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Judge grants separate trials to Crumbleys after defense attorneys cite conflict surrounding witnesses

Posted at 6:44 PM, Nov 13, 2023
and last updated 2023-11-13 23:51:21-05

OXFORD, Mich. (WXYZ) — "I think they're both just as culpable. They both played their roles in different ways," said Andrea Jones, parent of a student who attended Oxford High School when the then 15-year-old son of James and Jennifer Crumbley killed four students and injured others.

The Crumbleys are each charged with four counts of involuntary manslaughter for the murders of Madisyn Baldwin, 17, Tate Myre, 16, Justin Shilling, 17, and Hana St. Juliana, 14.

The husband and wife are accused of making a gun accessible to their son and failing to intervene when the teen showed concerning behavior and possible signs of mental distress.

Attorneys for the husband and wife each filed a motion Monday for a separate trial, citing a conflict.

Mariell Lehman, defense attorney for James Crumbley, wrote that she "..received additional discovery, which included summaries and audio recordings of interviews of potential witnesses, on November 3, 2023. Upon review of the recently provided discovery, it is apparent that a conflict exists."

The conflict has to do with two people in Florida, according to the motion filed by Jennifer Crumbley's attorney, Shannon Smith.

According to that motion, about two weeks ago on October 31, investigators interviewed two people who will be listed as witnesses for the prosecution.

"The prosecution provided the police reports and audio recorded copies of the interviews to the defense on November 2, 2023," Smith wrote. "Upon reviewing the new discovery, severance of the defendants in this case is now necessary as the prosecution intends to call one or both of the witnesses... the court must sever the trial of defendants on related offenses on a showing that severance is necessary to avoid prejudice to substantial rights of the defendant.”

Oakland County Prosecutor Karen McDonald agreed that a conflict exists but wrote that it is "not a new issue" and that her office raised concern early on in the case.

"While the new interviews provide evidence that is damaging to both defendants and highlights the conflict, and the evidentiary issues such a conflict creates, it is not a new issue," McDonald wrote in her response to the motions filed by the defense.

McDonald agreed that there should be separate trials because evidence introduced against James or Jennifer Crumbley would be damaging to the other.

Attorney Todd Flood, who is representing a student who survived being shot, said it was clear early on in the case that there would be a conflict.

"It was predictable - That one of the defendants was going to throw the other under the bus or there would be testimony that would only apply to one of the defendants," said Flood.

James and Jennifer Crumbley used to live in Florida and he has children from prior relationships who still reside there.

Shortly after the deadly shootings on November 30, 2021, at Oxford High School, 7 Action News spoke to Michelle Cobb, the mother of one of James Crumbley's two older children who live in Florida.

"He's a piece of (expletive)," said Cobb, adding that it was Jennifer Crumbley who "ran the show."

"Jennifer was a monster. She could do no wrong and she was right about everything," Cobb said during the phone interview in December 2021.

On Monday, Oakland County Judge Cheryl Matthews granted the Crumbleys' motions for separate trials.

"We just want to see an end to this," said Oxford Parent Andrea Jones. "We need, as a community, to be able to begin to heal and we cannot do that until all of this is resolved."