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u.s news Dialuna 15 augustus 2022

School shooter’s brain exams to be subject of court hearing

(AP) — A defense mental brain likely suffered dam-
health expert in the pen- age in the womb, including
alty trial of Florida school statements by his late birth
shooter Nikolas Cruz can mother that she abused alco-
pinpoint when he realized hol and cocaine during preg-
the 23-year-old mass mur- nancy.
derer still has “irrational
thoughts” — the two were They also have reports giving
making small talk when circumstantial evidence of
Cruz began describing his mental illness. Cruz got
plans for an eventual life kicked out of preschool for
outside prison. hurting other children. Dur-
ing his years in public school,
Wesley Center, a Texas coun- he spent significant time at
selor, said that happened last a center for students with
year at the Broward County emotional issues. He also re-
jail as he fitted Cruz’s scalp ceived years of mental health
with probes for a scan to treatment.
map his brain. The defense at
hearings this week will try to Then there are his life cir-
convince Circuit Judge Eliza- cumstances. Cruz’s adoptive
beth Scherer that Center and lives. They watched video of or “qEEG,” its backers say Dr. Charles Epstein, an Em- father died in front of him
other experts should be al- the former Stoneman Doug- it provides useful support to ory University neurology when he was 5; he was bul-
lowed to testify at Cruz’s on- las student calmly ordering such diagnoses as fetal alco- professor, reviewed Center’s lied by his younger brother
going trial about what their an Icee minutes after the hol syndrome, which Cruz’s findings for the prosecu- and his brother’s friends; he
tests showed, something the shooting and, nine months attorneys contend created his tion. In a written statement was allegedly abused sexually
prosecution wants barred. later, attacking a jail guard. lifelong mental and emotion- to Scherer, he said EEGs us- by a “trusted peer;” he cut
al problems. ing only external scalp probes himself and abused animals;
“He had some sort of epiph- Soon, it will be Cruz’s attor- like the one given Cruz are and his adoptive mother died
any while he was in (jail) that neys arguing why he should EEGs have been common in imprecise, making Center’s less than four months before
would focus his thoughts on be spared, hoping to con- medicine for a century, mea- qEEG results worthless. the shooting.
being able to help people,” vince at least one juror their suring brainwaves to help “Garbage in, garbage out,” he
transcripts show Center told mitigating factors outweigh doctors diagnose epilepsy wrote. His youth will also be an is-
prosecutors during a pretrial the prosecution’s aggravating and other brain ailments. But sue — he was 19 when the
interview this year. “His life’s circumstances — a death sen- the qEEG analysis, which Florida judges have given shooting happened.
purpose was to be helping tence must be unanimous. has been around since the mixed rulings about allow-
others.” 1970s, goes a step farther — ing qEEGs since 2010, when Attorneys not involved in
But first, the trial took last a patient’s EEG results are the test helped a Miami-area the case say if Scherer wants
Cruz, of course, will never week off to accommodate compared to a database of man escape a death sentence to avoid having a possible
be free. Since his arrest about some jurors’ requests to deal brainwaves taken from nor- for fatally stabbing his wife death sentence overturned
an hour after he murdered with personal matters. The mal or “neurotypical” people. and severely wounding her on appeal, she should give
14 students and three staff jury will also be absent this While qEEG findings cannot mentally disabled 11-year- the defense wide latitude on
members at Parkland’s Mar- week as the sides argue be- be used to make a diagnosis, old daughter. Some judges what it presents so jurors can
jory Stoneman Douglas High fore Scherer, who will decide they can support findings have since allowed their ad- fully assess his life and men-
School on Feb. 14, 2018, whether brain scans, tests and based on the patient’s history, mission, while others barred tal health.
there has never been any other evidence the defense examination, behavior and them. Scherer, who is over-
doubt his remaining years wants to present starting other tests, supporters con- seeing her first death pen- “If it’s a close call, I think she
would be behind bars, sen- Aug. 22 is scientifically valid tend. alty trial, has never had a case is going to bend to the de-
tenced to death or life with- or junk, as the prosecution where the defense tried to fense — and the prosecution
out parole. Surveillance video contends. A “qEEG can confirm what present a qEEG report. is not going to be happy,” said
shows him mowing down his you already know, but you David S. Weinstein, a Miami
victims with an AR-15-style Center’s test and its findings can’t create new knowledge,” Even if Scherer bars the test, criminal defense lawyer and
semiautomatic rifle and he will be subject to contentious Center told prosecutors in lead defense attorney Melisa former prosecutor.
confessed, eventually plead- debate. Called a “quantita- his interview. McNeill and her team still
ing guilty in October. tive electroencephalogram” have evidence that Cruz’s

Prosecutors made their argu-
ment for death to the seven-
man, five-woman jury and 10
alternates over three weeks,
resting their case Aug. 4 af-
ter the panel toured the still-
bloodstained, bullet-pocked
classroom building where the
massacre happened.

The jurors also watched
graphic surveillance videos;
saw gruesome crime scene
and autopsy photos; received
emotional testimony from
teachers and students who
witnessed others die; and
heard from tearful and angry
parents, spouses and other
family members about the
victims and how their loved
one’s death impacted their