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Judge moving along Marjory Stoneman Douglas shooting case

Request granted to waive Florida’s speedy trial rule

By CURT ANDERSON, Associated Press
Published: April 27, 2018, 10:12pm

FORT LAUDERDALE, Fla. — A judge sought Friday to get things moving in the death penalty case against Florida school shooting suspect Nikolas Cruz.

Circuit Judge Elizabeth Scherer set a May 4 deadline at a hearing Friday for defense lawyers to file a demand for evidence from prosecutors, who would then begin turning it over.

Scherer also granted a request by Cruz’s public defender to waive Florida’s speedy trial rule. The rule generally requires that a felony defendant go to trial within 175 days of arrest unless it’s waived, which is commonly done in complex or major cases because the defense typically needs more time to prepare.

“I explained to him his constitutional right to a speedy trial,” assistant public defender Melisa McNeill said.

The judge set a May 25 hearing to gauge progress in the case “so we can move things along and set a proposed trial date.”

“I don’t want this case treading water,” Scherer said.

Cruz, 19, is charged with 17 counts of murder and 17 counts of attempted murder in the Feb. 14 massacre at Marjory Stoneman Douglas High School in Parkland, Florida. His lawyers have repeatedly said Cruz would plead guilty if guaranteed a sentence of life without parole, but prosecutors seek the death penalty.

As in past hearings, Cruz spoke only to his lawyers and sat shackled at a defense table with his head bowed.

Also Friday, attorneys for the family of shooting victim Joaquin Oliver, 17, called on the Broward County School Board not to attempt to limit total liability in future lawsuits to only $300,000. A lawyer for the board has signaled that the Stoneman Douglas shooting should be considered a single occurrence with numerous victims — which would impose that dollar limit — rather than 34 separate occurrences.

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