Broward state attorney to stay on Parkland killer case, judge rules

Broward State Attorney Mike Satz will not be taken off the prosecution of Nikolas Cruz, a circuit judge said in an order filed Thursday.

The ruling dismissed a recent request from Cruz’s legal team to kick Satz out of the case because he wouldn’t consider “mitigating” evidence to potentially drop pursuit of the death penalty against Cruz. Defense attorney Melisa McNeill wrote Satz had explained to her Cruz was “evil; worse than Ted Bundy,” according to the motion.

Circuit Judge Elizabeth Scherer said in her ruling the defendant “does not have any right to choose the prosecutor of his choice.”

“Defendant’s disagreement with the individual prosecutor’s use of discretion in this case does not mean that discretion is not being used,” said Judge Scherer. “Mr. Satz’s use of prosecutorial discretion in this matter in making a decision on what sentence to seek was legally proper and within his sole province.”

Cruz, now 20, is accused of fatally shooting 17 people, and wounding 17 more, at Marjory Stoneman Douglas High on Feb. 14, 2018. It was the worst school shooting in Florida history, and sparked a wave of student activism, renewed political tension over gun control and forced the normally firearm-friendly Florida Legislature to pass a law tightening access to the weapons.

After a grand jury indicted Cruz for 17 counts of first-degree murder, prosecutors as expected announced they would seek the death penalty.

Herald staff writer David Ovalle contributed to this report.

This story was originally published September 26, 2019 at 8:29 PM.