On Monday, less than a dozen family members sat quietly in the courtroom, watching the proceedings intently. The gunman, dressed in an olive green sweater over a collared shirt, sat with his lawyers up front.
Judge Scherer asked prospective jurors about scheduling conflicts or other obstacles that could prevent them from serving for the duration of the trial. Those who did not have any were asked to fill out questionnaires that asked about their backgrounds and their ability to handle graphic evidence. The remaining jury pool will be asked to return in a few weeks for courtroom interviews to gauge whether they can be impartial.
“Please do not discuss this case with anyone,” the judge urged.
A murmur arose from the first group of prospective jurors when Judge Scherer told them that the trial could last through September. Many rattled off reasons that serving on the jury would represent an extreme inconvenience, a sign of the long selection process ahead. One man said he operated a restaurant. Another said his employer would not pay him if he were selected. A woman said she was the caregiver for her grandchildren. Another said she was about to start a new job as a nurse.
“I’m a server at the Cheesecake Factory — if I don’t work, they don’t compensate me,” one man said. If the restaurant were to, the man added, it would pay him only $8 an hour. “And I’m not going into debt,” he said.
Of the first group of 60 prospective jurors, 18 were asked to fill out questionnaires and return in May.
That the gunman faces a court penalty at all is unusual for mass shootings, in which perpetrators often die, either by suicide or by being killed by the police.
The gunman’s guilt was never in doubt: Police officers captured him in the hours after the shooting, and his lawyers offered a guilty plea in exchange for a life sentence. (He was 19 at the time and is now 23.) But the Broward County state attorney, Michael J. Satz, turned down that plea, saying he was obliged to seek capital punishment for such a heinous crime.