Lawyers for the confessed Parkland gunman are seeking a 45-day delay in the sentencing trial, saying a key witness is unavailable due to a medical condition.
According to a motion filed Sunday, Public Defender Gordon Weekes asked for a continuance for the sentencing trial to begin around Aug. 22.
Judge Elizabeth Scherer hasn’t ruled on it yet, but the opening statement from the prosecution was presented on Monday, and testimony from about a half-dozen witnesses took place.
The motion says that last week, Natalie Novick Brown, a licensed psychologist with a specialty in Fetal Alcohol Spectrum Disorders and other disabilities, advised the defense counsel that she has a “serious medical condition” and that her doctor “recommended medical retirement from forensic trial work.”
“The reason for this recommendation is that her medical condition is unpredictable and potentially exacerbated by the stress from the demanding nature of trial work,” the motion says.
Brown spent more than 400 hours working on the case, including reviewing 20,000 documents, the motion said. Some of Brown’s duties will need to be shifted to other previously retained experts, the motion said.
“The defense is not attempting to unnecessarily delay proceedings; Dr. Brown’s condition was unforeseen,” the motion said. “The defense is trying to prevent additional years of litigation because of a reversal based on judicial error or ineffective assistance of counsel. “
Defense lawyers for killer Nikolas Cruz decided Monday to delay their opening statements until after prosecutors finish presenting their case. Cruz has pleaded guilty to murdering 17 people at Marjory Stoneman Douglas High School on Feb. 14, 2018. Jurors will decide whether he gets the death penalty or life in prison without parole.
