Crumbleys in court on Tuesday
Crumbleys in court Tuesday
An Oakland County judge Tuesday expressed concern about a possible conflict of interest two law partners have representing both James and Jennifer Crumbley, parents of the Oxford High shooter.
During previous hearings in Rochester District Court, attorney Shannon Smith represented Jennifer Crumbley and law partner Mariell Lehman defended James Crumbley. Smith, who is ill, wasn't in court Tuesday.
Each parent faces four involuntary manslaughter charges in November's shooting at Oxford High School involving their 15-year-old son. The county prosecutor argues that the Crumbleys knew their son had emotional problems, yet gave him a handgun, took him to a practice range and didn't store the weapon securely.
In a pretrial hearing, Oakland Circuit Judge Cheryl Matthews appointed separate lawyers to talk to each parent and explain and answer questions about a possible conflict of interest that could potentially result in a mistrial or a compromised defense. A decision is up to the couple, she told them.
Judge Cheryl Matthews
"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 and I'm concerned as we sit here right now that there there could be a myriad of things that are incompatible."
The independent lawyers are "going to talk to you about a potential conflict of interest and what would be your best interest," she said, "so I would urge you to listen to them and ask them any questions you might have because obviously this is very stressful for everyone."
Criminal defense attorney Steve Fishman, who is not involved in the case, commented on the possible conflict last month on Deadline TV's "The Week That Was." He says: "There's not a judge who takes his or her job seriously that would allow it."
Law partners might be reluctant to battle one another even if their defenses conflict, Fishman noted. During the preliminary hearing in Rochester Hills, there were signs that the parents' legal strategies might differ in some ways.
Both defendants are in the Oakland County Jail in lieu of $500,000 bond each.
The appointed attorneys will meet with the Crumbleys in the next two weeks.
The county prosecutror's office had asked Judge Matthews to advise the pair that their current representation is risky, The Detroit News reports:
"The purpose of the motion is to make sure these defendants understand that, once convicted, they will not be entitled to a 'do-over' when they later decide that they should have had separate counsel," chief assistant prosecuting attorney David W. Williams said in a statement.
"Our goal is justice for the victims, and if these defendants decide to proceed with joint representation, that should not come at the expense of the taxpayers, the court, the prosecution, and most of all, it must not come at the expense of the victims."
Watch hearing:
