Judge takes action in Crumbleys' case to avoid mistrial in Oxford school shooting case
James and Jennifer Crumbleys' decision to use lawyers from the same law firm will cost taxpayers money as two more attorneys have been assigned to the case to make sure each spouse's rights are protected.
And, perhaps more notably, to prevent a mistrial.
A judge on Tuesday assigned two independent attorneys, one for each spouse, out of concern that a conflict of interest could arise in the case down the road and trigger a mistrial.
The Crumbleys, whose son is charged in the Nov. 30 massacre at Oxford High School, are the first parents in America to be charged in a mass school shooting, allegedly carried out by their son. Each spouse has their own lawyer, but those attorneys are partners in the same law firm.
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"There is great concern that there may be a conflict of interest," Oakland County Circuit Judge Cheryl Matthews said in court. "I'm concerned that at some point — today, tomorrow, next week, a month from now, four months from now — that something could happen to cause a conflict that could damage your position, Mr. Crumbley, or your position, Mrs. Crumbley. And I have an obligation to protect your rights."
The judge continued: "I'm concerned as we sit here now, there could be a myriad of things that are incompatible."
Those incompatibilities, the judge stressed, could trigger a mistrial.
"If there’s a mistrial because of a conflict that arises at trial, we go back to square one, and I want to avoid that," Matthews said.
More: Replay: Jennifer, James Crumbley in court for pretrial hearing
More: Judge orders Ethan Crumbley to stay in jail, reveals new details about teen
Coincidentally, only one lawyer was present in court Tuesday to represent both spouses. Mariell Lehman stood in between the parents, though her client is the dad. The mom is being represented by Shannon Smith, who could not make the hearing because of illness.
During the brief session, Matthews echoed concerns first placed by the prosecutor, who asked the judge to intervene, arguing that the Crumbleys may be setting themselves up for an appeal should they get convicted.
The Crumbleys are not being charged as a couple, but as two different individuals whose actions may be used against the other. Should they be convicted, the prosecution fears, one may argue that they deserve an appeal because they didn't have an impartial lawyer — or there was a conflict of interest.
The judge understood that concern, noting that just because the couples agree to share the same law firm now doesn't mean a conflict won't occur down the road that could damage the other's case.
"I have an obligation to protect the defendant," Matthews said.
Matthews said that the independent lawyers assigned to the Crumbleys will not have to report to her nor are they replacing the couple's own, private attorneys. Their jobs will be to inform the couple of any potential conflicts that could hurt their case.
Matthews ordered the Crumbleys to meet with the independent lawyers over the next two weeks.
"I would urge you to listen to them as this is very stressful for everyone involved. I'm trying to avoid your rights being implicated in a negative way," Matthews told the Crumbleys. "But I’m always trying to avoid having to re-create or go backwards."
Matthews also ordered a written waiver that the Crumbleys will have to sign before each hearing, waiving any conflict of interest.
James and Jennifer Crumbley are facing involuntary manslaughter charges for their alleged roles in the school shooting that left four students dead, and injured six students and a teacher. Prosecutors allege the couple ignored a troubled and depressed son who was spiraling out of control, and bought him a gun instead of getting him help.
According to prosecutors, 15-year-old Ethan Crumbley used the gun that his parents bought him as an early Christmas present to shoot up his school. The teenager has pleaded not guilty and is planning an insanity defense.
The Crumbleys also have pleaded not guilty, arguing they had no idea their son would shoot up his school, that they secured the gun in their home, and that they are not responsible for the students' deaths.
The Crumbleys are all being held in the Oakland County Jail, though they are not allowed to interact. The parents are being held on $500,000 bond each; the son has no bond.
Contact Tresa Baldas: tbaldas@freepress.com
This article originally appeared on Detroit Free Press: Judge gives James, Jennifer Crumbley 2 more lawyers to avoid mistrial
