Judge to hear arguments from Cruz attorneys after jury mix-up - WFLX Fox 29

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Attorneys for the Parkland school gunman filed a motion Wednesday to strike the death penalty from the case after a misstep earlier this month during the jury selection process.

Judge Elizabeth Scherer is expected to hear arguments from Nikolas Cruz's defense team, who oppose the state's motion to strike a panel of 11 jurors from the case.

Scherer ruled Monday that she should have questioned potential jurors who said they would not follow the law before she dismissed them on April 5.

The gunman's attorneys also accused both the judge and prosecutors of acting in bad faith when more than 200 potential jurors were dismissed this week.

RELATED: Guards fear for Nikolas Cruz's safety during chaotic jury selection Tuesday

In Wednesday's filing, Cruz's defense team contends that the dismissal of the potential jurors would only make the situation worse.

"The striking of all of these prospective jurors exponentially compounds the potential error by prematurely excusing them without knowing whether the initial error can be cured," the defense team said in Wednesday's filing. "Moreover, notwithstanding the State’s contentions, the improper striking of all previous panels violates double jeopardy and due process. Thus, if this Court does not intend to reverse its order striking all previous panels, and further does not intend to make an attempt to return the 11 improperly excused jurors to court, the State must be barred from seeking the death penalty and the proceedings must conclude."

Read the defense team's motion:

Prosecutors called the defense team's arguments baseless and "a blatant attempt to goad the court into reacting unfavorably toward the defense."

The state wants to strike the panel of prospective jurors and start jury selection all over, but defense attorneys have objected to beginning the process again.

The decision would nullify two weeks of work by lawyers for the prosecution and defense.

Scherer is expected to give the defense team 15 minutes Wednesday afternoon to hear their argument.

Testimony now isn't scheduled to begin until June 21.

Cruz has already pleaded guilty to killing 17 people during the 2018 massacre at Marjory Stoneman Douglas High School.

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