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MIAMI More than four years after he gunned down 17 people at a Parkland high school, Nikolas Cruz is finally set to face judgment in a Broward County courtroom.

On Monday, barring any unexpected delays, prosecutors and defense attorneys will begin the process of selecting 12 jurors to decide one remaining question about the confessed and convicted mass murderer. Should he live or die?

Under Florida law, a decision to execute Cruz will have to be a unanimous one. Finding a dozen people to make it plus alternates is expected to take weeks.

Given the immense publicity, the brutal details of the murders of innocent school children and the difficult prospect of potentially sentencing someone to die, legal experts say finding willing jurors who say they also can be impartial will be a challenge.

It will be a long and arduous process. It will be difficult to find jurors without an opinion, said retired Miami-Dade senior prosecutor Gail Levine, who is not involved in the case. Remember, its OK to know about the case. But a juror cannot serve if they have already formulated an opinion about the penalty before the case is presented.

Jury selection is expected to last throughout April. Once a jury is seated, the trial could last between four and up to six months, lawyers said in court this week, further complicating the selection process.

We all acknowledge this is going to be an inconvenience for whoever sits on this case. Our goal should not be focused on how quickly we get this done but that we get it done right, Broward Assistant Public Defender Melisa McNeill told the judge on Wednesday.

The jury wont be deciding on Cruzs guilt. Back in November, Cruz pleaded guilty to 17 counts of first-degree murder, and 17 counts of attempted murder, setting the stage for what is known as the penalty phase, or a trial solely to decide whether Cruz gets life in prison, or will be executed.

The trial will nonetheless be extensive prosecutors must still present scores of witnesses and introduce hundreds of pieces of evidence to show that, among other reasons, Cruz acted in such a cruel and calculated way that he deserves to be put to death.

There were 17 people killed. And so there is, in essence, a story about the deaths of 17 different people, Broward prosecutor Jeffrey Marcus said in court on Wednesday.

As for Cruzs defense, jurors will be asked to consider mitigating factors, such as his tumultuous family life, a long history of mental-health disorders, brain damage caused by his mothers drug and alcohol use, and claims that he was bullied and sexually abused by a trusted peer.

The defense will introduce a battery of experts and may also use controversial brain mapping technology to show Cruzs brain is abnormal.

An unprecedented trial

The trial will be unlike any other ever held in Broward County.

Proceedings will be broadcast live online, Court TV, from a cavernous courtroom in the new wing of Browards justice center. Members from 25 news companies have been credentialed to cover the trial in person. Sheriffs deputies will provide tight security inside and outside the building.

Relatives of the dead, still grappling with the senseless murders, will watch in court and online.

Testimony will be gut-wrenching, detailing the morning of Feb 18, 2018, when Cruz took an Uber ride to Marjory Stoneman Douglas High, his former school, and methodically stalked the halls, gunning down people with an AR-15 assault-style rifle.

The trial could even feature the rare jury site visit prosecutors say its important to show jurors the interior of the freshman building, which has been locked up and sealed since the massacre.

There is no one video, photograph, poster, film, anything, that captures what the ... building is, prosecutor Carolyn McCann told the judge. The jury has to know the footsteps, the distance, the perspective, the visual acuity the defendant had to have.

Defense lawyers argue the scene visit still stained with blood, marked by bullet holes will only serve to inflame the emotions of the jury. Broward Circuit Judge Elizabeth Scherer is still weighing the decision.

But before witnesses are sworn in to tell their stories, lawyers must settle on a jury qualified to serve in a death-penalty case no easy task, even in a less-visible capital case.

Earlier trial an indicator?

If Cruzs earlier trial is any indication, itll be a slow haul.

Last October, Cruz started trial for attacking a jail officer nine months following the Parkland massacre. During jury selection, many prospective jurors, including teachers or Parkland residents, were dismissed after saying they couldnt judge Cruz fairly.

On the first day, two women burst out crying at simply seeing Cruz. Ultimately, Cruz pleaded guilty to battery before testimony began.

The visceral emotional response of potential jurors to the case is to be expected, given Parklands place in the nations long and terrible history of mass shootings at schools, said University of Miami law professor Craig Trocino, who is the director of the schools Innocence Clinic.

Theres a lot of emotions wrapped up in this, from the amazing advocacy some of the surviving students have engaged in over the years, to the other side which is dark and ugly, said Trocino. Thats why, in this case, all of Cruzs constitutional safeguard have to be scrupulously honored.

Over the weeks, Judge Scherer and attorneys could question thousands of prospective jurors, first culling out those who cant serve because of scheduling and others hardships. Then, theyll be grilled about how theyve consumed publicity surrounding the massacre and how it has shaped their ability to follow the law and serve impartially.

In Broward, unless were at nuclear war with Russia, its going to be on the front page every day, all day, said Abe Laeser, a retired Miami-Dade homicide prosecutor. Thats one of the reasons its going to be so hard.

Despite the rise in digital and social media, its rare for courts to move a trial because of pervasive publicity.

In 2008, a Miami-Dade judge ordered the trial of Southwood Middle killer Michael Hernandez moved to Orlando, after lawyers found that a great number of prospective jurors had already formed opinions about the infamous murder of a teenage boy. Hernandez was convicted in Orlando and sentenced to life in prison.

But attorneys in plenty of high-profile Florida murder cases have succeeded in picking juries.

Among the defendants who had trials in their original jurisdiction: George Zimmerman, who killed teenager Trayvon Martin, Casey Anthony, who was accused of murdering her daughter, and Eric Rivera, the teen who shot and killed NFL star Trayvon Martin. Zimmerman and Anthony won their cases.

So far, attorneys in Cruzs case have not suggested a change of venue.

And just as challenging, attorneys will need to probe juror candidates views on the death penalty, and whether they could consider imposing the ultimate sentence on Cruz.

Anyone who walks in and says, Im not sure how I feel about death penalty is on their way to getting excused, Laeser said. Unfortunately for the defense, youre going to be left with a lot of people whose inherit belief is, Why not trade one life for the 17 he took.

Must be a unanimous decision on death

Cruzs case will be the most closely watched capital case to unfold since Florida, forced by U.S. Supreme Court decisions, in 2017 required jurors to be unanimous when deciding to sent someone to Death Row. For decades before, Florida jurors only needed a majority vote to recommend the death penalty, with the judge imposing the actual sentence.

Now, Cruzs defense team can hope to get at least one holdout for life a deadlocked jury, under Florida law, results in an automatic life sentence.

The Broward Public Defenders Office has long offered to allow Cruz to be sentenced to life in prison, in exchange for a waiver of the death penalty. Broward prosecutors, faced with some victims families who want to see Cruz die at the hands of the state, have declined.

This case will really decide whether the death penalty is an option in Florida, said Levine, the former Miami-Dade prosecutor. Remember, its a one juror veto. People will say if Cruz doesnt get it, who should? I think the penalty is on trial here.

2022 Miami Herald. Visit miamiherald.com. Distributed by Tribune Content Agency, LLC.

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Parkland mass shooter finally faces judgment. Jury selection to begin on Monday - Norman Transcript

Can you believe some schools in the south actually taught that the masters (owners of slaves) were kind to slaves.

Really, chains around their necks and being chased by dogs was more like what slaves encountered.

Arkansas Sen. Tom Cotton says that slavery was a necessary evil, and this guy wants to run for president. Slavery was evil, not necessary. Most of the lynchings in this country took place in the Bible-belt states. Maybe thats why the religious right and white officials are opposed to critical race theory being taught in secondary education.

Sometimes the truth hurts.

The 1619 Project by Nikole-Hanna Jones should be required reading. I cant believe books such as To Kill a Mockingbird are being banned in some school libraries.

According to the Southern PovertyLaw Center, there are 940 hate groupsin the United States of which 23 are

in Pennsylvania. The worst of these isthe Proud Boys, which infiltrated theBlack Lives Matter protest in Seattle,

Portland, and Kenosha, along withthe Atom-Waffen neo-Nazi group,which started fires and caused mayhem.

Instead of distressing over brown-skin refugees on our southern border, maybe we should be concerned about vigilantes such as George Zimmerman, Kyle Rittenhouse, Dylan Roof and other racist people.

In conclusion, lets welcome all refugees to our country and our city and maybe some of our abandoned churches would become houses of worship again rather than entertainment venues.

Remember, not all immigrants are gypsies, tramps and thieves and lets tell the truth about race in America in elementary, middle and high school.

John R. Aubrey

Johnstown

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Letter to the editor | Welcome all refugees into our country - TribDem.com

By The Associated Press

Todays Highlight in History:

On March 19, 1945, during World War II, 724 people were killed when a Japanese dive bomber attacked the carrier USS Franklin off Japan (the ship was saved). Adolf Hitler ordered the destruction of German facilities that could fall into Allied hands in his so-called Nero Decree, which was largely disregarded.

On this date:

In 1859, the opera Faust by Charles Gounod premiered in Paris.

In 1931, Nevada Gov. Fred B. Balzar signed a measure legalizing casino gambling.

In 1942, during World War II, President Franklin D. Roosevelt ordered men between the ages of 45 and 64, inclusive, to register for non-military duty.

In 1977, the series finale of Mary Tyler Moore aired on CBS-TV, ending the situation comedys seven-season run.

In 1982, The film Porkys was widely released in theaters.

In 1987, televangelist Jim Bakker resigned as chairman of his PTL ministry organization amid a sex and money scandal involving Jessica Hahn, a former church secretary.

In 1991, Polish President Lech Walesa arrived in Washington for his first state visit to the United States.

In 1995, after a 21-month hiatus, Michael Jordan returned to professional basketball with his former team, the Chicago Bulls.

In 1997, artist Willem de Kooning, considered one of the 20th centurys greatest painters, died in East Hampton, New York, at age 92.

In 2003, President George W. Bush ordered the start of war against Iraq. (Because of the time difference, it was early March 20 in Iraq.)

In 2007, a methane gas explosion in a Siberian coal mine killed 110 workers.

In 2013, Pope Francis officially began his ministry as the 266th pope, receiving the ring symbolizing the papacy and a wool stole exemplifying his role as shepherd of his 1.2-billion strong flock during a Mass at the Vatican.

In 2020, President Donald Trump focused attention on a malaria drug, chloroquine, as a possible coronavirus treatment; the FDA issued a statement saying that there were no FDA-approved therapeutics to treat COVID-19.

Ten years ago: An assailant on a motorbike opened fire with two handguns in front of a Jewish school in the southern French city of Toulouse, killing a rabbi, his two young sons and a girl. (The gunman, French-born Mohammed Merah, was killed in a gunfight with police after a 32-hour standoff at his apartment; he had also killed three French paratroopers.) The Justice Department announced it had begun an investigation into the fatal shooting of 17-year-old Trayvon Martin in Florida by a neighborhood watch captain, George Zimmerman. (No federal civil rights charges were filed; Zimmerman was acquitted of second-degree murder after claiming self-defense.)

Five years ago: Author-columnist Jimmy Breslin, the legendary street-smart chronicler of wise guys and underdogs, died at his Manhattan home at age 87.

One year ago: President Joe Biden and Vice President Kamala Harris visited Atlanta, days after a white gunman killed eight people, most of them Asian American women, in the Atlanta area. The United States accused China of committing genocide and crimes against humanity against Uyghur (WEE-gur) Muslims and other minorities; China accused the U.S. of discrimination and even savage murder of people of African and Asian descent. Four men described as leaders of the far-right Proud Boys were indicted on charges stemming from the Jan. 6 riot at the Capitol. (The four remain jailed and are awaiting trial.) The U.S. cleared President Joe Bidens goal of injecting 100 million coronavirus shots, more than a month before his target date of his 100th day in office.

Todays Birthdays: Actor Renee Taylor is 89. Actor Ursula Andress is 86. Singer Clarence Frogman Henry is 85. Singer Ruth Pointer (The Pointer Sisters) is 76. Actor Glenn Close is 75. Actor Bruce Willis is 67. Actor-comedian Mary Scheer is 59. Playwright Neil LaBute is 59. Actor Connor Trinneer is 53. Rock musician Gert Bettens (Ks Choice) is 52. Rapper Bun B is 49.

Rock musician Zach Lind (Jimmy Eat World) is 46. Actor Virginia Williams is 44. Actor Abby Brammell is 43. MLB pitcher Clayton Kershaw is 34. Actor Craig Lamar Traylor is 33. Actor Philip Bolden is 27.

Originally posted here:
Today in History: Today is Saturday, March 19, the 78th day of 2022. - wausaupilotandreview.com

A bill pending in a key legislative committee would provide legal protections for innocent targets of criminals, allowing them the use of deadly force, especially firearms, to defend themselves.

While supported by dozens of gun owners and representatives of firearms rights groups during a recent marathon public hearing, the Connecticut version of a so-called stand-your-ground law is unlikely to clear the Judiciary Committee.

The legislation, proposed by Republicans including state Rep. Craig Fishbein of Wallingford, a top GOP member of the committee, would force state prosecutors to presume that the threat a suspect or suspects presented in someones home, work place or motor vehicle was so dire that deadly force was necessary.

It shifts the burden, Fishbein said after the 16-hour hearing on a variety of gun-safety bills. It merely creates a presumption that the action was justified. Of course, the presumption could be overturned, based on particular facts. Currently, one has to prove that their action is reasonable. This bill would put the burden on prosecutors that the presumption of the person was not reasonable.

Floridas stand-your-ground law received national attention in 2012 when George Zimmerman fatally shot Trayvon Martin, an unarmed 17 year-old. Zimmerman was acquitted of murder.

Harwood W. Loomis of Woodbridge told the committee that as a disabled veteran and senior citizen, he believes crime has decreased overall in recent years but the nature of criminal activity seems to be more-violent.

There is a general lack of respect and value for human life on the part of criminals, Loomis said. Physically, I am no match for even one younger, stronger assailantand it appears that today, criminals dont work alone. Tthey travel and operate in packs. There should never be any doubt that if I am trapped in my car by an assailant or a group of assailants that I have a God-given right to defend myself.

Lauren E. LePage, state director of the National Rifle Association in Connecticut, said the presumptive defense, combined with another proposal to eliminate the requirement for people in churches and other places of worship retreat before using deadly force, would make it easier for criminal targets to defend themselves.

Expecting the police to prevent all crime is neither practically nor legally justified, LePage said in prepared testimony. Courts have consistently ruled that law enforcement officers have no enforceable obligation to protect individuals.

But it is unlikely to emerge beyond the legislative committee level.

Weve had this bill in the committee off and on forever, said state Sen. Gary Winfield, D-New Haven, co-chairman of the Judiciary Committee, who opposes it.

First of all, you dont need it. Second, there are racial implications weve seen played out across the country in states including Georgia and Florida. I have no reason to believe people cant protect themselves, Winfield said in an interview Friday. I dont know why some people think well be safer than what we can do already. I dont want people feeling they should have to be a hero. Thinking you have a license to be a hero gets people hurt.

In unsigned testimony from the state Division of Criminal Justice, where Richard Colangelo with retire from the post of chief states attorney on March 31 and John Russotto will take over on an interim basis, prosecutors warned of the potential dangers of the proposal.

Such a change in the law is unnecessary because it will have no effect, the prosecutors wrote, stressing that under current law, if someone claims self-defense, it is up to the state to show it wasnt.

Because the state must meet this high burden of disproving a claim of self-defense in every case in which it is asserted, and because such a high degree of proof always will be sufficient to rebut the proposed presumption of reasonableness set forth in the bill, the presumption will, for all intents and purposes, be a hollow gesture that has no meaningful effect, prosecutors wrote. Intended or not, as written, this portion of the bill will effectively permit one person, absent any perceived threat of personal or third party harm, to kill another person merely because the person employing deadly physical force reasonably believes that the other person is attempting, or has succeeded, with force, to enter their unoccupied motor vehicle.

The division warned that gunfire used to supposedly prevent a motor vehicle theft creates more hazards. Ask yourself: Is your neighbors motor vehicle worth an errant bullet through your childs bedroom window or wall at 3 a.m.? the prosecutors wrote. Moreover, human life, even one engaging in criminal activity, is more valuable than a motor vehicle.

kdixon@ctpost.com Twitter: @KenDixonCT

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CT version of Stand your ground faces opposition in key committee - CT Insider

Kyle Rittenhouse has shared a meme which uses the moment he started crying during his murder trial to poke fun at rising gas prices.

Rittenhouse, who was cleared of two counts of murder following the highly divisive trial in November 2021, shared the clip on his Twitter account on Thursday, where it has since been reshared more than 4,300 times.

The edited video shows Rittenhouse filling up a car at a gas station while in tears.

The clip superimposes Rittenhouse's body from when he was hyperventilating while describing to the jury the circumstances that led up to him shooting Joseph Rosenbaum during the Black Lives Matter protests in Kenosha, Wisconsin, in August 2020.

"No, it's not Lemon Heads.. it's the burning hole in my pocket thanks to a Joe Biden presidency," Rittenhouse tweeted while sharing the clip.

Rittenhouse then credits the creation of the "funny video" to Twitter user @derfanzor.

The "Lemon Heads" remark is a reference to criticism he received from NBA star LeBron James during the trial as the basketball legend appeared to suggest the 19-year-old was not remorseful for his actions.

As footage of Rittenhouse crying in the court went viral on social media in November 2021, James tweeted: "What tears????? I didn't see one. Man knock it off! That boy ate some lemon heads before walking into court."

The meme shared by Rittenhouse has since been viewed more than 600,000 times.

The clip was also posted onto Twitter by Ron Filipkowski, the Republican attorney who resigned from a Florida state commission in protest at a police raid at the home of data scientist Rebekah Jones in December 2020, where it has been viewed further 660,000 times.

A number of people took to Twitter to criticize Rittenhouse for using the moment he cried during his trial while telling the jury why he shot someone to make a joke.

USA Today columnist Rex Huppke described the 19-year-old as an "absolute sociopath." Blogger and author Kimberley Johnson said Rittenhouse was a "product of the American justice system."

Actor John Fugelsang wrote: "Remember when George Zimmerman tried to cash in on his murder of an unarmed American?"

Rittenhouse was acquitted of all charges against him after arguing that he was acting in self defense when he shot and killed Rosenbaum, 36, and Anthony Huber, 26, and wounded 27-year-old Gaige Grosskreutz during the disorder in Kenosha, Wisconsin.

Following his acquittal, Rittenhouse has appeared on a number of right-wing news channels and podcasts, met former president Donald Trump at his Mar-a-Lago resort, and walked on stage to his own theme tune at the Turning Point USA conference in Phoenix in December 2021.

Rittenhouse also set up a donation fund, the "Media Accountability Project," to raise money in order to sue people for defamation over their comments about him before and after the trial.

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Kyle Rittenhouse Gas Meme of Him Crying at the Pump Viewed Over 1M Times - Newsweek