What evidence could be used against Ethan Crumbley?
SOUTHFIELD, Mich. (FOX 2) - As the case against accused Oxford High School shooter Ethan Crumbley moves through the court system, we've gotten the first look at the evidence the state plans to use against the teenager.
Last week, Ethan's defense team submitted an insanity defense, claiming the 15-year-old was at a limited mental capacity at the time of the offense.
The case is still working through the court system but FOX 2 has obtained a list of what evidence will be utilized. It ranges in dates from before and after the shooting and includes texts between Ethan and his mother, Jennifer. There are also crime scene photos and clothes from the victims - all of which could be introduced in court in the case against Ethan.
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All told, there are 128 gigabytes of data, including photos and documents sent from the Oakland County Prosecutor Karen McDonald to Ethan's attorneys.
There are phone records, photos from inside the bathroom where one student was murdered, emails between school officials regarding his behavior before the shooting, and interviews by police.
Todd Perkins is a defense attorney and is not affiliated with the case. He has practiced criminal law for decades and says the amount of evidence is a tall order for Ethan's attorneys, Paulette Loftin and Amy Hopp.
"What they're painting a picture of what this kid ate for breakfast all the way until after his arrest," Perkins said. "They are going to need a team of individuals to review this discovery, digest it, at least to give it a once over on everything."
Perkins said the insanity defense - which is dependent on Ethan's psychiatric evaluation - may be the only way to fight the mountain of evidence.
"I don't believe that there is any question that Mr. Crumbley discharged the firearm that led to the circumstances that we are left to deal with today. I don't think there is any question about that. The real question is why," Perkins said.
Ultimately, he believes it will come down to a battle of the experts and it will be up to the defense to prove Ethan was mentally ill through testimony.
"You always want to prepare in case - even if it’s going to be resolved with a plea, you want to prepare for it like its going to go to trial," Perkins said.
The Oxford High School shooting
Ethan Crumbley's alleged rampage began in the early afternoon of Nov. 30, shortly following a meeting between himself, his parents, and a school counselor that had received a report of disturbing drawings made by the teenager.
The suspected firearm that Ethan used in the shooting had been purchased as part of Black Friday sale days before Nov. 30. According to Prosecutor Karen McDonald, the firearm - a semiautomatic 9-millimeter Sig Sauer handgun - James Crumbley had bought the gun on Nov. 26.
A store employee confirmed with the prosecution that Ethan was present at the time of the purchase.
Prior to that purchase, a teacher at Oxford High School had alerted the district that she saw Ethan searching for ammunition on his cell phone. On the day of the shooting, a separate teacher came across a note on Ethan's desk with a drawing of a semi-automatic handgun pointing at the words "the thoughts won't stop, help me."
In another part of the note, the words above a bullet read "blood everywhere."
In the weeks that followed, McDonald would release more evidence of Ethan's drawings. They offer a window into the shooter's mental state at the time.
MORE: 'Ethan don't do it': Parents of Oxford High School suspect sent messages during shooting
Following the discovery of the drawings, school administrators met with Ethan and his parents. Both declined to take their son home and were encouraged to seek medical treatment for him immediately.
A few short hours later, Ethan is allegedly walked out of a bathroom and started shooting.
Ethan Crumbley charged
Ethan was charged an adult on Dec. 1. He was arraigned on 24 counts, including first-degree murder, assault with intent to murder, terrorism, and possession of a firearm.
His attorney entered a not guilty plea during his arraignment.
MORE: Prosecutor 'doesn't have words' after watching Oxford High School video
While the murder charges track with similar cases of mass shooters, the count alleging terrorism is a novel approach made possible by a law enacted after 9/11.
The state’s 2002 anti-terrorism law defines a terroristic act as one intended to intimidate or coerce a civilian population or to affect the conduct of a government through intimidation or coercion.
McDonald admitted that it wasn't a "typical charge" for the crime. But "what about all the children who ran, screaming, hiding under desks? What about all the children at home right now, who can’t eat and can’t sleep and can’t imagine a world where they could ever step foot back in that school? Those are victims, too, and so are their families and so is the community. The charge of terrorism reflects that."
The Oakland County Sheriff supported the charge "100%."
Ethan was ordered to be held without bond.
He was also assigned his own defense counsel: Paulette Michel Loftin.
Probable cause conference delayed
Both the prosecution and the defense requested more time to review evidence during Ethan's first court appearance since his arraignment.
A judge delayed the conference until Jan. 7, citing both the holidays and the totality of evidence that still needed to be reviewed at the time.
During the hearing, assistant prosecutor Marc Keast stated that the Oakland County Prosecutor's Office had turned over more than 500 items of discovery to the defense but also received a flash drive from the sheriff containing 340 more videos and interviews on Monday alone.
Discovery is the evidence and information that the prosecution has gathered in the case and is obligated to turn over to the defense. Both attorneys must have access to the same material before probable cause and preliminary hearings can move forward in court.
Attorney Deborah McKelvy was assigned Ethan's ad litem - which is someone independent of a defendant's legal interest and only focuses on Ethan. She requested that the defendant be moved to Children's Village in Pontiac as he could reportedly hear other inmates in the Oakland County jail.
A judge declined to move Ethan but did request his confinement meet the statutory guidelines while in the facility.
Ethan Crumbley waives preliminary hearing
On Jan. 7, Crumbley was in court for a probable cause conference where he waived his right to a preliminary hearing. By doing so, that sent the case directly to circuit court.
Last week, Crumbley was arraigned in circuit court on the murder and terrorism charges and a not guilty plea was entered on his behalf.