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Oakland County judge largely denies Jennifer Crumbley's request for new trial

Oakland County judge largely denies Jennifer Crumbley's request for new trial
Oakland County judge largely denies Jennifer Crumbley's request for new trial 02:51

(CBS DETROIT) - An Oakland County Circuit Court judge on Thursday largely denied a motion to grant a new trial or dismiss the case against Jennifer Crumbley, the mother of the Oxford High School shooter.

On Friday, Judge Cheryl Matthews heard arguments from Crumbley's lawyer and Oakland County prosecutors on whether Crumbley could have an acquittal or a new trial based on her attorney's claims that prosecutors conducted secret deals with two key witnesses. However, Matthews denied claims that only school officials were negligent in preventing the Nov. 30, 2021, deadly shooting and that Crumbley was not given a fair trial. 

The Oakland County Prosecutor's Office has acknowledged that the two witnesses had two proffer agreements but denied that they were promised immunity, leniency, or favoritism for testifying.

"The agreement specifically says that they may be prosecuted and that there are no promises made. The only purpose of the agreement is to allow the witness to have an initial meeting with the prosecution without fear that their statements in that meeting will be used to criminally charge them. Both witnesses subsequently testified under oath without any promises or protection, and they were given nothing for their testimony," Chief Assistant Prosecutor David Williams said in a statement last year.

Matthews did not make on decision on Crumbley's request Friday. 

Crumbley and her husband, James Crumbley, were separately convicted last year of four counts of involuntary manslaughter in connection with the shooting that killed Madisyn Baldwin, Justin Shilling, Tate Myre and Hana St. Juliana. Six other students and a teacher were injured.

Their son, Ethan Crumbley, was sentenced to life in prison for multiple charges, including murder and terrorism.

The prosecution argues that the parents should be held partially responsible for the deaths of the four students because they ignored signs of their son's mental health needs and purchased the gun that was used in the shooting.

Attorney Michael Deszi, who was appointed to Jennifer Crumbley for her appeal, argued that his client did not owe a "legal duty" to the victims because the teen was under the supervision of school officials. But Matthews concluded on Thursday that although Crumbley was not present at the time of the shooting, she still had the legal duty as a parent.

"The defendant's duty was not displaced or suspended. She was not completely absolved of any duty," Matthews wrote. "Her duty existed in addition to school officials, especially when she was privy to a myriad of pertinent facts unknown to the school officials. Additionally, she could have removed the shooter from school and exercised control and supervision over him, but she chose not to, and that fact is important in considering whether she disregarded her duty."

Deszi also argued that Crumbley's right to due process was violated because the shooter was charged as an adult and treated as a minor in his parents' cases. But Matthews concluded that the law allows for the shooter, who was 15 at the time, to be charged as an adult given the severity of the situation.

"The prosecution had the statutory authority to charge the shooter as an adult so that he would be sentenced as an adult, while also possessing concurrent common law authority to charge the defendant with involuntary manslaughter under a theory that she failed to control her minor child with her action and inactions," Matthews wrote.

In addition to filing a motion for dismissal, Deszi also filed a motion seeking Jennifer Crumbley's release from prison pending the outcome of the appeal. He accused prosecutors of spending thousands of dollars on a "smear campaign," including hiring two public relations firms. He also alleged that despite a gag order, prosecutors allowed a Washington Post reporter to have behind-the-scenes access and had an agreement with ABC Studios to produce a documentary that aired on ABC and Hulu. 

The documentary aired days after the Crumbleys' sentencing.

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