Attorneys for parents of accused Oxford shooter want trial moved out of Oakland Co.

Pontiac — Attorneys for the parents of the accused Oxford High School shooter are seeking a change of venue, or to have jurors brought in from outside Oakland County, claiming the couple won't get a fair trial.

James and Jennifer Crumbley are charged with involuntary manslaughter in the deaths of four students who were fatally shot on Nov. 30.  Their son, Ethan, 15, allegedly took a handgun to school and opened fire, wounding seven others, including a teacher. He faces four counts of first-degree premeditated murder and 20 other felonies. .

Attorneys Shannon Smith and Mariell Lehman said in their filing that Crumbley “committed a mass shooting” at the school but his parents “are receiving far worse treatment in the court of public opinion than the actual shooter.” 

“… More people are interested in the parents’ case than EC’s case despite the fact that EC solely and deliberately planned and committed premeditated murder on November 30, 2021,” they said in a motion for a change of venue to Judge Cheryl Matthews.

The attorneys claim that Oakland County Prosecutor Karen McDonald has “exacerbated the negative pretrial publicity by failing to comply with the Michigan Rules of Professional Conduct” for attorneys, including making improper media statements about the case and their clients.

The change of venue argument is expected to be included at 10 a.m. June 27 when other defense motions to have evidence barred from trial will be heard.

The Crumbleys’ trial is set for Oct. 24. The parents were charged,McDonald said, for giving their son access to a weapon and ignoring his mental health issues. The charges carry up to 15 years in prison.

Ethan Crumbley's trial is scheduled to begin Sept, 6.

"From the moment I learned about the Oxford shooting, my focus and attention has been on holding those responsible accountable, and on advocating for our victims," McDonald said in a statement Tuesday. "It is important for my office to be a transparent, reliable source of information to the public. My office will not be distracted by motions that are legally and factually deficient, and we will be filing appropriate written responses with the court.

“Our trial team has never and will never mislead the court or the public.We intend to prove the allegations we’ve made against the Crumbleys beyond a reasonable doubt at trial."

Venue changes are rare. Oakland County has had several high-profile cases that prompted unusual measures to seat a jury. Jury selection for Nathaniel Abraham, an 11-year-old convicted in a fatal shooting in 1999, took place in the County Commissioners Auditorium to accommodate all the prospective jurors needed.

Assisted suicide cases in the 1990s involving Dr. Jack Kevorkian received international attention. He was tried four times for assisting suicides between May 1994 and June 1997, and was acquitted three times; a fourth trial ended in a mistrial.

In 1999, 12 men and women were picked for a trial involving the death of a man with Lou Gehrig’s disease and convicted Kevorkian of second-degree murder.

Attorneys and judges remind prospective jurors during the selection process that the question is not whether they have heard of the case they may decide, but whether they are capable and willing to set aside what they've heard or read, and listen to the evidence presented in the courtroom to render a fair and impartial verdict.

mmartindale@detroitnews.com

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