Skip to main content

Florida | Ted Bundy’s lawyer has advice to save Parkland shooter’s life: Try to humanize him

Marjory Stoneman Douglas High School
For defense lawyers, there has rarely been as hopeless a case as that of the man accused of shooting up Marjory Stoneman Douglas High School in 2018.

The defendant recorded himself planning it. He killed, again and again, children, adults, strangers — 17 times. He tried to kill 17 more. It was recorded on surveillance video. He confessed.

That Nikolas Cruz, 22, will spend the rest of his life in prison is all but a foregone conclusion. He’s even offered to skip the trial and plead guilty just to get shipped to prison and be done with it.

“The main goal for the defense in a case like that is to get the jury to see the defendant as a real person,” said Ted Bundy’s defense lawyer, John Henry Browne. “I try to present my client as a human being who made a mistake, who did something bad, but not as someone who deserves to die.”

Browne’s client list includes serial killer Ted Bundy and Seattle “Wah Mee massacre” defendant Benjamin Ng, one of three men charged with killing 13 people at a gambling club in Seattle’s Chinatown district in 1983. A jury spared Ng from execution.

Browne credits the intervention of the defendant’s mother, who appeared before the jury, described his upbringing, and, as she left the courtroom, turned to the jury, bowed, and said “Please do not kill my son,” a moment Browne said was unplanned but persuasive.

Defense lawyers in the Parkland case have not outlined a plan to humanize Cruz, whose mother died about three months before the shooting and whose mental health issues were recognized for years. While mental health is all but certain to play a role in Cruz’s defense, his lawyers have not yet said whether he will enter an insanity plea.

“We have time to file our intention to use that defense if it’s what we want to pursue,” said Public Defender Gordon Weekes. “We’re not there yet, and we won’t say anything prematurely.”

Broward Circuit Judge Elizabeth Scherer and lawyers on both sides of the emotionally charged case are pushing to start jury selection this fall. Legal experts agree that guilt is a secondary issue. The primary concern, they say, is what to do about it.

And the only way for defense lawyers to win is to somehow persuade a jury to show mercy on a killer who showed no mercy on Valentine’s Day 2018.

Prosecutors are seeking the death penalty against Cruz, a former student at Stoneman Douglas whose troubled past raised warning flags that weren’t fully recognized until it was, tragically, too late. It would take all 12 jurors to reject first-degree murder charges, or just one to reject the death penalty, to keep Cruz off death row.

“It’s almost impossible to presume innocence in a case that’s generated this much publicity,” said Steven Glazer, a Tallahassee defense lawyer who’s been practicing since 1989 and whose highest-profile client, serial killer Aileen Wuornos, was executed in 2002.

“Everybody’s going to know about it,” Glazer said. “In a case like Parkland, I’d push for a change of venue. I don’t know of anywhere in the state where the jury won’t know about the case, but the emotional connection can be reduced by holding the trial elsewhere.”

Broward lawyer Ken Malnick, whose clients include Anthony Moscatiello, the accused mastermind of the plot to kill Miami Subs founder Gus Boulis in 2001, agreed that a change of venue would give the defense its best chance for a fair hearing. “I don’t know how you’re going to get an unbiased jury in the Parkland case,” he said. “It affects so many people here. I’m sure in North Florida the case has gotten less publicity than here, where it happened.”

Nikolas Cruz
As prosecutors and defense lawyers draw their final battle lines in the Stoneman Douglas case, the Broward Public Defender’s Office has been silent on whether it will try to have the trial moved. They’ve also been mum on whether Cruz will put up an insanity defense.

Recent motions demonstrate that the defense is concerned about the effect of pre-trial publicity. Earlier this month, they tried to have the judge close all remaining pretrial hearings to the public, which would prevent the press from reporting on the last-minute courtroom maneuvers and attempts to keep evidence from the jury.

Prosecutors are no less concerned about what the jury will hear. In their latest motion, they are asking the judge to block the defense from using the alleged failures of school, law enforcement and mental health officials to identify the danger Cruz posed and obtain the proper mental health treatment for him before it was too late.

A report issued by a consultant to the school district in mid 2018 found that in the year leading up to the mass shooting, Cruz was stripped of the therapeutic services disabled students need, and when he asked to return to a special education campus, school officials botched his request. Cruz had no school counseling or special education services for 14 months before Feb. 14, 2018, the day of the shooting.

But those failures, among others, are not excuses and should not be used by Cruz to elicit sympathy from the jury when it comes to deciding his punishment, prosecutors argued.

“Cruz’s conduct leaves no room for arguments about system failures,” wrote prosecutor Nicole Chappione. “The law deems this evidence irrelevant to the issues of both his guilt and punishment.”

Weekes, whose office has moved to block the state from calling the shooting a massacre or referring to the defendant by dehumanizing terms like “monster” or “it,” said his office will respond to the latest prosecution motion in court.

Cruz’s next hearing is scheduled for Wednesday.

Source: South Florida Sun Sentinel, Rafael Olmeda,  August 30, 2021


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.