Jennifer Crumbley's lawyer could get jailed over handling of historic Oxford shooting case
Jennifer Crumbley's lawyer may face the same fate as her client — jail time — over her handling of sensitive information involving the Oxford school shooter.
But she gets to try the shooter's mother's historic case first before any potential punishment is handed out.
In a three-page ruling Monday, a judge ordered attorney Shannon Smith, who is representing the shooter's mother, to appear at a hearing next spring to explain "why she should not be held in indirect criminal contempt" for disclosing comments that the shooter made to a psychiatrist while in jail.
Specifically, Smith disclosed in a court filing that Ethan Crumbley contradicted himself in meetings with the psychiatrist, saying both that he asked his parents to get him mental health help and that he didn't. Smith maintains the latter comments show Ethan Crumbley is unreliable and are crucial to the parents' defense.
Jennifer and James Crumbley are facing separate trials as soon as January on involuntary manslaughter charges for buying their son the gun that he used in the shooting, and for not disclosing that to the school when given the chance. Four students were killed in the 2021 shooting at Oxford High School. Six other students and a teacher were injured.
Judge wants a 'full hearing' to consider allegations against lawyer
Smith maintains she did nothing wrong, while the prosecution argues she crossed a line and should be punished for disclosing information that should have been filed under seal. The prosecution alleges Smith violated a protective order that was meant to keep the shooter's mental health records confidential.
Moreover, the prosecution alleges Smith disclosed misleading and false information about the shooter, and only did so to "create false headlines."
Smith maintains the information she disclosed is accurate and has been in the public domain for almost two years.
Oakland County Circuit Judge Cheryl Matthews put off making a decision on the controversy and instead scheduled a hearing for May 3, stating:
"On their face, the motions and responses do not allow this court to determine with any certainty whether (court rules) or this court's order have been violated without a full hearing."
She continued:
"This court has thoughtfully and painstakingly put its orders in place ensure due process to all parties. ... This court is (loath) to be deterred from that obligation."
Crumbley trials come before sorting out lawyers' dispute
If Smith is held in contempt, which means a court order has been violated, she could be sentenced up to 90 days in jail and/or ordered to pay a $7,500 fine.
But all of that is on the back burner for now as Jennifer and James Crumbley's trials take precedence. They are the first parents in America charged in a mass school shooting.
The prosecution has long argued that the Crumbleys, more than anyone else, could have prevented the massacre had they disclosed to the school that they had bought their son a gun when they were summoned to the counselor's office over his troubling behavior.
On the morning of the shooting, Ethan Crumbley had drawn a photo of a gun on his math worksheet, along with a bleeding body and the words: "The thoughts won't stop, help me."
After learning of the note, his parents went back to their jobs. Ethan Crumbley stayed in school. Two hours later, the 15-year-old emerged from a bathroom and opened fire.
The shooter pleaded guilty to all charges last year and faces a life sentence without the possibility of parole when he is sentenced next month.
The Crumbleys have long maintained they had no way of knowing their son would carry out a school shooting, and that the gun was properly stored and secured in their home.
Contact Tresa Baldas: tbaldas@freepress.com
This article originally appeared on Detroit Free Press: Jennifer Crumbley lawyer may face jail in Oxford school shooting case
