PARKLAND, Fla. – More than five years after former Broward Sheriff’s Office Deputy Scot Peterson was accused of taking cover instead of taking action during the Parkland school massacre, his trial is set to begin.
Motions were heard in court Monday, with jury selection expected to occur next week.
Peterson got choked up as the trial inches closer.
“It’s been about six months since I have been back in South Florida, so mixed emotions -- it’s tough,” he said.
Peterson wore a lapel pin he said was “protection from God.”
Judge Martin S. Fein deferred the final ruling on whether jurors will be permitted to enter the 1200 Building, where the mass shooting took place.
The defense is asking they visit the outside to see the scale of the building and hear what attorney Mark Eiglarsh describes as a “pronounced echo” in area -- a key detail to the defense’s case on why his client took what he describes as a tactical position of cover.
“The distance is so large -- only way to appreciate it is to be there,” Eiglarsh said.
Prosecutors told the judge that if they are going to the building, they should also view the inside as charges in this case relate to those injured and killed on the third floor -- shot when Peterson was nearby, but did not enter the building.
“They have to see the whole thing,” Assistant State Attorney Steven Klinger said.
Those killed on the third floor include Meadow Pollack, Cara Loughran, Peter Wang, Jaime Guttenberg, Scott Beigel and Joaquin Oliver.
Those injured on the third floor include Marian Kabachenko, Stacy Lippel, Kyle Laman and Anthony Borges.
The judge wondered if photos and video would be sufficient, but the defense argued that taking them inside would be prejudicial.
Although deferring that decision, the judge did dismiss the defense team’s request to continue the case by 75 days due to the majority of its witnesses, including teachers, former students and law enforcement officers, having summer plans and not being able to be in court.
The judge said the witnesses received subpoenas, so their presence in court is not voluntary.
On Sunday, Local 10 spoke with a prosecutor who says this is not a slam dunk case for the prosecution.
Following the 2018 mass shooting at Marjory Stoneman Douglas High School where 17 people were killed, the police response was scrutinized.
Heavy criticism of inaction fell on the school resource officer -- Peterson.
The now former BSO deputy was fired and eventually charged for failing to confront the shooter.
Five years later, his trial is set to begin.
Peterson is facing seven counts of child neglect, three counts of culpable negligence and one count of perjury.
Veteran prosecutor Gail Levine, who is not affiliated with the case, weighed in on the charges.
“He was trained, he followed the training procedures. If you don’t like them, that’s why they were changed,” Levine said.
Levine says by statute, police officers are not considered caregivers, and Peterson is being charged as such.
She adds there was very little law on what school resource officers are to do in active shooter situations.
“A school resource officer had very little responsibility in the light of being a kin to a SWAT officer,” Levine said.
“They have a difficult case here,” legal analyst David Weinstein also told Local 10. “It is not an open and shut case -- there is a lot open for interpretation.”
In 2016, Peterson did have active school shooter training, but it greatly differs from training given after the MSD shooting.
Peterson has defended his actions, saying he did not know where the gunman was and he thought a sniper may have been targeting the building.
“I would not want any law enforcement officer in the country to experience this,” Peterson said.
Peterson’s trial will start the day after a jury is selected and is expected to run through mid-August with 60 to 80 witnesses taking the stand in all.
The case requires a six-member jury with up to four alternates.