Judge who oversaw Nikolas Cruz case is removed from another death penalty case

The judge who oversaw the sentencing of the Parkland massacre shooter was removed from another death penalty murder case because she showed unfair bias by embracing prosecutors and victims, the Florida Supreme Court said.

Judge Elizabeth Scherer, 46, was removed from court Thursday overseeing all post-conviction proceedings for Randy Tundidor, who was sentenced to death for the 2010 murder of his Broward County landlord and is appealing his case.

Tundidor, 56, is serving a 40-year sentence and fears Scherer’s friendly interactions with prosecutors, who sought the death penalty against Parkland gunman Nikolas Cruz during sentencing, could affect his right to a fair trial.

At the time of his sentencing, the prosecution said Tundidor killed his landlord, who was about to evict him and his family. In 2019, he appealed against his conviction, which was to go to court under Scherer’s supervision.

Randy Tundidor, who was sentenced to death for the 2010 murder of his Broward County landlord, is appealing his conviction

Scherer was in the spotlight for her work in the Parkland school shooter case that closed last November when Cruz was sentenced to life in prison after killing 17 people and wounding another 17 at Marjory Stoneman Douglas High School on Feb. 14 2018.

Florida Justices cited Scherer as embracing prosecutors seeking the death penalty against Parkland shooter Nikolas Cruz during sentencing when she was expected to remain neutral.

“Immediately after Cruz’s sentencing, Judge Scherer left court and, still in her court robes, exchanged hugs with the families of the victims and members of the prosecution team,” the judges said in their unanimous decision.

Scherer was left with no choice but to sentence Cruz to life in prison without parole after the jury was unable to reach a unanimous decision on the death penalty recommendation.

One of the prosecutors in Tundidor’s case, assistant state attorney Steven Klinger, was also on the team prosecuting Cruz.

Tundidor claimed last week that Judge Scherer was “sympathetic” to Klinger at his Nov. 4 hearing following the conviction for the Parkland School shooter.

He added that he heard Klinger add “”words cannot describe” how he felt,” the court said.

While Tundidor Scherer or Klinger did not hear Cruz’s case mentioned by name, he concluded that the two were discussing the case based on the timing.

Tundidor concluded that Scherer and Klinger shared their disappointment with how the case turned out.

His report led officials to determine that Scherer was not fit for the appeal.

The Supreme Court also said Scherer also had heated arguments with Cruz’s lawyers, accusing one of threatening her children and telling two members to “sit down.”

Florida Justices cited Scherer as embracing prosecutors seeking the death penalty against Parkland shooter Nikolas Cruz during sentencing when she was expected to remain neutral. She also hugged the victims’ families

Scherer was seen upstairs hugging a victim’s family at the Boward County Courthouse on Nov. 2

Judge Scherer has been in the spotlight for her work in the Parkland school shooter case with gunman Nikolas Cruz (above) that concluded last November when Cruz was sentenced to life in prison after murdering 17 people and injuring another 17 on the Marjory Stoneman Douglas High School on February 14, 2018

Tundidor’s report came as the state legislature passed a bill on Thursday that would allow the death penalty when at least 8 of 12 jurors recommend it.

The measure was filed in response to the Parkland case. Republican Gov. Ron DeSantis supports the bill.

Tundidor, who is on death row, was initially convicted of murdering his professor and landlord in 2010.

At the time of Tundidor’s sentencing, prosecutors said he killed Joseph Morrissey as the landlord was preparing to evict him and his family.

Tundidor and his son, also named Randy Tundidor, had broken into Morrissey’s house and forced him to withdraw money from an ATM before stabbing him and setting fire to his house with Morrisey’s wife and son inside.