Parkland shooter’s defense team remains case without warning

FORT LAUDERDALE – Editor’s note: Daily coverage of the Parkland trial is being provided to all readers as a public service.

The defense in the Parkland mass shooting trial rested its case Wednesday, shocking the judge and prosecutors who were unprepared for the start of the next and final phase of testimony.

The abrupt announcement came Wednesday morning and sparked heated criticism from a visibly stunned Broward Circuit Judge Elizabeth Scherer, who accused attorneys of wasting a day of court for not letting anyone know ahead of time.

There was no prior warning to the public, the prosecution or the judge. Defendant Nikolas Cruz, 23, did not take the stand, and prosecutors had not made preparations to begin presenting their rebuttal case.

“We’re not playing chess,” the judge said when the defense announced its intention. “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,” she said. “To have 22 people plus all of the staff and every attorney march into court and be waiting as if it’s some kind of game… I have never experienced a level of unprofessionalism in my career. It’s unbelievable.”

Lead defense lawyer Melisa McNeill attempted to explain the decision, but the judge told her to wait.

[ RELATED: What life is like on death row: Possible future for Parkland school killer ]

“Well judge, you’re insulting me on the record in front of my client,” the attorney said.

“You’ve been insulting me the entire trial,” Scherer responded.

Jurors were not in the courtroom to hear the tense exchange.

Family members of the victims declined to comment on their way out of the courtroom Wednesday. Other than delivering their victim impact testimony to the court, none began to have made public statements since the trial.

[ RELATED: As his defense launches, Parkland shooter still fixated on blood, murder, revenge ]

On social media, one victim’s father could not remain silent.

“I am in complete shock,” said Fred Guttenberg, whose 14-year-old daughter, Jaime, was among the slain. “That is all I will say about the trial at this time.”

Lawyers on both sides are now preparing to shift from the defense case back to the prosecution, which is entitled to present a rebuttal to refute the testimony of experts who say Cruz suffered from mental illnesses that were never adequately addressed during his childhood.

[ RELATED: Prosecutors rest their case in Parkland trial after last of victims’ families share testimony, jurors tour school ]

The defense case, as outlined by McNeill in her Aug. 22 opening statement, walked a tightrope, asking the jury to show mercy to their client because of his poor mental health without using that issue to excuse what he did at Marjory Stoneman Douglas High School on Feb. 14, 2018.

Cruz, 23, has confessed to killing 17 people and wounding 17 others in Parkland in a Valentine’s Day massacre.

Unlike the prosecution’s case, which drew to a climax with the jury’s tour of the preserved crime scene, the defense case ended without a big reveal, with only 26 of 80 anticipated witnesses called to the stand, and without the testimony of the person closest to the defendant, his brother, Zachary Cruz.

[ RELATED: ‘His brain was irretrievably broken’: Florida school shooter was damaged even before birth, defense attorney says ]

The defendant faces the death penalty for each of the 17 murders he committed. Defense lawyers sought to convince jurors he was in a lifelong battle for control of his own behavior, and they will likely challenge prosecution efforts to downplay his mental health history.

A jury’s unanimous vote is required to sentence Cruz to death; otherwise he will be sentenced to life in prison.

Prosecutors will take a week to present their rebuttal starting on Sept. 27, followed by closing arguments expected the week of Oct. 10.

Rafael Olmeda can be reached at [email protected]954-356-4457 or on Twitter @rolmeda. David Fleshler can be reached at [email protected] or 954-356-4535

[ RELATED: ‘Someone help me.’ Victim’s pleas, thundering gunfire on video shake courtroom on opening day of Marjory Stoneman Douglas mass shooting trial ]