Jennifer Crumbley wants 'gruesome' testimony from three witnesses banned from her trial because it could prejudice jury

(WWJ) – Jennifer Crumbley, the mother of convicted Oxford High School shooter Ethan Crumbley, is seeking to block multiple witnesses from testifying during her trial, set to begin later this month.

In a court filing Tuesday, Crumbley's attorney Shannon Smith asked Judge Cheryl Matthews to exclude testimony from a teacher who was shot, an assistant principal who rendered aid to a dying student and a teen who witnessed the execution of a fellow student.

Crumbley and her husband James are charged with four counts each of involuntary manslaughter in connection with the Nov. 30, 2021 shooting that claimed the lives of Madisyn Baldwin, Tate Myre, Justin Shilling and Hana St. Juliana.

Set to begin separate trials on Jan. 23, the Crumbleys are the first parents in American history to be tried in connection with a school shooting. Late last year their son was sentenced to life in prison without the possibility of parole.

The defense team argues in Tuesday's filing that the details of what happened inside the school that day are "irrelevant" to the allegations against the parents and the "gruesome" testimony could unfairly prejudice the jury.

"There are no way words can embrace the impact the shooter has had on the victims and families of the victims, and the factual evidence is so devastating, gruesome, and appalling that its admission would certainly inflame the passions of a jury," the filing said.

Prosecutors allege the Crumbley parents ignored warning signs that their son could potentially carry out violent acts and instead of getting him psychological help, they bought him a gun shortly before the school shooting. The prosecution also claims the parents failed to tell school administrators about the gun during a meeting at the school about his behavior the morning of the shooting.

Tuesday's filing cited testimony given by the three potential witnesses during the shooter's Miller hearing last year, including teacher Molly Darnell's story of being shot as she tried to lock her office and assistant principal Kristy Gibson Marshall's recounting of giving mouth-to-mouth to Myre after he'd been shot.

The filing also cites the minor's horrifying testimony of escaping the shooter in the bathroom, moments after he shot Shilling, with whom the teen had been hiding in a stall.

"Pursuant to MRE 402, "Evidence which is not relevant is not admissible." The testimony is not relevant to the elements of involuntary manslaughter. The testimony of Ms. Darnell, Ms. Gibson-Marshall, and KG, was certainly relevant to the shooter's case. In Mrs. Crumbley's case, however, there is neither dispute about what transpired during the shooting, nor does it speak to any of the elements of the crimes charged against her," the filing says.