The judge presiding over Florida school shooter Nikolas Cruz's death penalty trial was assigned the case despite never having overseen a major trial.
Her assignment to thecase was made randomly by a computer program that didn't consider experience or the fact that no U.S. mass shooting of this magnitude had ever made it to court. The random selection process is used throughout much of Florida, but not by some other states.
Scherer declined to comment, which is customary with judges. In court, she remarked that she will spend hours at night and on weekends researching any difficult legal or scientific issues before making decisions. Chief Judge Jack Tuter also declined to comment. “This is not a Scherer problem; this is a chief judge problem," Gelin said. If Scherer makes an error that causes a retrial, he said, “that will be pouring salt on the wounds” of the victims' families.
In Queens, New York, and throughout New York state, judges are assigned randomly but if there are extenuating circumstances such as a case’s high profile or complexity, the court’s administrative judge can reassign it.to 17 counts of first-degree murder and 17 counts of attempted murder for the attack on Valentine's Day 2018.
But Scherer quickly planted her flag. Shortly after the shootings, when she was unavailable, the defense asked another judge for an emergency order, which he granted. Scherer overruled him and ordered that all matters except search warrants would be heard only by her. Florida regulates who can be assigned to represent death penalty defendants. Both the lead attorney and co-counsel must be experienced in criminal law and at trial and educated on capital case procedures.
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