Crumbleys plan to call their son to testify in their case: 'We need him'

James and Jennifer Crumbley are in an unusual predicament, if their trial strategy is any indication.

They plan on calling their son — the Oxford school shooting suspect — as a witness to help them in their criminal case, their lawyers announced in a court hearing Monday.

"We need him as a witness in this trial," defense attorney Shannon Smith said in court, quickly drawing the ire of the prosecution.

Oakland County Prosecutor Karen McDonald questioned how and why they would use their son "to somehow highlight his role" in the case to help them.

But the defense fired back.

"This is not about the defendants wanting to throw their son under the bus, or making him look bad," Smith argued. "When the prosecution criticizes the defense of being selfish — we are going to be selfish all day ... Selfishly, we have to protect their rights."

"I understand," Oakland County Circuit Judge Cheryl Matthews responded.

Matthews noted, however, that 16-year-old Ethan Crumbley, who was 15 at the time of the shooting, can't invoke his Fifth Amendment right against self-incrimination in front of the jury.

Smith said she understood that, and that her questioning would be limited to Ethan answering questions involving "extraneous matters that are important in the case."

Assistant Prosecutor Marc Keast said he couldn't fathom how the Crumbleys would be able to call their son as a witness and use him in their defense, though the judge noted "they have a right to call him."

More: Judge denies Crumbleys' request to move trial out of Oakland County

More: Judge denies Crumbleys' request to drop involuntary manslaughter charges

Ethan's potential role in his parents' case came up during the tail end of a heated hearing during which the judge denied the Crumbleys' request to move their trial out of Oakland County. But the judge did grant the parents' request to issue a gag order that prevents the prosecution from discussing their case with the media and on the internet. The order also applies to the defense.

The couple's lawyers also convinced the judge to keep out of trial numerous elements that they argued were irrelevant and prejudicial, including: the mom's alleged extramarital affair, the couples' alleged "messy house," pot and booze found in the home, a Nazi coin that was found in their son's bedroom, and a bird's head that he allegedly hid under his bed in a jar.

Matthews ruled that all of those elements are inadmissible at trial, which means the jury will not hear them.

But Matthews denied the Crumbleys' request to keep other evidence out of trial, including their son's journal, his Instagram messages and text messages he sent a friend in which he discussed his mental health issues.

At issue for the Crumbleys now is the timing of their trial. It is scheduled for Oct. 24 — close to the one-year anniversary of the Nov. 30 massacre that left four students dead and seven injured.

Their son's trial, meanwhile, was recently pushed to January, and the Crumbleys want their trial to be held after his.

Matthews said she would stick to the Oct. 24 trial date for the Crumbleys, who are charged with involuntary manslaughter for their alleged roles in the case. The prosecution alleges the couple failed to help their "troubled son," giving him access to a gun, instead of getting him medical help and therapy.

The defense and prosecution left the courtroom in silence Monday, abiding by the new court order.

The Crumbleys have pleaded not guilty, saying they had no way of knowing their son would carry out a mass shooting, and maintaining that they kept their gun in a locked and secure place in their home.

More: Prosecution to Crumbleys: You can't censor us. We have a duty to the victims

All three Crumbleys are being held in the Oakland County Jail pending the outcome of their cases and are not allowed to communicate with one another.

Contact Tresa Baldas: tbaldas@freepress.com

This article originally appeared on Detroit Free Press: James, Jennifer Crumbley plan to call son to testify in their case