Marjory Stoneman Douglas High School shooter Nikolas Cruz speaks to his attorney Assistant Public Defender Nawal Bashimam, not shown, during a hearing at the Broward County Courthouse in Fort Lauderdale on Wednesday, March 29, 2022. Cruz previously plead guilty to all 17 counts of premeditated murder and 17 counts of attempted murder in the 2018 shootings.
To get at least one “no” vote, Cruz's attorneys must show that his path to the murders wasn't"pure 100% personal-created intent,” said O'Mara, who has defended about a dozen capital cases that ended with no death sentences imposed. “It is going to be difficult. ... Death is the default sentence in this case.”
Until 2016, a Florida judge could impose the death penalty if a majority of jurors agreed. But after the U.S. and Florida supreme courts mandated a higher bar, the Republican-majority Legislature amended the law to require unanimity. This is the system used in 18 of the 26 other states with capital punishment.Both prosecutors and defense attorneys can strike a potential juror if they are able to persuade Scherer that the person's background or answers demonstrates unfairness.