Fieger: I deserve to know about headless bird detail in Oxford school shooting case

Geoffrey Fieger is venting about new details that are surfacing in the Oxford school shooting, such as allegations that the suspect stored a baby bird's head in a jar in his bedroom and brought it to school.

In a new court filing, the Southfield-based attorney says the prosecutor disclosed that detail in a court document last week, but unfairly kept that and more from him when he asked for information he believes he is entitled to access as he pursues a lawsuit against the school district over the shooting that killed four students and injured seven others.

Fieger, whose law firm is seeking $100 million on behalf of two siblings who survived the shooting, is fighting to gain access to surveillance footage and other evidence from the Nov. 30 massacre. But the prosecutor and sheriff's office have denied his requests for information, he says, and the school district is trying to block him from getting it, too.

The school district has argued that it shouldn't have to provide any information to Fieger until a judge decides whether school officials are protected by immunity.

Fieger, meanwhile, has taken the issue to court and is asking a judge to grant him subpoena power so he can see the evidence and build his case, which claims that school officials ignored red flags about a troubled student and failed to take appropriate action that could have prevented the tragedy.

Fieger is upset that a lot of what he has requested has surfaced in the media, such as the drawing of the gun that Ethan Crumbley allegedly made in math class on the day of the shooting, along with the words "The thoughts won't stop, help me." He is also upset about 911 calls being released, and details about the suspect's actions on the day of the shooting and before.

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"Plaintiffs have been forced to obtain information from media sources instead

of from the investigating entities. This is not proper and forces plaintiffs to deal with

severe prejudice," Fieger argues in a Wednesday court filing, which cites many of the new details that were made public in the criminal cases last week. Among them:

• The suspect, Ethan Crumbley, 15, allegedly tortured animals and kept a baby bird's head in a jar on his bedroom floor, which he later took and placed in a school bathroom.

• Crumbley's parents knew their son was depressed, ignored his "troubling texts" for months, failed to get him help and instead paid attention to their own lives, including having extramarital affairs.

• The parents knew their son was fascinated with guns, that his only friend had moved away in October, that he was sadder than usual, and that he was seen watching violent videos of shootings on the morning of the Oxford High shooting.

"Instead of paying attention to their son and getting him help, they bought him a gun," Oakland County Prosecutor Karen McDonald wrote in the filing that has Fieger riled up.

McDonald was referring to the gun police believe was used in the massacre. Ethan Crumbley's parents bought him the gun as an early Christmas present four days prior to the shooting, police have said.

McDonald made the disclosures as part of an effort to keep Crumbley's parents locked up on $500,000 bond each. The Crumbleys, who are facing involuntary manslaughter charges in the case, have asked that bond be lowered to $100,000 each, though the prosecution argues that amount is too low, and that the parents are a flight risk.

As for Fieger's complaints that the prosecution is unfairly withholding evidence from him, Chief Assistant Prosecutor David Williams issued this statement to the Free Press:

"Pursuant to the FOIA statute, we do not provide discovery to anyone other than the defendant’s lawyer during a criminal prosecution. We assume the details that Mr. Fieger refers to is the information contained in pleadings filed with the court in response to a motion filed by the defendants. We are committed to seeking justice for the victims in this case and remain focused on our criminal prosecution."

Fieger, meanwhile, calls the new details disclosed by the prosecutor "new information" that warrants his "need for subpoena power." He says that his office has submitted several Freedom of Information Act requests to various entities in the case, but that the Oakland County Prosecutor’s Office and Oakland County Sheriff’s Office have "sent blanket denials ... stating investigation records would deprive a person of the right to a fair trial due to there being underlying criminal investigations."

But Fieger argues that his clients "are in the dark about names, phone numbers, and addresses of potential key witnesses," and are unfairly being forced to get their information from the news media.

"This is not proper and forces plaintiffs to deal with severe prejudice," argues Fieger, who wants subpoenas issued to the following entities: Oakland County Dispatch; Office of the Michigan Attorney General; Oakland County Prosecutor; Michigan State Police; Oakland County Sheriff’s Office; Department of Justice; and the FBI.

Killed in the shootings were Hana St. Juliana, 14; Tate Myre, 16; Madisyn Baldwin, 17, and Justin Shilling, 17.

According to prosecutors, the parents did not have the gun that was used in the shooting properly secured: It was kept in an unlocked, armoire cabinet.

The defense has disputed that, stating in court records that the gun was kept "in a locked and hidden location." It also has argued that the parents had no way of knowing their son was going to use the gun at school, and that they are not responsible for what happened.

Ethan Crumbley is facing first-degree murder and terrorism charges and has pleaded not guilty. So have his parents. All three Crumbleys are being held at the Oakland County Jail, though they cannot communicate with one another. The parents have a bond hearing scheduled for Jan. 7.

This article originally appeared on Detroit Free Press: Fieger vents about headless bird detail in Oxford school shooting case