“He will not receive a fair and impartial trial”: Parkland shooter Nikolas Cruz’s defense team files motion to remove Judge Elizabeth Scherer

Parkland school shooter Nikolas Cruz's attorneys submitted a motion on Friday calling for the judge presiding over his sentencing trial to be changed on Wednesday, September 14. Circuit Judge Elizabeth Scherer and Cruz's main attorney Melisa McNeill reportedly engaged in an altercation after the surprise judgment.

As per sources, Broward Public Defender's Office said in a motion that circuit Judge Elizabeth Scherer has a long-standing grudge towards the lead defense attorney Melisa McNeil.

Reportedly, defense lawyers said that Scherer's repeated unwarranted and unlawful attacks on the defense attorney have made Cruz fear that he won't get a fair trial and damage the public's confidence in the legal system. She said:

“He will not receive a fair and impartial trial”

Surprisingly, Nikolas Cruz's defense rested at the start of the court session on Wednesday after only summoning roughly 25 of the 80 witnesses they had promised the judge and the prosecution they would call.

Lead attorney McNeill's abrupt declaration sparked an argument with Scherer, who described it as "the most uncalled for, unprofessional manner to try a case" after she and the prosecution were not given any prior notice.

The 12-member jury and the 10 alternates were not in the courtroom, but they were waiting in line to enter. Scherer then alleged that Cruz's attorneys had shown disregard for everyone involved, notably the jurors, who had traveled to the courthouse.

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What we know about Nikolas Cruz's poor mental health

In October 2021, Nikolas Cruz, who opened fire at Marjory Stoneman Douglas High School in 2018 and killed 17 people, admitted guilt to 17 counts of premeditated and attempted murder. Cruz's defense team has been working to avoid the death penalty by getting him a life term in jail without the possibility of release.

Reportedly, the main focus of their argument has been Cruz's mental health issues, particularly how those issues may have been caused by Cruz's mother drinking alcohol throughout her pregnancy.

Nikolas Cruz's primary attorney, Melisa McNeill, claimed that this was a possible explanation for the slaughter and added:

"He is a damaged human being. Because of that, his brain was irretrievably broken, through no fault of his own. We must understand the person behind the crime."

Additionally, McNeill also acknowledged that Cruz alone was responsible for all the pain and suffering he had caused. She continued by saying that there was no justification for the brutal killings of the 17 innocent individuals.

She did, however, add that the choices made by Nikolas Cruz's biological mother Brenda Woodard when she poisoned him in the womb were the triggers for all of the choices he made on that specific day.

The attorney noted:

“His prenatal vitamins consisted of...Bum wine, crack cocaine and cigarettes. At the time she gave up her baby, she was living on the streets, drinking, drugging, selling her body.”

Nikolas Cruz was adopted by Lynda and Roger Cruz, and his problematic behavior became apparent at a young age, according to McNeill, when he began hanging around with other youngsters.

She added that Nikolas Cruz received mental health treatment and was identified as having an antisocial personality disorder. Since the age of three, he has received special education services.