Florida Judge Elizabeth Scherer was disqualified from a death row case on Thursday for showing inappropriate sympathy toward prosecutors during Parkland school shooter Nikolas Cruz’s sentencing hearing.
The state Supreme Court unanimously agreed to remove Scherer from the sentencing hearing of Randy Tundidor, who received the death penalty for killing his landlord in 2019.
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Cruz, who pleaded guilty to killing 17 people at Marjory Stoneman Douglas High School on Feb. 14, 2018, was given a life sentence without a chance of parole. Cruz received the life sentence after a jury failed to give him the death penalty unanimously. The Parkland shooting is one of the deadliest mass shootings in U.S. history.
“Immediately after sentencing, Judge Scherer left the bench and, while still in her judicial robe, exchanged hugs with the victims’ families and members of the prosecution team,” the decision said.
One of the prosecutors on Cruz’s case that Scherer hugged is also prosecuting Tundidor, giving at least an appearance of bias. Judges are expected to remain neutral when it comes to cases.
During an off-the-record meeting between prosecuting Broward Assistant State Attorney Steven Klinger and Scherer, the judge reportedly asked Klinger how he was feeling. Klinger responded that “words cannot describe” how he felt, according to the ruling.
“Scherer showed a sympathy with the State that would cause a reasonable person to fear not receiving a fair and impartial proceeding,” the decision added.
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Scherer also engaged in heated exchanges with Cruz’s lawyers, accused one of them of threatening her children, and told two members to “go sit down” during Cruz’s trial, the state Supreme Court said. Cruz previously moved for a mistrial over the judge’s actions, but it was dismissed.
Both branches of the state legislature also passed a bill later on Thursday that no longer requires a unanimous verdict to give someone the death penalty. Instead, only eight of the 12 jurors must recommend it, according to the Associated Press. The bill is supported by Gov. Ron DeSantis (R-FL).
