Oxford Shooter's Father Wants Key Evidence Blocked From Trial: Lawyer

PONTIAC, MI — Oakland County Judge Cheryl Matthews is reviewing whether certain evidence, which was crucial in the case against the Oxford school shooter's mother, should be blocked from the father's upcoming trial, according to court documents.

James Crumbley's lawyer Mariell Lehman argued Oxford shooter Ethan Crumbley's journal and text messages he sent to a friend should be banned from the upcoming trial, because the teen will not take the stand for cross-examination. The shooter did not testify at Jennifer Crumbley's trial.

During Jennifer's trial prosecutors used excerpts from Ethan's journal, including a passage that read "I have zero help for my mental health" and that it's causing me to shoot up the (expletive) school." They also used text messages, in which the shooter claimed he asked his parents won't help him with his mental health.

"As someone accused of multiple crimes, (James) Crumbley has a right to confrontation which is granted by the United States and Michigan Constitutions," Lehman wrote in a court document. "Admitting evidence, without Mr. Crumbley having the opportunity to cross-examine the writer, violates his constitutional rights to due process, confrontation, and to present a full and complete defense."

Matthews did not issue a ruling during a Wednesday morning hearing on whether the evidence can be presented at trial.

Matthews is also reviewing whether two students, who were shot and injured in the deadly Oxford school shooting should be blocked from the James Crumbley's upcoming trial.

During the hearing, prosecutors argued testimony from the students — Kylie Ossege and Riley Franz — is important because the case against James Crumbley involves a homicide and that their encounter with the shooter is different from two Oxford school officials who testified in Jennifer's trial.

Prosecutors added the students to the witness list after determining two Oxford school officials, who testified at Jennifer's trial, may not take the stand again in James' trial. No students testified at Jennifer's trial.

Prosecutors did not say which officials may not be able to testify, but Oxford High School Assistant Principal Kristy Gibson-Marshall and teacher Molly Darnell gave emotional testimony during Jennifer's trial earlier this month.

The officials may not testify again because of how traumatizing it is to take the stand in a case like this, prosecutors said.

Lehman, argued the students should be blocked from the upcoming trial because James wasn't charged with shooting or wounding anyone in the school. She argued the students' testimony are only to "enflame the emotions of the jury."

Matthews said she needed some time to review the motion before allowing the students to testify at the upcoming trial. She did, however, say the person, who originally bought the handgun that was used in the deadly shooting before seeing it back to the gun store, can testify. He can testify about the condition of the cable lock when he sold it back to the gun store and the condition of it now. He did not testify at Jennifer's trial.

James Crumbley, 47, is set to go on trial March 5 for manslaughter charges in connection with the deadly Oxford school shooting. He faces up to 15 years in prison on each charge.

Matthews is also reviewing whether the upcoming trial should be moved out of Oakland County and is certain evidence should be blocked from the trial.

Defense lawyers argued Crumbley cannot get a fair trial in the county because most of the roughly one million adult residents in Oakland County paid attention to the trial of his wife, Jennifer Crumbley, who was found guilty on the same charges.

Matthews did not issue a ruling on moving the trial out of Oakland County. She denied Jennifer Crumbley's request to move her trial out of the county. The next hearing is scheduled for Feb. 28.

Prosecutors are trying to prove James committed gross negligence leading up to the shooting. They claim the James ignored disturbing warning signs from their son leading up to the deadly shooting, and instead of getting him help, bought him a gun.

Jurors will only need to believe one of two theories to declare Crumbley guilty: That James failed to perform a legal duty in patenting, or that he knew his son was a danger to others and failed to take the ordinary care steps to avoid injuring others.

Defense lawyers maintain he had no idea what his son was planning. Moreover, defense lawyers argued James cannot be held accountable because he was not "directly involved" in the Oxford school shooting, and are not "responsible for the deaths of others."

The four students killed in the shooting were 14-year-old Hana St. Juliana, 16-year-old Tate Myre, 17-year-old Madisyn Baldwin and 17-year-old Justin Shilling.

Ethan Crumbley, who is now 17, was sentenced to life without parole last December.