DETROIT — A preliminary exam for the parents of a teenager charged in the Nov. 30 Oxford High School shooting could be delayed next week due to legal issues being raised by attorneys over evidence, witnesses and "love you" objections.
Ethan Crumbley, 15, is charged with fatally shooting four fellow students and wounding seven other victims, including a teacher. His parents, James and Jennifer Crumbley, have both been charged with four counts of involuntary manslaughter for buying him a handgun as a Christmas gift and later allegedly failing to properly secure the weapon or advising school officials of it during a meeting the morning of the shooting.
Defense attorneys said the prosecutor's office has been slow in providing them with discovery — evidence that may be used at the exam — or to "realistically" narrow down a list of 30 potential witnesses.
"The preliminary examination is a critical stage in a criminal prosecution and it is imperative the defense be effective and pursuant to the rights guaranteed by the 6th Amendment," said the defense motion filed Wednesday by attorneys Shannon Smith and Mariell Lehman.
The attorneys asked Rochester Hills District Judge Julie Nicholson to delay the examination until attorneys have had the opportunity to review all evidence, including a potential witness list, with their clients.
Among discovery is "tens of thousands of pages of texts, social media messages, pictures"; more than 70 hours of audio and video; 3,000 pages of discovery; thousands of data points of phone calls and location data.
The motion complains in-person visits at the jail have been limited due to COVID-19 virus protocols.
In a motion filed Thursday, the office of Oakland County Prosecutor Karen McDonald responded to Nicholson that the defense has been provided all information in a timely manner including a list of 30 witnesses from over 100 who could be possibly be called, barring COVID-19 exposure.
"The defense agreed to this date knowing there was a huge amount of evidence," said David Williams, McDonald's chief assistant prosecuting attorney, in response to the motion. "Our concern is for the victims. They have already experienced terrible loss. Last minute changes in court dates cause them additional stress and anxiety.
"The Prosecutor's Office bears the burden at the preliminary examination and we are ready to proceed on February 8, 2022."
Smith acknowledged her adjournment request Thursday and said it would be argued before the scheduled exam along with a "love you" motion brought by the prosecutor earlier this week.
McDonald's office is objecting to the Crumbleys mouthing affectionate "I love you" words to each other in the court, primarily when attorneys and the judge were not present.
McDonald said families of victims have been further traumatized by the couple mouthing "I love you" to each other in the courtroom.
The Crumbleys, who are held in the Oakland County Jail in lieu of $500,000 bond, each face felony offenses which are punishable by up to 15 years in prison.
Their son, if convicted, is facing up to life in prison for his alleged crimes.
