Earlier this month, Scherer summarily dismissed 11 potential jurors who answered “no” when she asked their group of 60 if they could follow the law — a question she hadn’t asked any previous panel.
Scherer and the attorneys are picking a panel of 12 jurors and eight alternates for a four-month trial that will determine if he is sentenced to death or life in prison without parole.
David Weinstein, a Miami defense attorney and former prosecutor, said Cruz’s attorneys are banking Scherer’s mistakes for a potential appeal.
“If it is one or two small things, that is not going to do it.
mass shooting to make it to trial — seven other shooters who killed at least 17 died during or shortly after their attacks either by suicide or police gunfire.
Both prosecutors and the defense thought that meant that at the next session, the potential jurors would be asked about the questionnaire.
The attorneys said that wasn’t enough time for each group.