Rift between Parkland massacre survivor and some families of the dead erupts in court

FORT LAUDERDALE, Fla. (AP) — A nasty rift between the most seriously wounded survivor of the 2018 Parkland school massacre and some families of the 17 murdered erupted in court on Thursday in a fight over dueling lawsuit settlements each side recently reached with the shooter as opposing attorneys accused each other of lying.

The immediate fight is over a June agreement survivor Anthony Borges and his parents reached with Marjory Stoneman Douglas High School shooter Nikolas Cruz that would give Borges rights to Cruz's name and image, approval over any interviews he might do and a $400,000 annuity left Cruz by his deceased mother.

Attorneys for the families of slain students Meadow Pollack, Luke Hoyer and Alaina Petty, and survivor Maddy Wilford, quickly countered with their own $190 million settlement with Cruz.

But as Circuit Judge Carol-Lisa Phillips learned Wednesday, the mutual animosity started during negotiations over a $25 million settlement reached in 2021 with Broward County schools when the families of those killed insisted Borges receive $1 less than they would as an acknowledgement that they suffered the greater loss.

Borges' attorney, Alex Arreaza, believed his client deserved $5 million from that pot as Borges will have a lifetime of medical expenses. That resulted in his client being kicked out of the group when he wouldn't budge. The fight continued during negotiations over a $127 million settlement the families and surviving victims reached with the FBI. The Borgeses eventually reached their own settlements.

Borges, 21, was shot five times in the torso and legs. The once-promising soccer star nearly bled to death.

“The Borgeses are tired of being treated like second-class citizens,” Arreaza said after the hearing. “We never wanted to air that out before, but the reality is that they threw us out of the group because they wanted to dictate what we are supposed to get, and the Borgeses have every right to ask for what they asked for.”

But David Brill, the lead attorney for the Pollack, Hoyer and Petty families and Wilford, said Arreaza has insulted the families by telling them he was tired of hearing about their dead loved ones and that he exaggerated how much Borges' future medical costs will be.

“This bad blood, on our side we have repeatedly done what is right for the Borgeses, notwithstanding that history, at every turn, even on this one. And this is the thanks we get,” Brill said after the hearing.

Phillips had to step in numerous times during Thursday's 90-minute session as the sides yelled over each other and accused each other of dishonesty. In exacerbation, the judge at one point made a semi-joke that the animosity level was so high she felt like she was presiding over a contested divorce — and that she was granting it.

The immediate fight over the dueling settlements comes in two parts.

First, Brill argued state law precludes Borges from acquiring rights to Cruz's name and likeness and any money he might earn from his story as Cruz was stripped of those when he was convicted.

In any case, Brill said, one person should not have the right to decide whether Cruz should be allowed to give interviews. That should belong to all the families and survivors, he argued, which would ensure Cruz would never be heard from again. Cruz, 25, is serving a life sentence at an undisclosed prison.

Second, he said, Arreaza violated a verbal contract to work together in their lawsuits against Cruz, split the annuity money and donate it to charity, if it ever materializes. Instead, Brill said, Arreaza surreptitiously got the killer to settle without telling anyone until it was done.

Arreaza insists that Brill is lying about a verbal contract and that Borges needs the possible annuity money to help with his future medical care. He insists that state law does not bar Cruz from signing over his name and any future earnings, but also said Borges would never agree to let Cruz give an interview, so the other families shouldn't worry about that.

Phillips said she would rule later on whether Borges, the families or anyone owns Cruz's publicity rights, but urged the sides to negotiate a settlement over the annuity. Otherwise, she will schedule a hearing that she said will be painful for both the families and Borges and again give Cruz the attention he craves.

She said she was particularly saddened Thursday's hearing came a day after four people were killed in a Georgia school shooting and that she thinks the sides are letting their animosity toward each other push aside the immense tragedy they all experienced.

“Everybody should look deep into their thoughts,” she told the lawyers. “Is this what everyone wants to focus on?”

Tom Hoyer, center, pauses outside of court after a hearing on Thursday, Sept. 5, 2024, in Broward County, Fla. Tom Hoyer's son Luke was killed in the mass shooting at Marjory Stoneman Douglas High School on Valentine's Day 2018. The families of the Parkland victims are in court to debate whether one plaintiff, the family of Anthony Borges, has the right to unilaterally negotiate a settlement entitling him to the rights to Nikolas Cruz's name and inheritance. (Mike Stocker/South Florida Sun-Sentinel via AP)

Tom Hoyer talks to the media outside of court after a hearing on Thursday, Sept. 5, 2024, in Broward County, Fla. Tom Hoyer's son Luke was killed in the mass shooting at Marjory Stoneman Douglas High School on Valentine's Day 2018. The families of the Parkland victims are in court to debate whether one plaintiff, the family of Anthony Borges, has the right to unilaterally negotiate a settlement entitling him to the rights to Nikolas Cruz's name and inheritance. (Mike Stocker/South Florida Sun-Sentinel via AP)

Anthony Borges and his parents exit court on Thursday, Sept. 5, 2024, in Broward County, Fla. Borges was shot five times in the mass shooting at Marjory Stoneman Douglas High School on Valentine's Day 2018. The families of the Parkland victims are in court to debate whether one plaintiff, the family of Anthony Borges, has the right to unilaterally negotiate a settlement entitling him to the rights to Nikolas Cruz's name and inheritance. (Mike Stocker/South Florida Sun-Sentinel via AP)

Tom Hoyer listens to testimony in court on Thursday, Sept. 5, 2024, Broward County, Fla. Tom Hoyer's son Luke was killed in the mass shooting at Marjory Stoneman Douglas High School on Valentine's Day 2018. The families of the Parkland victims are in court to debate whether one plaintiff, the family of Anthony Borges, has the right to unilaterally negotiate a settlement entitling him to the rights to Nikolas Cruz's name and inheritance. (Mike Stocker/South Florida Sun Sentinel) /South Florida Sun-Sentinel via AP)

Judge Carol-Lisa Phillips' speaks to Anthony Borges' attorney, Alex Arreaza in her Broward County, Fla., Courtroom on Thursday, Sept. 5, 2024. Borges was shot five times in the mass shooting at Marjory Stoneman Douglas High School on Valentine's Day 2018. The families of the Parkland victims are in court to debate whether one plaintiff, the family of Anthony Borges, has the right to unilaterally negotiate a settlement entitling him to the rights to Nikolas Cruz's name and inheritance. (Mike Stocker /South Florida Sun-Sentinel via AP)

Anthony Borges listens to testimony in Judge Carol-Lisa Phillips' courtroom on Thursday, Sept. 5, 2024, in Broward County, Fla. Borges was shot five times in the mass shooting at Marjory Stoneman Douglas High School on Valentine's Day 2018. The families of the Parkland victims are in court to debate whether one plaintiff, the family of Anthony Borges, has the right to unilaterally negotiate a settlement entitling him to the rights to Nikolas Cruz's name and inheritance. (Mike Stocker /South Florida Sun-Sentinel via AP)

Attorney David Brill gives testimony in court on Thursday, Sept. 5, 2024, Broward County, Fla. Brill is representing family members in the mass shooting at Marjory Stoneman Douglas High School on Valentine's Day 2018. The families of the Parkland victims are in court to debate whether one plaintiff, the family of Anthony Borges, has the right to unilaterally negotiate a settlement entitling him to the rights to Nikolas Cruz's name and inheritance. (Mike Stocker /South Florida Sun-Sentinel via AP)

Anthony Borges listens to testimony in Judge Carol-Lisa Phillips' courtroom on Thursday, Sept. 5, 2024, in Broward County, Fla. Borges was shot five times in the mass shooting at Marjory Stoneman Douglas High School on Valentine's Day 2018. The families of the Parkland victims are in court to debate whether one plaintiff, the family of Anthony Borges, has the right to unilaterally negotiate a settlement entitling him to the rights to Nikolas Cruz's name and inheritance. (Mike Stocker /South Florida Sun-Sentinel via AP)

Anthony Borges listens to testimony in Judge Carol-Lisa Phillips' courtroom on Thursday, Sept. 5, 2024, in Broward County, Fla. Borges was shot five times in the mass shooting at Marjory Stoneman Douglas High School on Valentine's Day 2018. The families of the Parkland victims are in court to debate whether one plaintiff, the family of Anthony Borges, has the right to unilaterally negotiate a settlement entitling him to the rights to Nikolas Cruz's name and inheritance. (Mike Stocker /South Florida Sun-Sentinel via AP)

AUGSBURG, Germany (AP) — Fabian Hürzeler is the English Premier League's new star manager after going unbeaten in his first four league games at Brighton. His old club St. Pauli is in trouble already.

The 31-year-old Texas-born coach got Hamburg-based St. Pauli promoted back to the Bundesliga last season for the first time since 2011, but left a month later to join Brighton.

Three games into the Bundesliga season and St. Pauli has yet to earn a point. Now coached by Alexander Blessin, Sunday's 3-1 loss at Augsburg left St. Pauli in the relegation zone. At least it shed the unwanted record of being the league's only team yet to score a goal.

New signing Marius Wolf gave Augsburg the lead shortly after halftime with his first Bundesliga goal since August 2022, before Phillip Tietz headed in a second. Carlo Boukhalfa's header got St. Pauli back into the game but Yusuf Kabadayi's added-time goal secured the win for Augsburg.

The only team below St. Pauli in the table is the other promoted club, Holstein Kiel, which has three losses and a goal difference of minus 8 after being routed 6-1 by Bayern Munich on Saturday.

Augsburg's win was its first of the season in the Bundesliga and came three days after coach Jess Thorup was given a contract extension through 2026.

Also Sunday, Werder Bremen held on for a 2-1 win at Mainz despite playing the last half-hour with 10 men.

Marvin Ducksch's early penalty for Bremen was canceled out by Lee Jae-sung's goal for Mainz after Bremen goalkeeper Michael Zetterer misjudged an interception.

Bremen captain Marco Friedl was red-carded in the 60th for fouling Mainz's Jonathan Burkardt when he was through on goal, but Bremen soon followed up with a goal for new signing Derrick Köhn on his Bundesliga debut.

AP soccer: https://apnews.com/hub/soccer

Bremen's Derrick Köhn celebrates scoring during the German Bundesliga soccer match between FSV Mainz 05 and Werder Bremen, at the Mewa Arena in Mainz, Germany, Sunday, Sept. 15, 2024. (Uwe Anspach/dpa via AP)

Augsburg's Samuel Essende, left, and St. Pauli's Eric Smith vie for the ball during the German Bundesliga soccer match between FC Augsburg and FC St. Pauli in Augsburg, Germany, Sunday, Sept. 15, 2024. (Harry Langer/dpa via AP)

St. Pauli's Robert Wagner, left, and Augsburg's Ruben Vargas in action during the Bundesliga soccer match between FC Augsburg and FC St. Pauli at WWK-Arena, Augsburg, Germany, Sunday Sept. 15, 2024. (Harry Langer/dpa via AP)