Judge Appoints Crumbley Parents Assigned Independent Attorneys

ROCHESTER HILLS, MI — An Oakland County Judge appointed Jennifer and James Crumbley an independent counsel on Tuesday, a move aimed at avoiding a potential mistrial.

Oakland County Circuit Judge Cheryl Matthews assigned each parent an independent lawyer out of concern a conflict of interest could happen, since the couple is using two lawyers from the same law firm.

Prosecutors warned the couple, if convicted, may seek an appeal, claiming lawyers from the same law firm represented a conflict of interest. While there doesn't appear to be a conflict now, prosecutors said things can change during trial, especially if one parent decides to cooperate in the case against their spouse.

Matthews shared their concerns by not only appointing an intendant counsel, but also ordering the couple to sign a waiver before each hearing, acknowledging the risk and waive any conflict of interest. She also said defendants using joint representation in criminal matters from the same law firm is uncommon.

"There is great concern that there may be a conflict of interest," Matthews said in court. "I'm concerned that at some point — today, tomorrow, next week, a month from now, four months from now — that something could happen to cause a conflict that could damage your position, Mr. Crumbley, or your position, Mrs. Crumbley. And I have an obligation to protect your rights."

Jennifer and James Crumbley's defense team is tasked with disproving accusations by prosecutors that the couple ignored warning signs from their son leading up to the deadly Oxford school shooting.

Although each couple's defense lawyer has the same goal, different evidence played out during the trial could have different implications for each parent, since they were each charged separately with four counts of involuntary manslaughter in connection to the deadly shooting.

In other words, each parent's actions could be used against the other during trial, damaging their case, and possibly leading to one claiming they didn't have a competent lawyer or there was a conflict of interest because both attorneys were from the same law firm.

"I'm concerned, as we sit here now, there could be a myriad of things that are incompatible," Matthews said in court. "If there’s a mistrial because of a conflict that arises at trial, we go back to square one, and I want to avoid that."

The independent lawyers assigned to each Jennifer and James Crumbley will not replace their current lawyers, nor will they have to report to the judge. The independent lawyers' only job is to inform each parent of potential conflicts of interest that could damage their own case.

Matthews ordered each parent to meet with the independent lawyers over the next two weeks.

"I would urge you to listen to them as this is very stressful for everyone involved," Matthews told the Crumbleys in court. "I'm trying to avoid your rights being implicated in a negative way. But I’m always trying to avoid having to re-create or go backwards."