PONTIAC, Mich. — Oakland County Prosecutor Karen McDonald challenged allegations of inappropriate pretrial publicity in the manslaughter case of the parents of the accused Oxford High shooting suspect and said she would not object to a media gag order for both sides.
McDonald’s office was reacting to an emergency motion filed this week by defense attorneys for James and Jennifer Crumbley, parents of accused shooter Ethan Crumbley, who accused her of inappropriate and unethical pretrial comments. McDonald's office replied Wednesday that the same attorneys raised the same issue to Judge Cheryl Matthews in May 18 filings, to which McDonald responded last week.
McDonald described it as “an attempt to circumvent Court Rules.”
“Defendants ‘emergency supplemental motion’ is merely a restatement of arguments made ... to restrict pretrial publicity,” McDonald wrote in Wednesday’s filing. “ ... Rather than an emergency, defendants’ motion is simply an attempt to file a reply brief — which the Court Rules prohibit without permission from the court.”
Ethan Crumbley, 16, is charged with slaying four students and wounding six others and a teacher in the Nov. 30 shooting at Oxford High School.
His parents have been charged with involuntary manslaughter in the four deaths for gross negligence including purchasing a handgun for their son, not securing the weapon, not removing him from the school when notified of disturbing behavior and not advising school officials of the handgun.
Defense attorneys Shannon Smith and Mariell Lehman have asked that McDonald be sanctioned for statements made in filings and to news media which they argue will taint the prospective jury pool and interfere with their clients' right to a fair trial.
They have also asked that McDonald, her office and law enforcement be ordered not to make any further statements that they have the “truth” in the case concerning their clients, or evidence and inferred defense attorneys have been lying with their own statements.
Matthews is to take up defense motions at a hearing on June 27.
“... The People have the right to make responsive arguments in pleadings and in open court and to communicate with the victims,” McDonald wrote, adding “ ... the People have no objection to an order mutually prohibiting both the defense and the People from making public statements directly to the press while trial remains pending but such an order cannot infringe on the People’s ability to zealously advocate their position to confer with the victims.”
The Crumbleys remain jailed pending an Oct. 24 trial date. If convicted, they face up to 15 years in prison.
Ethan Crumbley’s trial is schedule for Sept. 6. The teenager, who remains in isolation in the Oakland County Jail, faces up to life in prison.
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