The confessed Parkland school shooter was back in a Broward County courtroom Wednesday morning, for the first hearing of the new year in the case of The State of Florida vs. Nikolas Cruz.
Cruz faces 17 charges of first degree murder and 17 charges of attempted first degree murder for the shooting at Marjory Stoneman Douglas High School two years ago on February 14.
Attorneys argued in front of Judge Elizabeth Scherer about whether two witnesses who are still suffering emotionally after the tragedy should have to be deposed or questioned about what they experienced. Their answers could help attorneys prepare arguments ahead of Cruz's trial.
Ahead of the meeting in court, the attorneys worked out that one of the witnesses, a teacher at Marjory Stoneman Douglas High School, will agree to give a deposition, but with accommodations that can make her feel more comfortable.
Attorney Jay Cohen is representing the teacher, as well as a 17-year-old student at Stoneman Douglas.
Cohen argued that the student cannot, at this point, give a deposition. He said her mental health "continues to suffer" after what she witnessed on campus, nearly two years ago. In some cases, asking trauma survivors to detail the violence they experienced can lead to re-traumatization.
The defense and state believe the student is an important person to the trial.
"She has information, she's an A witness," Broward State Attorney Mike Satz said.
He said he does not have a problem delaying her questioning if, at some point in the near future, she becomes ready to talk about what she saw and heard on the day of the shooting.
Scherer told the attorneys she prefers they work out things like this on their own in the future.
"Rather than me order a deadline or protective order against a young woman who has already been through more than I can imagine... I think it's better if I defer," Scherer said. "I don't think anyone here wants to do her any harm."
Scherer also said if the attorneys can't move forward with questioning her, they will not be able to use her tesimony later at trial.
"The bottom line is: if she can't or won't, or a little bit of both... then she can't be called at trial," Scherer said. "This case has to keep going."
The trial is expected to begin sometime this summer. The next hearing is set for March 23.