Filing# 152626159 E-Filed 07/01/2022 04:40:04 PM

IN THE CIRCUIT COURT OF THE

17TH JUDICIAL CIRCUIT, IN AND
FOR BROWARD COUNTY, FLORIDA

STATE OF FLORIDA, CASE NO. 18-1958CF10A

VS.

NIKOLAS CRUZ JUDGE SCHERER

Defendant.
i

DEFENDANT'S RESPONSE IN OPPOSITION TO (SF-202) STATE'S MOTION FOR

PRETRIAL RULING ON ADMISSIBILITY OF REBUTTAL EVIDENCE ID-2991

The Defendant, Nikolas Cruz, by and through the undersigned attorneys, file this response

in oppositionto the State's motion seekingto admit overlyprejudicial

and unnecessary evidence.

As grounds for this request, the Defendant states as follows:

1. murder and 17 counts of attempted

Mr. Cruz has pled guiltyto 17 counts of first-degree

murder. The State has Notice of its intent to seek the death penalty.
1

first-degree filed

2. On June 30,2022, almost three months after the penaltyphase trial commenced in this

case, and two days after the jury to try the penaltyphase was sworn, the State filed SF-202,

a motion seeking a pretrialdetermination of the admissibilityof extremely prejudicial

evidence in its rebuttal case.

3. The probativevalue of is evidence for use in however,

rebuttingmitigation, is outweighed

by the danger of unfair prejudice,confusion of the issues,misleading the jury,or needless

1
On March Seek the Death Penalty, listingseven aggravating factors
13, 2018, the State filed its Notice of Intent to
itintends to prove at trial. The Defense contends that notice is deficient insofar as it fails to put the defense on notice
of which aggravating factors apply to which counts in the Indictment, thereby violating due process. On April 16,
2018, the State filed a document titled "State's Notice of Intent to Seek Death Penalty,"which lists the same seven
aggravators, but includes the name of each of the 17 allegedvictims of the first-degree murder counts, and did so
without leave of court, as required by statute and the rule.

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/01/2022 04:40:03 PM.****