Prosecutor in Oxford case: Jennifer, James Crumbley need to stop romantic courtroom talk

Enough with the mushiness.

The prosecution in the Oxford High School shooting case has asked a judge to put an end to what it describes as "inappropriate" and "disrespectful" communication in court between James and Jennifer Crumbley, the parents of the teenage shooting suspect.

In a court filing Wednesday, the prosecution expressed frustration with the Crumbleys' behavior, including the two allegedly mouthing "I love you" to each other during hearings.

An Oakland County sheriff's deputy instructs Jennifer Crumbley to put her mask back up. The parents of accused Oxford High School gunman Ethan Crumbley, Jennifer and James Crumbley are in the 52-3 District Courtroom of Judge Julie Nicholson in Rochester on Dec. 14, 2021, for a probable cause conference in their cases after being charged with involuntary manslaughter.
The Crumbleys are represented by attorneys Shannon Smith and Mariell Lehman.

"These communications ... not only disparage the integrity of the judicial proceedings as a serious distraction, but are also traumatic for the families of the deceased victims," Oakland County Assistant Prosecutor Markeisha Washington wrote in her filing. "Their communication is far more distracting and offensive than a cell phone going off, which the court would not condone."

The Crumbleys are facing involuntary manslaughter charges for allegedly buying their son the gun that police say was used in the shooting, and failing to secure it. Ethan Crumbley, 15, is facing terrorism and first-degree murder charges for allegedly shooting up his school — killing four students and injuring six other students and a teacher.

The prosecution said it has been contacted by family members of the victims, asking why the parents are allowed to communicate in court.

“Mr. & Mrs. Crumbley’s conduct in court makes a mockery of the crimes they are accused of committing. The courtroom is not a place for blowing kisses and sending secret signals. This is a time for families to pursue justice," Chief Assistant Prosecutor David Williams said in a statement Wednesday.

According to court records, the following incidents are what the victims' families are upset about:

The mother of accused Oxford High School gunman Ethan Crumbley, Jennifer Crumbley is in the 52-3 District Courtroom of Judge Julie Nicholson in Rochester on Dec. 14, 2021, for a probable cause conference in their cases after being charged with involuntary manslaughter. The Crumbleys are represented by attorneys Shannon Smith and Mariell Lehman.
The mother of accused Oxford High School gunman Ethan Crumbley, Jennifer Crumbley is in the 52-3 District Courtroom of Judge Julie Nicholson in Rochester on Dec. 14, 2021, for a probable cause conference in their cases after being charged with involuntary manslaughter. The Crumbleys are represented by attorneys Shannon Smith and Mariell Lehman.
  • During one hearing in December, James Crumbley "with his mask partially pulled down, mouthed what appeared to be "I love you" to his wife.

  • When that same hearing ended, McDonald said, Jennifer Crumbley left the courtroom, which led to "additional nonverbal communication" between the couple.

  • During a Jan. 7 court hearing by Zoom, when a breakout session with the attorneys and the judge was held, the Crumbleys "remained on screen during this breakout session and ... Jennifer Crumbley signaled and mouthed to (her husband) what appeared to be 'I love you,' waved at him, and continued to signal and mouth words to him."

The prosecutor argues in her court filing that judges can restrict defendants from having contact with others by imposing conditions, so long as the judge determines the conditions "are reasonably necessary to maintain the integrity of the judicial proceedings." She wants the judge to prohibit the Crumbleys from having any physical, verbal or nonverbal contact with each other while in court.

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Attorneys for James and Jennifer Crumbley were not readily available, though the prosecution stated in court documents that the defense has "expressed a willingness" to instruct their clients to refrain from "this type of communication."

The Crumbleys are being held on a $500,000 bond each. Prosecutors have alleged that the Crumbleys knew that their son was depressed and heading down a dangerous and violent path, but they ignored his "troubling" texts and other red flags, paid attention to their own lives instead and bought him a gun when he needed help.

Jennifer Crumbley looks on from left as her husband James Crumbley appears to sign something to her, as the prosecuting attorneys and their defense attorneys went to a private video chat with Judge Nicholson as they challenged their bond. Jennifer Crumbley and James Crumbley are the parents of Ethan Crumbley, the teen accused of the fatal Oxford School Shooting. The couple is asking for a lower bond on Jan. 7, 2022, in the 52-3 courtroom but Judge Nicholson in Rochester Hills denied their request.

The Crumbleys have denied the allegations, saying they properly stored the gun in their home, had no way of knowing that their son would use it in a school shooting, and that they are not responsible for the shooting.

All three Crumbleys have pleaded not guilty and are being held at the Oakland County Jail.

Contact Tresa Baldas: tbaldas@freepress.com

This article originally appeared on Detroit Free Press: Prosecutor in Oxford case: Crumbley parents need to cut courtroom talk