This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.nytimes.com/2022/10/11/us/parkland-trial-closing-arguments.html

The article has changed 3 times. There is an RSS feed of changes available.

Version 0 Version 1
Florida Jury Prepares to Decide Parkland Gunman’s Punishment Florida Jury Prepares to Decide Parkland Gunman’s Punishment
(30 minutes later)
FORT LAUDERDALE, Fla. — The fate of Nikolas Cruz, who shot and killed 17 people at his former high school in Parkland, Fla., will soon be in the hands of a jury, after prosecutors and defense lawyers made impassioned closing arguments on Tuesday over whether he should spend the rest of his life in prison or be put to death.FORT LAUDERDALE, Fla. — The fate of Nikolas Cruz, who shot and killed 17 people at his former high school in Parkland, Fla., will soon be in the hands of a jury, after prosecutors and defense lawyers made impassioned closing arguments on Tuesday over whether he should spend the rest of his life in prison or be put to death.
Michael J. Satz, the lead prosecutor, cast the defendant as a coldhearted sociopath who painstakingly planned the rampage he carried out on Feb. 14, 2018 to gain notoriety, choosing Valentine’s Day to forever ruin it for the students, teachers and families of Marjory Stoneman Douglas High School. “It was a systematic massacre,” he said, describing Mr. Cruz as “hunting his victims.” Michael J. Satz, the lead prosecutor, cast the defendant as a coldhearted sociopath who painstakingly planned the rampage he carried out on Feb. 14, 2018, to gain notoriety, choosing Valentine’s Day to forever ruin it for the students, teachers and families of Marjory Stoneman Douglas High School. “It was a systematic massacre,” he said, describing Mr. Cruz as “hunting his victims.”
“He went and finished them off,” Mr. Satz said. “He made sure they were dead.”“He went and finished them off,” Mr. Satz said. “He made sure they were dead.”
Melisa McNeill, the lead public defender, countered that Mr. Cruz suffers from fetal alcohol spectrum disorder caused by his biological mother’s heavy drinking while she was pregnant with him. That led to developmental problems and at times violent behavior that were misdiagnosed by experts and overwhelming to his adoptive mother, Ms. McNeill said.Melisa McNeill, the lead public defender, countered that Mr. Cruz suffers from fetal alcohol spectrum disorder caused by his biological mother’s heavy drinking while she was pregnant with him. That led to developmental problems and at times violent behavior that were misdiagnosed by experts and overwhelming to his adoptive mother, Ms. McNeill said.
“In a civilized, humane society,” she asked, “do we kill brain-damaged, mentally ill, broken people?”“In a civilized, humane society,” she asked, “do we kill brain-damaged, mentally ill, broken people?”
The jury of seven men and five women will begin deliberating on Wednesday, more than three months after testimony in the trial got underway. Mr. Cruz pleaded guilty last year to 17 murders, as well as 17 attempted murders of people he injured in the shooting but who survived. The jury will remain sequestered during its deliberations.The jury of seven men and five women will begin deliberating on Wednesday, more than three months after testimony in the trial got underway. Mr. Cruz pleaded guilty last year to 17 murders, as well as 17 attempted murders of people he injured in the shooting but who survived. The jury will remain sequestered during its deliberations.
In Florida, a death sentence requires a unanimous jury; if a single juror disagrees, the defendant is sentenced to life in prison without the possibility of parole. A juror could also vote for life imprisonment out of mercy.In Florida, a death sentence requires a unanimous jury; if a single juror disagrees, the defendant is sentenced to life in prison without the possibility of parole. A juror could also vote for life imprisonment out of mercy.
Through nearly five hours of closing arguments, Mr. Cruz, 24, sat at the defense table, dressed in a collared shirt and striped sweater and showing little emotion. The downtown Fort Lauderdale courtroom was packed with victims’ families, many of whom regularly came to watch the trial or serve as witnesses since the often graphic and heart-wrenching testimony began in July. On Tuesday, the mother of a murdered 14-year-old girl stood up and left the courtroom in tears as Mr. Satz spoke.Through nearly five hours of closing arguments, Mr. Cruz, 24, sat at the defense table, dressed in a collared shirt and striped sweater and showing little emotion. The downtown Fort Lauderdale courtroom was packed with victims’ families, many of whom regularly came to watch the trial or serve as witnesses since the often graphic and heart-wrenching testimony began in July. On Tuesday, the mother of a murdered 14-year-old girl stood up and left the courtroom in tears as Mr. Satz spoke.
Jury selection began in April. The lengthy trial was initially delayed for months by the coronavirus pandemic and has been further slowed by other circumstances, including, most recently, Hurricane Ian. Gunmen who carry out mass shootings rarely face trial because they usually die during their attacks, either taking their own lives or being killed by the police. No other gunman who killed so many people in a single shooting in the modern era has ever faced trial.Jury selection began in April. The lengthy trial was initially delayed for months by the coronavirus pandemic and has been further slowed by other circumstances, including, most recently, Hurricane Ian. Gunmen who carry out mass shootings rarely face trial because they usually die during their attacks, either taking their own lives or being killed by the police. No other gunman who killed so many people in a single shooting in the modern era has ever faced trial.
The defense team, which started presenting its side in August, unexpectedly rested its case last month after calling about 25 of its 80 listed witnesses. The decision angered Judge Elizabeth A. Scherer, who accused Ms. McNeill of unprofessionalism. The defense then tried to disqualify the judge, arguing that she was biased. The judge, who has clashed repeatedly with the defense in the years since Mr. Cruz’s legal proceedings began, rejected the motion.The defense team, which started presenting its side in August, unexpectedly rested its case last month after calling about 25 of its 80 listed witnesses. The decision angered Judge Elizabeth A. Scherer, who accused Ms. McNeill of unprofessionalism. The defense then tried to disqualify the judge, arguing that she was biased. The judge, who has clashed repeatedly with the defense in the years since Mr. Cruz’s legal proceedings began, rejected the motion.
The emotional trial involved tearful testimony from teachers and students who lived through the shooting, grisly autopsy photographs, detailed descriptions from medical examiners and a jury tour of the shuttered high school building where the shooting took place. The defense team called Mr. Cruz’s half sister, who is herself in jail awaiting trial on unrelated criminal charges, to testify. They also put former teachers, caretakers and friends of his adoptive mother on the witness stand to piece together an account of his troubled childhood.The emotional trial involved tearful testimony from teachers and students who lived through the shooting, grisly autopsy photographs, detailed descriptions from medical examiners and a jury tour of the shuttered high school building where the shooting took place. The defense team called Mr. Cruz’s half sister, who is herself in jail awaiting trial on unrelated criminal charges, to testify. They also put former teachers, caretakers and friends of his adoptive mother on the witness stand to piece together an account of his troubled childhood.
In the end, Mr. Satz told jurors that prosecutors had proved beyond a reasonable doubt seven aggravating factors out of 16 that, according to Florida law, justify the death penalty. These factors outweigh the mitigating circumstances presented by the defense about Mr. Cruz’s childhood, mental health and upbringing, he added. Aggravating factors include that the murders were especially heinous, atrocious or cruel and that they were committed in a cold, calculated and premeditated manner; the death penalty is justified under Florida law if at least one of them is met.In the end, Mr. Satz told jurors that prosecutors had proved beyond a reasonable doubt seven aggravating factors out of 16 that, according to Florida law, justify the death penalty. These factors outweigh the mitigating circumstances presented by the defense about Mr. Cruz’s childhood, mental health and upbringing, he added. Aggravating factors include that the murders were especially heinous, atrocious or cruel and that they were committed in a cold, calculated and premeditated manner; the death penalty is justified under Florida law if at least one of them is met.
Mr. Satz recited from memory one of the videos that Mr. Cruz had recorded on his cellphone ahead of the shooting, describing his plans. The prosecutor noted how the defendant’s backpack had swastikas and a racial slur scrawled on it, as well as how he had tortured animals, posted misogynistic comments online and written that he wanted kill “a ton of people and children.”Mr. Satz recited from memory one of the videos that Mr. Cruz had recorded on his cellphone ahead of the shooting, describing his plans. The prosecutor noted how the defendant’s backpack had swastikas and a racial slur scrawled on it, as well as how he had tortured animals, posted misogynistic comments online and written that he wanted kill “a ton of people and children.”
“It is said that what one writes and says is a window into their soul,” Mr. Satz said.“It is said that what one writes and says is a window into their soul,” Mr. Satz said.
He had the jury rewatch surveillance footage of Mr. Cruz shooting each of his victims, reminding them that Mr. Cruz had shot 139 rounds and killed 14 children and three adults. In some cases, the defendant returned to injured victims to kill them. He shot some of them up close, including a 14-year-old girl shot in the chest and abdomen.He had the jury rewatch surveillance footage of Mr. Cruz shooting each of his victims, reminding them that Mr. Cruz had shot 139 rounds and killed 14 children and three adults. In some cases, the defendant returned to injured victims to kill them. He shot some of them up close, including a 14-year-old girl shot in the chest and abdomen.
“They all knew what was going on, what was going to happen,” Mr. Satz said.“They all knew what was going on, what was going to happen,” Mr. Satz said.
“For Gina Montalto, for Alex Schachter, for Luke Hoyer, for Martin Duque Anguiano, for Alaina Petty, for Alyssa Alhadeff, for Helena Ramsay, for Nicholas Dworet, for Carmen Schentrup, for Christopher Hixon, for Aaron Feis, for Jaime Guttenberg, for Scott Beigel, for Cara Loughran, for Meadow Pollack, for Joaquin Oliver and for Peter Wang,” he concluded, “the appropriate sentence for Nikolas Cruz is the death penalty.”“For Gina Montalto, for Alex Schachter, for Luke Hoyer, for Martin Duque Anguiano, for Alaina Petty, for Alyssa Alhadeff, for Helena Ramsay, for Nicholas Dworet, for Carmen Schentrup, for Christopher Hixon, for Aaron Feis, for Jaime Guttenberg, for Scott Beigel, for Cara Loughran, for Meadow Pollack, for Joaquin Oliver and for Peter Wang,” he concluded, “the appropriate sentence for Nikolas Cruz is the death penalty.”
When it was her turn behind the lectern, Ms. McNeill told jurors that the “horrible” things the defendant did, said and wrote — and continues to do, say and write while in jail — are not in dispute.When it was her turn behind the lectern, Ms. McNeill told jurors that the “horrible” things the defendant did, said and wrote — and continues to do, say and write while in jail — are not in dispute.
“The decision that has to be made by each of you individually is how he should be punished,” she said.“The decision that has to be made by each of you individually is how he should be punished,” she said.
She pointed to piles of thick manila folders containing evidence on a table next to her, plucking out key records and photographs as she reviewed defense witness testimony.She pointed to piles of thick manila folders containing evidence on a table next to her, plucking out key records and photographs as she reviewed defense witness testimony.
Ms. McNeill spent much of her time talking to jurors not about the details of the defendant’s life, but rather about the momentous task ahead of them. Unlike factual aggravating factors, she said, mitigating circumstances mean different things to different people.Ms. McNeill spent much of her time talking to jurors not about the details of the defendant’s life, but rather about the momentous task ahead of them. Unlike factual aggravating factors, she said, mitigating circumstances mean different things to different people.
“Were there things about Nikolas’s life that you wish hadn’t happened?” she asked. “Are there things that he didn’t get that you wish he would have gotten? Was he missing people in his life that you wish he hadn’t missed?”“Were there things about Nikolas’s life that you wish hadn’t happened?” she asked. “Are there things that he didn’t get that you wish he would have gotten? Was he missing people in his life that you wish he hadn’t missed?”
If they answered yes, she said, “that’s mitigation. That’s a reason for life.”If they answered yes, she said, “that’s mitigation. That’s a reason for life.”
And she repeatedly reminded the jurors that they do not have to impose the death penalty. Doing so would be acting out of anger, she argued, and would “serve no other purpose at all other than vengeance.”And she repeatedly reminded the jurors that they do not have to impose the death penalty. Doing so would be acting out of anger, she argued, and would “serve no other purpose at all other than vengeance.”
“Grace is not a limited resource. Compassion is not a limited resource. Mercy is not a limited resource. Sentencing Nikolas Cruz to life is the right thing to do,” Ms. McNeill said. “So I now put in your hands his life.”“Grace is not a limited resource. Compassion is not a limited resource. Mercy is not a limited resource. Sentencing Nikolas Cruz to life is the right thing to do,” Ms. McNeill said. “So I now put in your hands his life.”