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 Parkland shooting victim fights to be heard in Nikolas Cruz trial

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ShadowedGoddess
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PostSubject: Parkland shooting victim fights to be heard in Nikolas Cruz trial   Sun Apr 15, 2018 4:31 pm

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Twice, attorneys for Anthony Borges have tried to get prosecutors and defense lawyers thrown off the Nikolas Cruz case.

Twice, the survivor of the mass shooting at Marjory Stoneman Douglas High School has been turned away by Broward Circuit Judge Elizabeth Scherer, who ruled that the he lacks the “legal standing” to make such a demand.

Now the hero teen’s lawyer is preparing to take his argument to a higher court.

Alex Arreaza, the attorney representing the 15-year-old Marjory Stoneman Douglas High School student — who took five bullets as he blocked a classroom door against Cruz who killed 17 and injured 17 during the Feb. 14 shooting spree — has vowed to appeal Scherer’s ruling.

“She could have denied the motion,” said Arreaza. “But to say the victim of a crime lacks standing is stunning.”

The legal question is only part of Arreaza’s approach to a larger issue — the Borges family’s plan to sue the school district and the Broward Sheriff’s Office for failing to protect the student body of the Parkland high school.

Arreaza usually practices criminal defense, but he has been known to take on civil cases. Borges’ father, Royer, hired Arreaza to navigate the lawsuit while keeping tabs on the criminal case, the attorney said.

Florida law allows a victim to address the court with concerns “when relevant.” The Borges family’s concerns are relevant because, in their view, the State Attorney’s Office and the Public Defender’s Office have an inherent conflict of interest — in 2012, both signed off on a multi-agency school discipline agreement that Arreaza blames for blinding officials’ eyes to the threat posed by Cruz.

Prosecutors and defense lawyers deny any conflict of interest.

“Without any need to address the merits of the claims,” Scherer wrote in a March 21 decision, Arreaza and Borges are in no legal position to ask for the prosecutors and defense lawyers to be thrown off the case.

Arreaza asked her to reconsider. On April 4, she turned him away again.

Arreaza has made no secret of the fact that the school discipline agreement will be at the heart of the Borges family’s civil lawsuit. While most of the public conversation after the shooting has focused on the availability of guns, Arreaza said the 2012 agreement deserves a share of the blame for the massacre.

“Take the gun debate out of the equation,” he said, “and you still have the atmosphere that created Nikolas Cruz… They had plenty of times they could have intervened and even arrested Cruz. They chose not to.”

An official statement from the school district, dated March 2, disputes Arreaza’s claim, and Runcie said in an interview Friday that the attorney is mistaken.

The 2012 school discipline agreement provides for students to be arrested if they commit serious offenses, he said, but it also allows alternatives to the criminal justice system when they do things that would otherwise earn a suspension.

Those students, Runcie said, are placed in something called the PROMISE program, which stands for Preventing Recidivism through Opportunities, Mentoring, Interventions, Support and Education. The program keeps students in school, supervised, when they otherwise would have been barred from campus and left on their own, Runcie said.

About 90 percent of the students who go through the program do not get suspended again, Runcie said.

Nikolas Cruz wasn’t in that program, Runcie said. And if he had committed a felony on campus, he would have been arrested and enrolled in an alternative school such as the Whiddon-Rogers Education Center, whose students are in law enforcement custody.

“Kids are arrested on a regular basis,” Runcie said.

Arreaza said Runcie is trying to cover for the official failure to recognize the threat posed by Cruz.

Florida government agencies are entitled to six months’ notice of intent before they can be sued. Arreaza sent the Borges family’s notice on March 6, less than three weeks after the shooting.







HMM. Now this is interesting. This kid took 5 bullets while protecting a bunch of other kids, almost died, and he and his family seems to blame the system for failing Cruz more then Cruz himself. I will be watching how this plays out.


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Life asked Death, "Why do people love me, but hate you?"  Death responded, "Because you are a beautiful lie, and I am a painful truth."

                                                                                                                                                                                      -Unknown

My heart has been so badly broken and mended again. Stronger than ever because of its dreadful wounds that I thought it could never break again. But at the sight of his face, at the knowledge that he was taking his leave forever, beyond death, it shattered.
                                                                                                                                                                                -Jeanne Kalogridis

I have love in me the likes of which you can scarcely imagine and rage the likes of which you would not believe. If I cannot satisfy the one, I will indulge the other.
           -Mary Shelley's Frankenstein
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PostSubject: Re: Parkland shooting victim fights to be heard in Nikolas Cruz trial   Sun Apr 15, 2018 5:54 pm

I don't have an optimistic view regarding this particular legal challenge at all.
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PostSubject: Re: Parkland shooting victim fights to be heard in Nikolas Cruz trial   Sun Apr 15, 2018 6:02 pm

[You must be registered and logged in to see this link.] wrote:
I don't have an optimistic view regarding this particular legal challenge at all.


I really don't either. BUT it will be interesting to see how it pans out.

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Life asked Death, "Why do people love me, but hate you?"  Death responded, "Because you are a beautiful lie, and I am a painful truth."

                                                                                                                                                                                      -Unknown

My heart has been so badly broken and mended again. Stronger than ever because of its dreadful wounds that I thought it could never break again. But at the sight of his face, at the knowledge that he was taking his leave forever, beyond death, it shattered.
                                                                                                                                                                                -Jeanne Kalogridis

I have love in me the likes of which you can scarcely imagine and rage the likes of which you would not believe. If I cannot satisfy the one, I will indulge the other.
           -Mary Shelley's Frankenstein
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PostSubject: Re: Parkland shooting victim fights to be heard in Nikolas Cruz trial   Mon Apr 16, 2018 2:34 am

[You must be registered and logged in to see this link.] wrote:
HMM. Now this is interesting. This kid took 5 bullets while protecting a bunch of other kids, almost died, and he and his family seems to blame the system for failing Cruz more then Cruz himself. I will be watching how this plays out. 

They aren't exactly wrong. I mean FFS, Cruz was on the radar pretty much constantly and the response from the authorities was to sit on their asses and do FA.

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PostSubject: Re: Parkland shooting victim fights to be heard in Nikolas Cruz trial   Mon Apr 16, 2018 7:35 am

[You must be registered and logged in to see this link.] wrote:
[You must be registered and logged in to see this link.] wrote:
HMM. Now this is interesting. This kid took 5 bullets while protecting a bunch of other kids, almost died, and he and his family seems to blame the system for failing Cruz more then Cruz himself. I will be watching how this plays out. 

They aren't exactly wrong. I mean FFS, Cruz was on the radar pretty much constantly and the response from the authorities was to sit on their asses and do FA.



Oh I agree wholeheartedly with them. Nikolas Cruz AND his brother were well known by the police, both were clearly out of control and had no respect for authority. Their mom was obviously not capable of handling then, and was overwhelmed to the point that she had once told a friend that she wanted to give up her rights to them. But she apparently loved them a great deal, and couldn't bring herself to do it. Also she received NO real help in controlling them from anyone.

As I have said before the blame for this situation can be spread far and wide. The more I dig into the case, the more unbelievable it becomes that Cruz wasn't stopped. Evil or Very Mad

_________________
Life asked Death, "Why do people love me, but hate you?"  Death responded, "Because you are a beautiful lie, and I am a painful truth."

                                                                                                                                                                                      -Unknown

My heart has been so badly broken and mended again. Stronger than ever because of its dreadful wounds that I thought it could never break again. But at the sight of his face, at the knowledge that he was taking his leave forever, beyond death, it shattered.
                                                                                                                                                                                -Jeanne Kalogridis

I have love in me the likes of which you can scarcely imagine and rage the likes of which you would not believe. If I cannot satisfy the one, I will indulge the other.
           -Mary Shelley's Frankenstein
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PostSubject: Re: Parkland shooting victim fights to be heard in Nikolas Cruz trial   Mon Apr 16, 2018 2:32 pm

[You must be registered and logged in to see this link.] wrote:
The more I dig into the case, the more unbelievable it becomes that Cruz wasn't stopped. Evil or Very Mad

Everything that could've gone wrong did so, and in the worst possible way. The shitty part is that this isn't even unique to Nick Cruz; it's stunning how many time authorities, friends, and family members of mass killers missed or ignored major red flags.

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PostSubject: Re: Parkland shooting victim fights to be heard in Nikolas Cruz trial   Mon Apr 16, 2018 2:48 pm

[You must be registered and logged in to see this link.] wrote:
[You must be registered and logged in to see this link.] wrote:
The more I dig into the case, the more unbelievable it becomes that Cruz wasn't stopped. Evil or Very Mad

Everything that could've gone wrong did so, and in the worst possible way. The shitty part is that this isn't even unique to Nick Cruz; it's stunning how many time authorities, friends, and family members of mass killers missed or ignored major red flags.


100% agreed! I have said it before, but Cruz was as "Red Flag" as they come. Evil or Very Mad

_________________
Life asked Death, "Why do people love me, but hate you?"  Death responded, "Because you are a beautiful lie, and I am a painful truth."

                                                                                                                                                                                      -Unknown

My heart has been so badly broken and mended again. Stronger than ever because of its dreadful wounds that I thought it could never break again. But at the sight of his face, at the knowledge that he was taking his leave forever, beyond death, it shattered.
                                                                                                                                                                                -Jeanne Kalogridis

I have love in me the likes of which you can scarcely imagine and rage the likes of which you would not believe. If I cannot satisfy the one, I will indulge the other.
           -Mary Shelley's Frankenstein
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Parkland shooting victim fights to be heard in Nikolas Cruz trial
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