp
Wednesday’s session immediately descended into chaos when the defence made the shock announcement that it was resting its case – days if not weeks earlier than anticipated.
Cruz’s legal team previously said it planned to call around 80 witnesses to the stand as they try to convince jurors to sentence him to life in prison instead of to death.
But, at the start of Wednesday’s court session, Cruz’s lead attorney Melisa McNeill suddenly revealed that the defence was resting – after calling only around 25 witnesses.
Judge Elizabeth Scherer slammed the defence as “unprofessional” for catching the court off guard and forcing yet more delays to the case.
“Honestly, I have never experienced a level of unprofessionalism in my career. It’s unbelievable,” she fumed.
The prosecution said it was expecting 40 more defence witnesses and so was not ready to present its rebuttal case.
Jurors, who were not present during the heated exchange, were then excused and told the trial will resume on 27 September, when the state will begin its rebuttal.
The rebuttal is expected to last around a week with the jury likely to begin deliberations around 10 October.
Nikolas Cruz had a horror start to life but does it matter in trial?
Thursday 15 September 2022 00:00 , Rachel Sharp
It began before he was even born: Nikolas Cruz’s biological mother drank alcohol and abused drugs while he was still in the womb.
At the age of five, his adoptive father suddenly collapsed and died in front of him in the family home. In his teenage years, he was allegedly bullied by his brother and sexually abused by a so-called “trusted peer”. At 19, he became an orphan when his adoptive mother died from pneumonia.
And just three months later, he murdered 17 innocent students and staff in a shooting rampage at his former high school.
“Without any one of those problems, it may never have happened,” Abigail Marsh, professor in the Department of Psychology and the Interdisciplinary Neuroscience Program at Georgetown University, tells The Independent.
“For any given person there is a causal explanation, a link… and, on average, people who become mass shooters or are very violent have had these experiences or risk factors. There’s no one thing that you can say that is the reason but, together, a perfect storm of risk factors can give the means, motive and opportunity.”
These so-called risk factors have all come into focus in recent weeks as Cruz’s team of public defenders tries to convince a jury of his peers that his life should be spared.
The Independent’s Rachel Sharp details what jurors have learned about Cruz’s start in life and speaks to a psychologist and criminal defence attorney about what impact this truly had on him committing his crime and whether or not it will make any difference in the eyes of the jury:
Parkland shooter Nikolas Cruz may have had a horror start to life but does it matter?
Nikolas Cruz’s defence rests case in bombshell move blasted ‘unprofessional’ by judge
Thursday 15 September 2022 01:00 , Rachel Sharp
The defence has rested its case in the sentencing trial for Parkland shooter Nikolas Cruz, in a bombshell move that derailed proceedings and sparked a furious response from the judge.
“Honestly, I have never experienced a level of unprofessionalism in my career. It’s unbelievable,” Judge Elizabeth Scherer scolded Cruz’s attorneys during a heated exchange in Broward County Court, Florida, on Wednesday morning.
Cruz’s legal team previously said it planned to call around 80 witnesses as they seek to convince jurors to sentence the mass murderer to life in prison without parole instead of to death. Since the team of public defenders began presenting its case back on 22 August, less than half of those witnesses have been called – with widely anticipated testimony from the killer’s brother still unheard.
Before jurors entered the courtroom on Wednesday morning, Judge Elizabeth Scherer asked the defence who they were calling as the next witness and which member of the team would be questioning them.
It was then that the defence made the shock announcement that it was resting its case.
The Independent’s Rachel Sharp has the full story:
Nikolas Cruz’s defence rests case in bombshell move blasted ‘unprofessional’ by judge
FASD expert says he has ‘never seen’ pregnant woman abuse alcohol as much as Cruz’s mother
Thursday 15 September 2022 02:00 , Rachel Sharp
An expert in fetal alcohol syndrome disorders (FASD) has testified that he has “never seen” a woman abuse alcohol while pregnant as much as Nikolas Cruz’s biological mother.
Dr Kenneth Jones took the witness stand on Tuesday as the defence continues to build its case that the mass murderer suffered brain damage and struggled with severe behavioural problems because of his exposure to alcohol in the womb.
Dr Jones, one of the nation’s leading FASD researchers who has a dedicated clinic for children prenatally exposed to alcohol, testified that Cruz’s biological mother drank more during her pregnancy than any woman he has ever come across in his 50-year career.
“I don’t think I have ever seen — I know I have never seen — so much alcohol consumed by a pregnant woman,” he said.
Dr Jones, who told jurors he was not being paid for his testimony, also said that he had never had so much documentation to prove a patient’s prenatal alcohol exposure.
“I have never, ever in my life seen an individual who has been affected by prenatal exposure to alcohol in which there is documentation – and I think pretty darn good documentation — of alcohol exposure,” he said.
The Independent’s Rachel Sharp has the full story:
Nikolas Cruz: FASD expert says mother drank more alcohol than any pregnant woman
Who is Heather Holmes?
Thursday 15 September 2022 03:00 , Rachel Sharp
Dr Heather Holmes, a forensic psychologist, had been expected to testify for the defence.
Dr Holmes was hired by the defence to assess Cruz as part of its case that his actions were the culmination of his emotional and developmental problems.
However, in a motion filed before the trial began, prosecutors revealed that the psychologist found Cruz was faking at least some of his issues.
Following his arrest around one hour after carrying out the Valentine’s Day 2018 massacre, Cruz claimed that he was hearing “demons" and “voices”.
“I hear demons ... a voice, demon voice,” he claimed in a police interview.
During a psychological assessment, Cruz also told Dr Holmes that he hears a voice called “Swas” in his head – short for swastika.
The voice “tells him to pretend (a radio in his cell) is a gun and to shoot the guard”, he told her, according to the court documents.
“Swas” also “wants to get shot in the back of the head in the brain stem”, the documents state.
In a deposition for the state, Dr Holmes said that she believed his claims were “nonsense”.
She said that she was “100 percent certain he is not psychotic… I took it as kind of nonsense.”
With the defence now rested, Cruz’s team can no longer call her as a witness. Judge Elizabeth Scherer singled out Dr Holmes, Cruz’s brother Zachary Cruz and Zachary’s roommate Richard Moore when asking Cruz if he understood that – by the defence resting its case – he has waived his right to testify or call any other witnesses.
Remembering the victims of Parkland
Thursday 15 September 2022 05:00 , Rachel Sharp
Seventeen students and staff members were murdered in the mass shooting at Marjory Stoneman Douglas High School on Valentine’s Day 2018.
The 14 students killed were: Alyssa Alhadeff, Martin Duque, Nicholas Dworet, Jaime Guttenberg, Luke Hoyer, Cara Loughran, Gina Montalto, Joaquin Oliver, Alaina Petty, Meadow Pollack, Helena Ramsay, Alex Schachter, Carmen Schentrup and Peter Wang.
The three adults killed were: Scott Beigel, Chris Hixon and Aaron Feis.
Debbi Hixon, who should have recently celebrated her 32nd wedding anniversary with her husband Chris, told The Independent ahead of the start of the trial that the trial is a way for people to hear the stories of each of the people who were killed that day.
“People say the 17 parents and the 17 students [when they talk about Parkland],” she said.
“People don’t know the story of each individual who was lost and, for us who lost them, that’s the story. And it’s frustrating that it isn’t about those who were lost.”
She adds: “All the 14 beautiful children and three adults that were lost. They all have their own story.”
Here are their stories:
Parkland victim’s widow speaks out as victims remembered
Why Cruz won’t be testifying:
Thursday 15 September 2022 07:00 , Rachel Sharp
With the defence rested, Cruz will no longer be able to take the stand in his own trial to try to convince jurors to spare his life.
The 23-year-old’s attorneys had not previously indicated any plans to call him to testify – which would expose him to cross-examination by the prosecution.
When Cruz changed his plea to guilty back in October, he addressed the court in a brief speech where he apologised to the 17 victims he murdered and said he wished the victims’ families could decide whether he lives or gets the death penalty.
“I am very sorry for what I did, and I have to live with it every day. If I were to get a second chance, I would do everything in my power to try to help others,” he said.
On Wednesday, when his attorneys announced they were resting their case, the judge asked him if he understood the decision and that it meant he was waiving his right to testify or to call any other witnesses in future. He agreed “yes ma’am” that he was satisfied with his team’s decisions.
Prosecutors read out the full list of defence witnesses who had not yet testified and the judge asked Cruz if he wanted to call any of them.
The judge gave Cruz a few minutes to discuss the decision with his lawyers, before he responded: “I think we’re fine”.
Who is Richard Moore?
Thursday 15 September 2022 09:00 , Rachel Sharp
One of the other notable names which featured on the defence’s witness list was Richard Moore, cofounder of bond servicing company Nexus.
Mr Moore had never met Cruz or his brother Zachary prior to the 2018 mass shooting but reached out to Zachary following his trespassing arrest.
Mr Moore and his husband Mike Donovan have since taken Zachary under their wing and he now lives with them and their son in their family home in Virginia.
Mr Moore has attended some of Cruz’s trial and was seen at the courthouse when the defence began presenting its case.
He previously said that he doesn’t approve of what Cruz did but believes “nobody should face this alone”.
Mr Moore’s name has cropped up during the trial, with prosecutors saying that he had sent thousands of dollars of commissary to Cruz in prison “this year alone”.
His name was on the defence’s witness list but he can no longer be called after Cruz’s team rested its case.
Judge Elizabeth Scherer singled out Mr Moore, Zachary and psychologist Dr Heather Holmes when asking Cruz if he understood that – by the defence resting its case – he has waived his right to testify or call any other witnesses.
Future court schedule:
Thursday 15 September 2022 10:00 , Rachel Sharp
Today – Jurors will be excused today and there will be a two-week break before the state’s rebuttal.
27 September – The prosecution will begin its rebuttal case on 27 September. The rebuttal case is expected to take around one week.
7 October – State case is expected to finish.
10 October – Jurors are expected to begin deliberations. They will be sequestered during that time.
RECAP: What happened on Monday?
Thursday 15 September 2022 11:00 , Rachel Sharp
Monday’s session got off to a slow start as the defence and prosecution wrestled over the slides that a defence witness would be presenting in court.
At issue were statements made by Cruz’s biological mother Brenda Woodard, prior to her death.
Dr Paul Connor was then called to the stand, with the day focusing on the defence’s argument that Cruz suffers from fetal alcohol spectrum disorders (FASD) because Woodard abused alcohol when she was pregnant.
The neuropsychologist said that official birth and adoption records and testimony from prior witnesses show that Cruz was exposed to alcohol in the womb.
Dr Connor explained that alcohol exposure in the womb can lead to poor motor skills, lack of social skills and impulse control.
He told the court that he carried out neuropsychological testing on Cruz, which found that he has an FASD.
Out of 11 domains of neuropsychological testing, Cruz had deficits in nine, he found.
These domains are: IQ, academic, memory, visual/spatial, attention, processing speed, motor skills, executive functioning, suggestability, direct adaptive function and informant adaptive function.
The FASD expert said that if an individual has three or more domains, that is consistent with them having an FASD.
RECAP: What happened on Tuesday?
Thursday 15 September 2022 12:00 , Rachel Sharp
Day 23 of the sentencing trial began with the prosecution resuming its cross examination of neuropsychologist Dr Paul Connor.
He testified on Monday that he had carried out a neuropsychological assessment of Cruz and found that he suffers from fetal alcohol spectrum disorders (FASD), caused by his biological mother abusing alcohol when she was pregnant.
Lead prosecutor Mike Satz sought to pick holes in his assessment and about the test results not featured in his graph.
Dr Kenneth Jones, a leading expert in FASD with a 50-year career in the field, was called to the stand next.
He testified that he had seen over 1,000 people who have been exposed to alcohol in the womb and found “without any question” that Cruz has alcohol-related neurodevelopmental disorder (ARND) – a condition under the FASD umbrella.
The FASD expert testified that he has “never seen” any woman abuse alcohol while pregnant as much as Cruz’s biological mother.
He also testified that FASD can cause people to commit murders.
Under cross-examination, Dr Jones was asked about evidence that shows Cruz planned the Valentine’s Day 2018 massacre – researching mass shootings online in the months leading up to the attack – and whether that contradicts the behaviours of someone with FASD.
RECAP: What happened on Wednesday?
Thursday 15 September 2022 13:00 , Rachel Sharp
Wednesday’s session immediately descended into chaos when the defence made the shock announcement that it was resting its case – days if not weeks earlier than anticipated.
Cruz’s legal team previously said it planned to call around 80 witnesses to the stand as they try to convince jurors to sentence him to life in prison instead of to death.
But, at the start of Wednesday’s court session, Cruz’s lead attorney Melisa McNeill suddenly revealed that the defence was resting – after calling only around 25 witnesses.
Judge Elizabeth Scherer slammed the defence as “unprofessional” for catching the court off guard and forcing yet more delays to the case.
“Honestly, I have never experienced a level of unprofessionalism in my career. It’s unbelievable,” she fumed.
The prosecution said it was expecting 40 more defence witnesses and so was not ready to present its rebuttal case.
Jurors, who were not present during the heated exchange, were then excused and told the trial will resume on 27 September, when the state will begin its rebuttal.
The rebuttal is expected to last around a week with the jury likely to begin deliberations around 10 October.
Thursday 15 September 2022 14:00 , Rachel Sharp
Nikolas Cruz’s defence rests case in bombshell move blasted ‘unprofessional’ by judge
The defence has rested its case in the sentencing trial for Parkland shooter Nikolas Cruz, in a bombshell move that derailed proceedings and sparked a furious response from the judge.
“Honestly, I have never experienced a level of unprofessionalism in my career. It’s unbelievable,” Judge Elizabeth Scherer scolded Cruz’s attorneys during a heated exchange in Broward County Court, Florida, on Wednesday morning.
Cruz’s legal team previously said it planned to call around 80 witnesses as they seek to convince jurors to sentence the mass murderer to life in prison without parole instead of to death. Since the team of public defenders began presenting its case back on 22 August, less than half of those witnesses have been called – with widely anticipated testimony from the killer’s brother still unheard.
Before jurors entered the courtroom on Wednesday morning, Judge Elizabeth Scherer asked the defence who they were calling as the next witness and which member of the team would be questioning them.
It was then that the defence made the shock announcement that it was resting its case.
The Independent’s Rachel Sharp has the full story:
Nikolas Cruz’s defence rests case in bombshell move blasted ‘unprofessional’ by judge
The key witnesses jurors won’t hear from after defence rested case
Thursday 15 September 2022 15:00 , Rachel Sharp
In a move that caught the entire courtroom off guard on Wednesday morning, Nikolas Cruz’s defence team announced it was resting its case in his sentencing trial.
The 23-year-old mass murderer’s legal team previously said it planned to call around 80 witnesses to the stand as they try to convince jurors to sentence him to life in prison instead of to death.
But, at the start of Wednesday’s court session, Cruz’s lead attorney Melisa McNeill suddenly revealed that the defence was resting – after calling only around 25 witnesses.
While the bombshell announcement instantly plunged the courtroom into chaos, it also means jurors will no longer hear from several widely-anticipated witnesses.
Here are some of the key witnesses who had been expected to testify:
Nikolas Cruz trial: Key witnesses jurors won’t hear from after defence rested case
Nikolas Cruz had a horror start to life but does it matter in trial?
Thursday 15 September 2022 16:00 , Rachel Sharp
It began before he was even born: Nikolas Cruz’s biological mother drank alcohol and abused drugs while he was still in the womb.
At the age of five, his adoptive father suddenly collapsed and died in front of him in the family home. In his teenage years, he was allegedly bullied by his brother and sexually abused by a so-called “trusted peer”. At 19, he became an orphan when his adoptive mother died from pneumonia.
And just three months later, he murdered 17 innocent students and staff in a shooting rampage at his former high school.
“Without any one of those problems, it may never have happened,” Abigail Marsh, professor in the Department of Psychology and the Interdisciplinary Neuroscience Program at Georgetown University, tells The Independent.
“For any given person there is a causal explanation, a link… and, on average, people who become mass shooters or are very violent have had these experiences or risk factors. There’s no one thing that you can say that is the reason but, together, a perfect storm of risk factors can give the means, motive and opportunity.”
These so-called risk factors have all come into focus in recent weeks as Cruz’s team of public defenders tries to convince a jury of his peers that his life should be spared.
The Independent’s Rachel Sharp details what jurors have learned about Cruz’s start in life and speaks to a psychologist and criminal defence attorney about what impact this truly had on him committing his crime and whether or not it will make any difference in the eyes of the jury:
Parkland shooter Nikolas Cruz may have had a horror start to life but does it matter?
Future court schedule:
Thursday 15 September 2022 17:00 , Rachel Sharp
Today – Jurors will be excused today and there will be a two-week break before the state’s rebuttal.
27 September – The prosecution will begin its rebuttal case on 27 September. The rebuttal case is expected to take around one week.
7 October – State case is expected to finish.
10 October – Jurors are expected to begin deliberations. They will be sequestered during that time.
