Attorneys for Parkland massacre suspect want media, public barred from hearings

The attorneys for alleged Parkland school shooter Nikolas Cruz told a judge on Tuesday that they want all news media and the public to be barred from all pretrial hearings, ABC News reported. 

Chief assistant public defender David Wheeler cited Cruz’s right to an impartial jury as the reason for the request, saying that if certain evidence is revealed in front of the jurors, the impartiality will be harmed. He told Circuit Judge Elizabeth Scherer that discussing the evidence during open pretrial hearings that might be excluded would “let the cat out of the bag” and the news media would create prior prejudice in the jury.

Wheeler said that Cruz’s reputation has already been polluted by news coverage, according to ABC.

Cruz, now 22, is charged with killing 17 and wounding 17 more at Marjory Stoneman Douglas High School in Parkland, Fla., on Valentine’s Day in 2018. 

Many prosecutors and lawyers for news media companies said Wheeler’s request would violate Florida law. The defense would need to request a closed session each time evidence considered prejudicial is discussed. Additionally, they would need to prove how the evidence would harm Cruz’s right to a fair trial.

Prosecutor Steven Klinger said that there are “ways around this,” as the defense could file generic motions that do not discuss the evidence in detail and the judge could later review the evidence in private. Evidence includes sealing portions of Cruz’s interrogation footage, which police conducted just hours after the shooting. 

Pretrial hearings are considered open, according to a 1982 Florida Supreme Court ruling. Media can only be barred if a closed session can prevent “a serious and imminent threat to the administration of justice.”

Others argue that journalists are considered public witnesses to the trial and are present to assure the everyone is doing their job properly. 

“Everybody thinks that access is about our ability to look at what the defendant did or a right to look at the evidence of his crimes,” news media attorney Deanna Shullman told Judge Scherer, according to NBC. “This is not at all what this is about. It is about the public’s right to oversee all the players in this process.”

She added that media and the public should only be barred in extreme circumstances. 

Scherer said she would rule next week. However, she did not seem fully convinced by Wheeler’s argument. She reportedly almost dismissed his motion before Klinger said the defense should present their full argument. 

California trial consultant Bryan Edelman, who is testifying for Cruz’s attorneys, said “there is nothing special” that would make the area immune to media influence as many news outlets already covered Cruz’s story. 

Cruz pleaded not guilty to his charges, but his defense team says he will plead guilty in exchange for a life sentence. However, prosecutors rejected the proposal and are seeking the death penalty. No trial date has currently been set.