MIAMI (CBSMiami) – A motion to dismiss the case against confessed Parkland shooter Nikolas Cruz for an attack on a jail guard, captured on surveillance camera in 2018, was denied by a Broward judge.

Cruz’s defense argued that surveillance video before the scuffle happened was not preserved, and therefore denied him a fair trial.

However, a judge ruled that there was no due process violation.

The trial in the jail attack case is set to begin Monday. Separate from proceedings in the February 14th, 2018 mass shooting at Marjory Stoneman Douglas High School. Team