(WWJ) – Prosecutors in the manslaughter trial of James and Jennifer Crumbley are asking for the judge overseeing their case to explain the dangers of joint representation, as both parents of the accused Oxford High School shooter are represented by the same law firm.
The prosecution says that opens the door for a potential conflict of interest and the possibility of an appeal.
The Crumbleys, both charged separately with four counts of involuntary manslaughter, are on trial for allegedly buying their son, Ethan, the gun that was used to claim four lives and left seven others injured in the Nov. 30 school shooting.
The prosecution has now raised concerns about the parents using the same firm because it could potentially lead to an appeal with the argument that they didn't have an impartial lawyer or there was a conflict of interest. Officials say it could jeopardize the right of each defendant to the undivided loyalty of the lawyer.
Oakland County Prosecutor Karen McDonald, in an eight-page document filed last week, has asked the judge to re-evaluate the situation. The document also asks for the judge to appoint another lawyer for the Crumbleys to advise them on joint representation.
The document is also calling for the parents to potentially be required to sign a waiver before every court hearing that would acknowledge they understand the risk and waive any potential conflict of interest.
Prosecutors say the parents have three options -- proceed with their current joint representation after signing a waiver, retain new counsel or have new counsel appointed. If they choose to move forward with current joint representation, they would have to sign a waiver before every hearing.
The parents are set to appear in court Wednesday regarding the request to re-evaluate joint prosecution.
The Crumbleys are also scheduled for a pretrial hearing on Tuesday morning. They are charged with involuntary manslaughter in the school shooting carried out by their son, which left four students – Hana St. Juliana, Tate Myre, Madisyn Baldwin and Justin Shilling – dead and six students and a teacher wounded.
Prosecutors say the parents purchased the gun that was used in the killing spree and ignored troubling signs. The Crumbleys have denied wrongdoing and that the gun was secured properly.







