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Prosecution rests in Parkland school shooter's sentencing trial

Prosecution rests in Parkland school shooter's sentencing trial
Prosecution rests in Parkland school shooter's sentencing trial 02:24

FORT LAUDERDALE - After three days of rebuttal testimony, prosecutors have rested their case in the Parkland shooter's sentencing trial.

The judge told the jury beginning next Wednesday, they will start deliberating his fate. 

The shooter who pleaded guilty a year ago to killing 17 students and staff at Marjory Stoneman Douglas High School in 2018 will be either sentenced to death or to life in prison without parole.

A finding of death must be unanimous. 

Prosecutors brought in a paid expert neuropsychologist to testify they the shooter had borderline and antisocial personality disorders and had no regard for others. 

Dr. Robert Denney evaluated the shooter at the jail in March testing and questioning him.

In taped recorded conversations played for the jury, the shooter said he chose Valentine's Day to commit the massacre "Because no one loved him."

And he wanted to ruin the holiday forever for anyone associated with the school.

Prosecutors are hoping it bolsters their contention that he wasn't driven to kill by a mental disorder he couldn't control, but planned his attack and chose to carry it out.

They are trying to convince jurors they should sentence Cruz, 24, to death. 

Cruz's attorneys have contended throughout the trial that his birth mother's heavy drinking during pregnancy left him with fetal alcohol spectrum disorder, causing brain dysfunctions that led to lifelong episodes of bizarre, erratic and sometimes violent conduct that culminated with the shootings. After several attempts that were blocked by Circuit Judge Elizabeth Scherer, they were also able to tell jurors Thursday that Cruz says he was raped and sexually molested numerous times by a neighbor when he was 9.

Under Florida law, if defense attorneys argue their client has a mental deficiency, prosecutors get to conduct their own examination.

Denney testified earlier that he believes Cruz purposely did poorly on tests in an attempt to mimic severe brain dysfunction. He reiterated his belief Thursday that Cruz does not have fetal alcohol issues, but has an antisocial personality disorder — in lay terms, he's a sociopath.

He said Cruz understands reality and can control his actions when it suits him. He said that differentiates antisocial personality disorder from schizophrenia or delusions, where the person acts on false thoughts they can't control.

Assistant prosecutor Jeff Marcus played two videos from Denney's interviews with Cruz. In the first, Cruz describes his torture of animals such as toads and lizards as a child, an issue that has been raised several times.

"I burned, I tortured them, I skinned them alive, I shot them," Cruz said without emotion. "I would play with their dead bodies or I would eat them."

In the second video, Denney asks Cruz as he is finishing his second and final day of interviews is there "anything important that I haven't asked you?"

Cruz thought for about 10 seconds and then responded, "Why I chose Valentine's Day." He then explained.

"Because I thought no one would love me," Cruz said. "I didn't like Valentine's Day and I wanted to ruin it for everyone." A soft gasp went up from victim's parents and relatives sitting in the courtroom.

"Do you mean for the family members of the kids that were killed?" Denney asks.

"No, for the school," Cruz replied. The holiday will never be celebrated there again, he said.

Marcus then read off the names of the 17 victims and after each asked Denney if fetal alcohol syndrome could explain why Cruz murdered that person. No, Denney replied 17 times.

Under cross-examination by defense attorney Casey Secor, Denney conceded Cruz said in their interviews he had been molested and raped by a neighbor. It is an issue the defense has wanted to present several times, but Judge Scherer ruled that the only three people who can corroborate the accusation aren't available. Cruz adoptive mother, Lynda Cruz, died months before the shootings and the alleged rapist and his mother no longer live in the United States and can't be forced to appear as witnesses.

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