Marjory Stoneman Douglas High School shooter Nikolas Cruz is shown at the defense table during a hearing just before the jury resumed deliberations in the penalty phase of his trial at the Broward County Courthouse in Fort Lauderdale, Fla. on Thursday, Oct. 13, 2022.
Prosecutors are asking for the investigation under a provision in criminal procedure that allows for it in cases where “the verdict may be subject to challenge.” It is extremely unlikely that allegations of juror misconduct raised after trial can change the outcome when it’s in the defendant’s favor.
It’s not clear whether the threatened juror voted for death or life. Juror Denise Cunha wrote in a letter to Scherer Thursday that she angered fellow panelists when she made it clear she would not vote to execute Cruz. “The deliberations were very tense and some jurors became extremely unhappy once I mentioned that I would vote life,” she wrote.
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