MIAMI (CBSMiami) – The public defenders for confessed Parkland school shooter Nikolas Cruz filed a motion Monday, asking the judge to disqualify herself from the case.
Lawyers contend Cruz fears judge Elizabeth Scherer cannot be impartial because she communicated with a prosecutor without the defense being present.READ MORE: Florida School District Defies Gov. Ron DeSantis' Ban On Masks
<a href="https://miami.cbslocal.com/wp-content/uploads/sites/15909786/2019/11/motion.pdf" rel="noopener noreferrer" target="_blank">Read the motion to disqualify judge Scherer in its entiretyREAD MORE: State Senator Gary Farmer Says Governor’s Executive Order Preventing School Mask Mandates Is Unconstitutional
They are asking that the case be randomly assigned to another judge.
The Broward State Attorney’s Office says there was no conversation between prosecutors and the judge outside of courtroom proceedings.MORE NEWS: President Biden Criticizes Florida Gov. Ron DeSantis
Cruz’s attorneys also told the judge they may not be ready for the scheduled start of the trial in late January.