Attorneys defending Nikolas Cruz are hoping to speak to people from Henderson Behavioral Health about their impressions while treating Cruz in years prior to the 2018 Parkland school shooting.
Inside the courtroom the defense argued that if they are unable to speak with witnesses informally - that means without the state present - they would be “ineffective” in representing him against the death penalty.
Normally, the defense could speak with Henderson employees without a special subpoena. But because of several pending civil lawsuits against the mental health care provider, Henderson has requested the subpoenas.
In a tense opposition to the defense - the state argued they have the right to be present at these types of meetings, and that case law prohibits the court from granting the request.
Judge Elizabeth Scherer made no immediate ruling, and said she would have a written decision in a few days.
You can read more from our partner The Miami Herald.