The judge overseeing the case of Parkland shooting suspect Nikolas Cruz has denied a defense motion to recuse herself.
On Tuesday, Circuit Judge Elizabeth Scherer issued an order saying the arguments outlined in the motion to disqualify were “legally insufficient to merit disqualification.”
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The court order comes a day after the defense expressed concerns that their client would not receive a fair trial, citing Scherer’s close ties with prosecutors and undisclosed communications with the state.
Cruz, 21, is scheduled to stand trial in January on 17 counts of murder and 17 counts of attempted murder in the February 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, that left 17 students and faculty dead. He faces the death penalty if convicted.
Cruz has pleaded not guilty to all counts against him.
The motion filed by Cruz’s attorneys stemmed from conversations Scherer is alleged to have had with Assistant State Attorney Jeff Marcus, one of the lead prosecutors on the case, in response to multiple requests from the defense for a real-time court reporter.
Among other things, the motion questioned why Scherer did not disclose her contact with Marcus. The motion also raised questions about the judge’s objectivity since she previously worked for State Attorney Michael Satz, a mentor who attended Scherer’s wedding.
Jury selection in the case is set to begin Jan. 27.