Parkland School Shooter: On Thursday morning in Broward County court in Fort Lauderdale, the defense asked for a mistrial as the jury members who would decide the fate of the Parkland school shooter were about to hear further witness testimony from the defense.
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Witness Testimony: Parkland School Shooter
Yon said Cruz’s behaviour was so concerning that she had raised it to the attention of others at West glades Middle School, and she decided to keep his homework and her log longer than usual. Yon agreed Cruz behaved like a bully.
“He was not kind to other kids,” Yon said.
One of the drawings, on display for jurors to see, showed stick figures in sexual positions and expletives. Others showed shootings, weapons, racist language, and antisemitic symbols. In a form a teacher used to ask him about creating a company and its advertisement, he focused on a “sex toy” and a “sex boat.”
He was extremely impulsive and erratic with his behavior so it was just random outbursts,” Yon said adding that Cruz lacked “self-control” around her.
Yon noted in reports from 2013-14 that Cruz was defiant, aggressive, regularly used profanity, “stuck his middle finger up,” threatened to attack other students, made “obscene” gestures, pretended to masturbate in class, and darted into the road in front of a car during a fire drill. His behavior scared her at times.
As I walked past him he made a move as if he was going to lunge at me and laughed. I ignored his behavior,” Yon wrote in one of her notes, and in another added he “lunged at her.”
Yon said she reached out to the Broward Teachers Union’s attorney to discuss Cruz after concluding that he was “a danger” to her, the students, and the school.
Move For Mistrial
Before Yon’s testimony, Assistant Public Defender Melisa McNeill said the trial should be rendered invalid through an error in the proceedings over their several requests for Scherer to rule on their request to omit the swastikas as a violation of “fair trial rights.”
Assistant State Attorney Jeff Marcus disagreed. He argued the drawings in question were not related to the motion that McNeill was referring to. Marcus said the defense was well aware of the issue and the move for a mistrial was their strategy.
“The defense has already opened the door to mental health testimony,” Marcus said about the swastika being a symptom of Cruz’s anti-social personality disorder.
Witness Tampering Allegation
McNeill said there needed to be an investigation on the phone call Vensey received from his “personal friend” Attorney Christopher Whitelock, who represents several Broward County Public Schools employees, and introduced Marcus to the call.
“They said to him that they had concerns about his testimony today and how it could impact the district and how it could impact the individuals who work for the district,” McNeill said adding that Vensey said he felt “like they were trying to prohibit him from testifying.”
McNeill reported the call as possible witness tampering and potential prosecutorial misconduct. Marcus admitted to the phone call, but not to the alleged nature of it.
“This is totally not true. I did have a conversation. I called his lawyer, asked him if I could speak to his client and we spoke about what his testimony would be,” Marcus said. “Mr. Whitelock heard the conversation. I have every confidence that Mr. Whitelock would think that it was an appropriate conversation.”
Case Status: Parkland School Shooter
McNeill delivered her opening statement on Aug. 22 to attribute the 2018 Valentine’s Day massacre in Parkland to Cruz being “damaged.” She later said the defense team had over 80 witnesses.
The defense has presented 21 witnesses in eight days, including Cruz’s biological half-sister and a recovering addict who was arrested with his biological mother for cocaine possession when she was pregnant with Cruz.
The defense also called two psychiatrists and a clinical psychologist who treated Cruz for ADHD and oppositional defiance disorder.
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