Nikolas Cruz Loses His Colored Pencils

Attorneys sparred over whether he should have them
By Kate Seamons,  Newser Staff
Posted Oct 7, 2021 12:15 PM CDT
Nikolas Cruz's Colored Pencils an Issue in Court
Parkland school shooting suspect Nikolas Cruz wipes his eyes during jury selection.   (Amy Beth Bennett/South Florida Sun Sentinel via AP, Pool)

Nikolas Cruz is on trial for allegedly attacking a jail guard in November 2018, with jury selection having started Tuesday—and an unusual dispute between attorneys having bubbled up Wednesday. While Cruz was described as alert and focused on Tuesday, Local 10 reports he "appeared distressed" the next day and was seen rubbing his forehead and blowing his nose. NBC Miami reports a prospective juror in the first group on Wednesday cried upon seeing Cruz (it's the third time that had happened during the selection process, in which jurors enter the courtroom without knowing who the defendant is).

Cruz became noticeably upset in response, and one of his lawyers supplied him with paper and colored pencils with which to calm himself. Prosecutor Maria Schneider decried it as a sympathy play. "They are doing (that) so the jury perceives that he is a child, that his mentality is somehow challenged," she complained. Defense attorney Gabe Ermine countered they were just trying to calm Cruz down. "We are not doing this for any nefarious reasons," he said.

Regardless of intention, Circuit Judge Elizabeth Scherer ruled the pencils were a no-go, and that for safety reasons he could only use the pen he'd been issued. Cruz faces up to 15 years if convicted of attempted criminal battery on a law enforcement officer, among other charges. His trial in the Parkland shooting, in which 17 people were killed, has yet to be scheduled. (More Nikolas Cruz stories.)

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