Judge Scherer: Forego Jury Recommendation and Give Nikolas Cruz Death Penalty

The Issue

On February 14, 2018, Nikolas Cruz, 19, made a video recording boasting of his intention to become “the next school shooter of 2018.” He describes in detail his plans to take an Uber to the school “before 2:40” in the afternoon — and he takes satisfaction in knowing the fear he will cause. His goal, he states, “is at least 20 people with an AR-15 and a couple of tracer rounds.” He says, “it’s gonna be a big event”, and concludes (while laughing),“when y’all see me on the news you’ll all know who I am.”

The jury in Cruz’s sentencing trial saw those chilling videos of Cruz plotting what would become the deadliest high school shooting in US history. The same jury also saw surveillance video of Cruz stalking the hallways with his rifle as he carried out his premeditated attack. They heard from survivors trapped in those hallways who became easy prey in Cruz’s plan. They even toured the bullet-riddled and blood-stained classrooms that remain frozen in time, from the moment the bodies were removed. 

Yet, somehow, this jury determined that the killer in the worst premeditated high school shooting ever should not get the death penalty. The families of those he killed are outraged and disgusted — and rightfully so.  The system has failed them many times. First, by failing to prevent the tragedy despite two very specific and credible tips to the FBI and dozens of local law enforcement calls to his home, where his guns and anger were frequent issues. Then, the system failed to protect their loved ones on the day of the shooting, as an armed school resource officer never attempted to confront Cruz, instead opting to wait outside the building as the sound of gunfire echoed through the campus. 

After losing so much, the families held out for Justice, but it too failed them. Watching them trying to express their feelings after the jury’s decision was heartbreaking. They fully expected the death penalty. They never even considered the possibility it would go the other way. Every one of them was stunned. “This is insane, right?”, asked one family member as she looked around the room almost unsure of herself before asking again, “I mean, everyone knows this is insane, right?. It must’ve felt like the Twilight Zone.

But she’s right.  It IS insane. As many families pointed out, if ever there’s a reason for the death penalty, this is it. There are no mitigating factors that can excuse this level of evil and this depth of depravity. A bad childhood or being bullied are trivial matters compared to the cold, calculated, premeditated massacre of innocent students and teachers in a plot that the killer expressed so much delight in planning.  

In Florida, the jury ‘recommends’ the sentencing in death penalty cases.  A ‘recommendation’ of death must be unanimous; otherwise, it’s an automatic sentence of life in prison without the possibility of parole. Following the jury’s ‘recommendation’, a hearing is set during which the defendant is formally sentenced by the Judge. The Judge is required by law to follow the jury’s ’recommendation’, which makes for an unusual application of the word itself. 

In Cruz’s case, Judge Elizabeth Scherer will formally sentence him on November 1.  Following the law, the sentence is a foregone conclusion. But, does it have to be? Judge Scherer sat through the trial, too. She heard the same testimony and saw the same evidence. Surely she knows the jury got this wrong. What if she were to go rogue and fix this travesty of justice by dismissing the jury’s ‘recommendation’ and sentencing him to death on November 1?

Such an unprecedented decision would ignite immediate controversy. It could throw Florida’s judicial system —and this case in particular — into chaos. Some would question her ethics. As a judge, she’s sworn to uphold the law, not break it. Some will say she’s harming the integrity of the jury system. She would probably be forced to resign. And ultimately such a decision would be appealed and the jury’s ‘recommendation’ restored. But it would be an honorable thing for her to do. The families would certainly view it that way and so would many Americans. While it would bring her a new level of fame and could even lead to a lucrative post-judicial career, that’s not why she should do it. She should do it because it's the right thing to do. The Parkland families deserve justice. Nikolas Cruz deserves the death penalty. 

Please sign this petition urging Judge Elizabeth Scherer to set aside the Jury’s ‘recommendation’ and help bring Justice to the Parkland families by sentencing Nikolas Cruz to death.

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The Issue

On February 14, 2018, Nikolas Cruz, 19, made a video recording boasting of his intention to become “the next school shooter of 2018.” He describes in detail his plans to take an Uber to the school “before 2:40” in the afternoon — and he takes satisfaction in knowing the fear he will cause. His goal, he states, “is at least 20 people with an AR-15 and a couple of tracer rounds.” He says, “it’s gonna be a big event”, and concludes (while laughing),“when y’all see me on the news you’ll all know who I am.”

The jury in Cruz’s sentencing trial saw those chilling videos of Cruz plotting what would become the deadliest high school shooting in US history. The same jury also saw surveillance video of Cruz stalking the hallways with his rifle as he carried out his premeditated attack. They heard from survivors trapped in those hallways who became easy prey in Cruz’s plan. They even toured the bullet-riddled and blood-stained classrooms that remain frozen in time, from the moment the bodies were removed. 

Yet, somehow, this jury determined that the killer in the worst premeditated high school shooting ever should not get the death penalty. The families of those he killed are outraged and disgusted — and rightfully so.  The system has failed them many times. First, by failing to prevent the tragedy despite two very specific and credible tips to the FBI and dozens of local law enforcement calls to his home, where his guns and anger were frequent issues. Then, the system failed to protect their loved ones on the day of the shooting, as an armed school resource officer never attempted to confront Cruz, instead opting to wait outside the building as the sound of gunfire echoed through the campus. 

After losing so much, the families held out for Justice, but it too failed them. Watching them trying to express their feelings after the jury’s decision was heartbreaking. They fully expected the death penalty. They never even considered the possibility it would go the other way. Every one of them was stunned. “This is insane, right?”, asked one family member as she looked around the room almost unsure of herself before asking again, “I mean, everyone knows this is insane, right?. It must’ve felt like the Twilight Zone.

But she’s right.  It IS insane. As many families pointed out, if ever there’s a reason for the death penalty, this is it. There are no mitigating factors that can excuse this level of evil and this depth of depravity. A bad childhood or being bullied are trivial matters compared to the cold, calculated, premeditated massacre of innocent students and teachers in a plot that the killer expressed so much delight in planning.  

In Florida, the jury ‘recommends’ the sentencing in death penalty cases.  A ‘recommendation’ of death must be unanimous; otherwise, it’s an automatic sentence of life in prison without the possibility of parole. Following the jury’s ‘recommendation’, a hearing is set during which the defendant is formally sentenced by the Judge. The Judge is required by law to follow the jury’s ’recommendation’, which makes for an unusual application of the word itself. 

In Cruz’s case, Judge Elizabeth Scherer will formally sentence him on November 1.  Following the law, the sentence is a foregone conclusion. But, does it have to be? Judge Scherer sat through the trial, too. She heard the same testimony and saw the same evidence. Surely she knows the jury got this wrong. What if she were to go rogue and fix this travesty of justice by dismissing the jury’s ‘recommendation’ and sentencing him to death on November 1?

Such an unprecedented decision would ignite immediate controversy. It could throw Florida’s judicial system —and this case in particular — into chaos. Some would question her ethics. As a judge, she’s sworn to uphold the law, not break it. Some will say she’s harming the integrity of the jury system. She would probably be forced to resign. And ultimately such a decision would be appealed and the jury’s ‘recommendation’ restored. But it would be an honorable thing for her to do. The families would certainly view it that way and so would many Americans. While it would bring her a new level of fame and could even lead to a lucrative post-judicial career, that’s not why she should do it. She should do it because it's the right thing to do. The Parkland families deserve justice. Nikolas Cruz deserves the death penalty. 

Please sign this petition urging Judge Elizabeth Scherer to set aside the Jury’s ‘recommendation’ and help bring Justice to the Parkland families by sentencing Nikolas Cruz to death.

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