Prosecution to Crumbleys: You can’t censor us. We have a duty to the victims – Yahoo News
Jennifer Crumbley, sat to the left of attorney Mariell Lehman as her husband, James Crumbley sat to the right in the Oakland County courtroom of Judge Cheryl Matthews on March 22, 2022, regarding pretrial matters.
The Oakland County Prosecutor's Office has asked a judge to deny Jennifer and JamesCrumbley's emergency request to silence and sanction them, arguing the couple is "merely" rehashing old arguments thatwarrant no urgent action.
"There is no emergency," the prosecution wrote of the Crumbleys' latest effort to stop prosecutors from makingpublic statements about their case and the evidence against them.
Lawyers for theCrumbleys, the parents of the Oxford school shooting suspect Ethan Crumbley, filed an emergency motion Tuesday morningaskinga judge to sanction Oakland County Prosecutor Karen McDonaldfor allegedly bad-mouthing them, calling them liars and disclosing details about their case that they fear could taint the jury pool.
Late Tuesday, the Prosecutor's Office asked the judge to reject the Crumbleys' motion in its entirety, but without mentioning the"sanctions" requestin their reply brief.
TheProsecutor's Office did, however, agree to one of the Crumbleys' requests involving pretrial publicity, stating it would not object to an order prohibiting both sides from making public statements to the news media pending the outcome of the case.
Butsuch an order would have to be narrowly tailored so that it doesn't "infringe" on its abilityto "zealously advocate their position or to confer with the victims," the prosecution argues.
"The people have every right to make responsive arguments to this court and vigorously advance their position," Oakland County AssistantProsecutor Marc Keast wrote in the filing.
At issue for the defense are comments that McDonald and her associates have made both publicly and in court documents, such as one recent filing in which prosecutors wrote: "The truth will not set (the Crumbleys) free."
Oakland County Assistant Prosecutor Marc Keast, left, sits next to Oakland County Prosecutor Karen McDonald as Jennifer Crumbley, sat to the left of attorney Mariell Lehman and James Crumbley in the Oakland County courtroom of Judge Cheryl Matthews on March 22, 2022, regarding pretrial matters.
More:Experts: Are the Crumbleys criminals, or just bad parents? Tough case to prove
More:Prosecutor: Oxford school shooting suspect texted mom about 'demons' in the house
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"Continuously touting that they are the ones bringing the public and the victims
the 'truth,' they imply the defense is lying," defense attorneys Shannon Smith and Mariell Lehman wrote in Tuesday's emergency motion.
But prosecutors objectto the defense's efforts to censor their court filings and courtroom comments.
"(The prosecution has a) duty to confer with the victims, notifythem of the progress of the case, and to correct misinformationdisseminated in the public arenaregardless of the source," the Prosecutor's Office argues in court documents. "There are many times that information is discussedinaccurately by various individuals in the media and online, and the people must retain the ability to communicate to the victims regarding misinformation being repeated."
The Crumbleys are charged with involuntary manslaughter for allegedly buying their son the gun that police say he used in the Nov. 30 massacre that killed four students and injured six students and a teacher. Prosecutors say the couple ignored signs that their son was "emotionally troubled" and spiraling out of control, and instead of getting him help, they bought him a gun.
The Crumbleys have pleaded not guilty, arguing they had no way of knowing that their son would carry out a school shooting, and that thegun was locked and hidden in a secure place.
The Crumbleys also have asked for a change of venue, arguing they cannot get a fair trial in Oakland County due to the intense media coverage, and the pain endured by the local community.
Oakland County Prosecutor Karen McDonald speaks Dec. 3 in Pontiac.
A hearing will be held to discuss that request, and others.
Ethan Crumbley, who was 15 at the time of the shooting, is charged with first-degree murder and terrorism. He and his parents are being held in the Oakland County Jail, though are prohibited from communicating with one another.
Ethan Crumbley has a pretrial hearing Thursday morning, though he will appear virtually from jail due to COVID-19 concerns.
Contact Tresa Baldas: tbaldas@freepress.com
This article originally appeared on Detroit Free Press: Prosecutor in Oxford case fights Crumbleys' efforts to silence them
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Prosecution to Crumbleys: You can't censor us. We have a duty to the victims - Yahoo News
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