Judge orders separate trials for James, Jennifer Crumbley in Oxford H.S. shooting case

After two years of fighting on a united front, James and Jennifer Crumbley have officially cut legal ties, convincing a judge to grant them separate trials in their historic case involving the Oxford school shooting carried out by their son.

The prosecution agreed that the parents need separate trials, though it expressed concern about the trauma for families having to sit through two trials.

In a one-page order Monday afternoon, Oakland County Circuit Judge Cheryl Matthews granted Jennifer Crumbley's request to sever her trial from her husband, who also asked the judge for his own trial.

In documents filed Monday morning, lawyers for the Crumbleys asked the judge to "sever" the couple's upcoming trial on involuntary manslaughter charges, maintaining that new information has surfaced in the case that could be prejudicial to both. Specifically, records show, at least two prosecution witnesses from Florida have come forward with information that could harm one, or both, of the parents.

"Upon review of the recently provided discovery, it is apparent that a conflict exists," defense attorney Mariell Lehman, who represents James Crumbley, wrote in her filing. "Severance of the trials of the defendants is necessary as the prosecution intends to call one or both of the witnesses."

New Crumbley witnesses spoke to police Oct. 31

The Crumbleys, who are the first parents in America charged in a mass school shooting, face a Jan. 23 trial for buying their son the gun that he used in the 2021 massacre that killed four students and injured seven others people. They are accused of ignoring a mentally ill son, buying him a gun instead of getting him help, and not telling the school about that gun when they had the chance.

Though the parents had been on the same page from the get-go, they are now poised to turn on each other, if their latest filings are any indication.

According to documents filed Monday in Oakland County Circuit Court, at least two new prosecution witnesses in Florida have come forward and spoke to police on Oct. 31, though details about what they said or who they are were not disclosed. The filing noted only that the prosecution provided police reports and audio recordings of the witness interviews to the defense on Nov. 2.

"Upon reviewing the new discovery, severance of the defendants in this case is now necessary as the prosecution intends to call one or both of the witnesses," defense attorney Shannon Smith, who is representing the mother, wrote in her filing.

Lawyers for both parents argued that severance of the trials" is necessary" to avoid prejudice "that will impact the substantial rights of both spouses" and ensure fairness.

Prosecution: It's their right to have separate trials

The prosecution agrees, though maintains the conflict between the spouses is nothing new.

"While the new (witness) interviews provide evidence that is damaging to both defendants and highlights the conflict ... it is not a new issue,' Assistant Prosecutor Marc Keast wrote in a response Monday. "This conflict has been apparent since the outset of this case."

Keast also agreed that separate trials are warranted, though noted there are downsides:

"Separate trials in this case come at significant cost to victims, witnesses, taxpayers and the additional jurors who will serve," Keast wrote. "But the Constitution affords the defendant that right, and the People agree that the defendant is entitled to a separate trial."

This development comes two weeks after the prosecution disclosed in a court filing that it has jail communications of Jennifer Crumbley "placing blame" on her husband for the shooting.

"James Crumbley should be aware of the fact that (his wife) Jennifer Crumbley has placed blame on him in jail communications," Keast wrote in a filing last month.

The disclosure triggered a terse response by the defense, which accused the prosecution of trying to make it look like the Crumbleys were not on the same page.

"The obvious goal of the prosecution at this point is to try to create a rift between the defendants and defense counsel and to make it appear to the public … that the Crumbleys are not united. This could not be more untrue," Jennifer Crumbley's lawyer wrote in a filing last month.

Prosecutors have not yet filed a response to the requests to sever trials.

A gag order prohibits both sides from publicly discussing the parents' case.

The Crumbleys and their son, Ethan, who was 15 at the time of the killings two years ago this month, have been locked up in the Oakland County Jail since the shooting. Ethan Crumbley pleaded guilty to all his crimes last year and faces life without parole when he is sentenced in December.

The Crumbleys are jailed on a $500,000 bond each. They have long argued that they are not responsible for the deaths of the four students, maintaining they had no idea their son would commit a school shooting and that the gun was locked and secure in their home.

If convicted, the parents each face up to 15 years in prison.

Tresa Baldas: tbaldas@freepress.com

This article originally appeared on Detroit Free Press: James, Jennifer Crumbley cut ties, get separate trials in Oxford case