Judge expresses ‘great concern’ of misunderstanding for parents of alleged Oxford High School shooter

Expressing “great concern” over a misunderstanding, a judge on Tuesday said she had appointed an independent lawyer for the parents of alleged Michigan school shooter Ethan Crumbley to explain potential conflicts of interest that the couple could encounter by using lawyers from share the same law firm.

Jennifer and James Crumbley are both charged with multiple counts of involuntary murder, which took place on Nov. 30.

During a brief hearing Tuesday morning, Judge Cheryl Matthews told Crumbleys that she appointed each of them a lawyer to advise them, not necessarily to replace their current lawyers.

“Joint representation of co-defendants who have been prosecuted in criminal matters by attorneys of the same law firm is unusual,” Matthews told the couple. “There is great concern that there may be a conflict of interest, as incompatibility positions can arise at any time.”

The issue was first raised by prosecutors who filed a motion arguing that if convicted, the Crumbleys could seek an appeal based on a conflict of interest from the representation of one of their attorneys.

Matthews delayed a hearing on the motion and instead asked the Crumbleys to meet with court-appointed attorneys to advise them on potential conflicts of interest.

Matthews told the couple that they were trying to protect their rights and avoid the possibility of a misunderstanding due to a conflict, adding that if that happened, “we would be back to the point.”

“I try to avoid implying your rights in a negative way,” Matthews told the couple. “I also try in this case to avoid creating, re-creating or returning.”

She is scheduled for the next court hearing for April 5 and told the Crumbleys that she will ask them for written waivers if they decide to keep their attorneys.

Jennifer Crumbley will be represented by Shannon Smith, who did not attend Tuesday’s hearing due to illness. James Crumbley’s lawyer is Mariell Lehman. Both are partners in the Smith Lehman Company in Bloomfield Hills, Mich.

The parents were all charged in December with four counts of involuntary murder. Her son, 15-year-old Ethan Crumbley, allegedly used a semi-automatic pistol that his parents bought for him in the shooting, which killed four students and injured seven.

The Crumbleys pleaded not guilty to the charges.

“They had stopped it and they had every reason to know he was dangerous,” Oakland County Prosecutor Karen McDonald said at the couple’s conviction in December.

Ethan Crumbley was with his father when James Crumbley purchased the 9-mm Sig Sauer pistol on November 26, 2021, prosecutors say. The teenager posted photos of the gun on social media, writing, “Just got my new beauty today,” the prosecutor said. Jennifer Crumbley also posted online about the test of the gun with her son, according to prosecutors.