Jennifer Crumbley (MDOC)
OXFORD, Mich. (FOX 2) - Jennifer Crumbley, the mother of the teen who killed four classmates at Oxford High School three years ago, wants her conviction overturned.
Jennifer and her husband, James Crumbley, were both convicted of four counts of involuntary manslaughter and sentenced to 10-15 years in prison for their role in the Nov. 30, 2021 school shooting.
In an appeal filed Monday, Jennifer's attorney Michael Dezsi said that her trial was "riddled with legal errors."
Dezsi argued that evidence was withheld from the trial, including information that two key witnesses who worked at the school entered into cooperation agreements to testify against Jennifer. According to Dezski, these agreements were not disclosed.
According to the filing, the agreements should have been shared with the jury because the employees - Nick Ejak and Shawn Hopkins - interacted with the shooter the day of the crime, and had the chance to search his backpack before the shooting, but did not.
"These findings merely demonstrate why Hopkins and Ejak were given Proffer Agreements in the first place, because they had obvious criminal exposure," Dezsi wrote. "To the extent that these witnesses testified so as to shift blame away from themselves and onto the parents, the jury should have been made aware of those Proffer Agreements so that they could more accurately and fully assess their credibility."
In the court filing, Dezsi wrote that the prosecution argued that Jennifer did not control her minor child. However, he noted that her child was convicted and sentenced as an adult.
"These theories are both factually inconsistent and mutually exclusive amounting to a violation of Mrs. Crumbley’s due process rights under both federal and state law," he wrote.
Dezsi also argued that the jury was told that they could convict Jennifer even if their verdict was not unanimous.
"There’s a reason why no parent in America has ever been held responsible for the criminal acts of their child in relation to a school shooting. It is because Mrs. Crumbley committed no crime," Dezsi said in a press release. "This case should be concerning for parents everywhere."
The Oakland County Prosecutor's Office responded to the filing. Prosecutor Karen McDonald first addressed the statement about parents being concerned:
"Parents everywhere are worried. But they are not worried about being prosecuted, they are worried about their kids being shot at school. James and Jennifer Crumbley are the rare, grossly negligent exception, and twenty-four jurors unanimously agreed that they are responsible for the deaths of Hana, Madisyn, Tate, and Justin. Holding them accountable for their role is one important step in making our schools safer."
She then went on to address the Proffer Agreement allegation:
"No witnesses were given anything for their testimony, and there was no immunity – these witnesses testified without any promises or protection whatsoever. The Michigan Court of Appeals has already reviewed the legal issues raised by Jennifer Crumbley and rejected them. Where there are egregious facts like these – where two parents ignored the obvious signs that their son was in crisis, bought him a gun and failed to secure it, and then failed to disclose the existence of the gun or take their son home when he drew out his plans, including writing "blood everywhere" with a picture of a gun and a body with bleeding bullet wounds, they can and should be prosecuted."
What happens next
Oakland County Judge Kwame Rowe will make a decision on the request.
As of now, no hearings are scheduled regarding the case.
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