Crime & Safety

Judge Issues Gag Order In Crumbley's Case, Blocks Certain Evidence From Trial

Judge Cheryl Matthews said Oakland County's population is large and diverse enough to enough to guard against any pretrial publicity.

Defense attorneys argued that media coverage and public statements made it impossible for the couple to receive a fair trial in Oakland County, but Judge Cheryl Matthews disagreed, arguing "Oakland County is not a small community."
Defense attorneys argued that media coverage and public statements made it impossible for the couple to receive a fair trial in Oakland County, but Judge Cheryl Matthews disagreed, arguing "Oakland County is not a small community." (Jose Juarez/Detroit News/AP)

ROCHESTER HILLS, MI — An Oakland County judge issued a gag order and denied a motion from Jennifer and James Crumbley to move their trial outside of Oakland County during the couple's court hearing Monday morning.

Defense attorneys argued that media coverage and public statements made it impossible for the couple to receive a fair trial in Oakland County, but Judge Cheryl Matthews disagreed, arguing "Oakland County is not a small community."

Under the gag order, neither prosecutors nor the defense will be allowed to discuss the case with the media or on the internet. Instead, any statements regarding the case will only be made within the court.

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Prosecutors argued they have a right to correct any misinformation, but Matthews disagreed, arguing "it's not a duty of the prosecutor to police the Internet. It's your job to give the defendants a fair trial."

Matthews also denied a request from defense attorneys to block the Ethan Crumbley's journal, arguing some passages may be relevant in prosecutors argument claiming the couple was ignoring disturbing warning signs from their son leading up to the deadly shooting.

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"My parents won't listen to me, I have zero help with my mental problems, and it's causing me to shoot up the school," prosecutors said Ethan wrote in his journal. "My parents won't get me help or a therapist."

However, Matthews agreed with the defense to block other evidence prosecutors sought to use during trial, such as the couple's messy house, extramarital affairs and horseback riding hobbies.

The defense specifically said the couple's alleged affairs, pot smoking, drinking habits, horse hobby and messy house should not be presented as evidence during the trial because it's irrelevant to the case. Matthews agreed.

Jennifer and James Crumbley were each charged with four counts of involuntary manslaughter in connection to the deadly Oxford school shooting, which authorities accused the couple's 16-year-old of carrying out.

Ethan Crumbley, 16, was charged with 24 counts, including four counts of premeditated murder and terrorism after authorities said he opened fire inside Oxford High School on Nov. 30, killing four students and wounding seven other people.

The couple's trial was expected to start in October 2021, but the defense questioned the start date because they're seeking to use Ethan Crumbley as a witness during the couple's trial.

The idea raised several questions from Matthews and prosecutors, because Matthews said the couple's son cannot plead the Fifth Amendment. Defense attorneys acknowledge that and said they understand there's certain questions they know they cannot ask him.

Ethan Crumbley’s trial date was rescheduled for Jan. 17, 2023, after it was initially expected to take place in September this year.

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