The jailed mother of Michigan school shooter Ethan Crumbley has made a desperate plea for her freedom.
Jennifer Crumbley was dramatically sentenced to 15 years behind bars for involuntary manslaughter in April, along with her husband James. This was the first time parents were criminally charged over their child’s school shooting.
Her new attorney now claims it would be “extremely unfair and unjust” to keep her behind bars at the Women’s Huron Valley Correctional Facility for years while she appeals her conviction.
Attorney Michael Dezsi also wrote in a motion Thursday that she is not a threat to anyone, saying her appeal raises “a substantial question of law” that must ultimately be answered by the Michigan Supreme Court — whether parents should be prosecuted under legal theory they have a duty to protect potential victims.
He argued that no such legal duty exists for the general public – compared to a bystander being prosecuted for failing to stop a robbery or suicide in front of the train. according to the Detroit Free Press.
“There’s no reason to keep her locked up,” Dezsi said ABC News from his client. “She has not hurt anyone and is not a flight risk.
“This case is overblown, with one parent being blamed for an entire nation’s problems,” he argued about the November 2021 Oxford High School shooting.
“Keeping Ms. Crumbley in prison sets a bad example and rewards unfair prosecutions,” Dezsi continued.
A lawyer representing incarcerated mother Jennifer Crumbley (pictured at her April sentencing) has argued she should be released on bail while she appeals her conviction
“We’re not just standing up for her – we’re standing up for all Americans who may one day face situations like this,” he added.
In his filing, Dezsi argued that Crumbley should not be held responsible for her son’s actions since he was charged as an adult in the murders of Madisyn Baldwin, 17; Hana Saint Juliana, 14; Justin Shilling, 17; and Tate Myre, 16.
Seven others, including a teacher, were also injured in the mass shooting.
“(T)his case has been bungled, beginning with the prosecutor’s exaggerated charge of involuntary manslaughter of a parent for the intentional criminal acts of her son, who was charged and treated as an adult in the eyes of the law,” the wrote lawyer. in the submission.
He added that “it would be grossly unfair and unjust to keep Ms Crumbley locked up for years” while her appeal continues, noting she has already spent more than three years behind bars.
“Given the overtly weak nature of these charges, the prosecutor should not reap the reward of prolonged unlawful imprisonment before the Michigan Supreme Court can hear and decide this case,” Dezsi wrote.
He further argued that during her trial, the plaintiff intentionally entered into secret agreements with two school officials that protected them from statements they made to police in the aftermath of the Nov. 30, 2021 shooting that was used against them.
Those similarities were never disclosed to the jury or the defense, who could not question the witnesses about their motives for testifying, Dezsi alleged, arguing that school officials used their testimony to blame Jennifer in an effort to protect themselves from investigation into their own mistakes. .
Crumbley’s son, Ethan, opened fire at Oxford High School in Michigan on November 30, 2021
Madisyn Baldwin, 17, (left) and Hana St Juliana, 14, (right) died during the 2021 shooting
Justin Shilling, 17, (left) and Tate Myre, 16, (right) also died in the senseless shooting
However, no school officials have been accused of any wrongdoing, and the prosecution has maintained that it was under no obligation to turn over the offer agreements to the defense as they never granted the witnesses any immunity.
Still, Dezsi used the agreements to ask a judge to throw out Jennifer’s conviction or grant her a new trial.
“The suppression of these secret agreements violates a prosecutor’s most basic, well-understood duties to turn over all evidence favorable to the defense or capable of being used for impeachment purposes,” he said, arguing it is a constitutional violation is.
Dezsi also argued that Crumbley would not likely pose a danger to the public if she were released on bail.
He noted that she is not accused of committing violent acts, but was charged with gross negligence and failure to control her child.
“There are no facts to indicate that Ms. Crumbley has threatened any individual, and there are no facts to indicate that she poses a risk of violence or offensive behavior to anyone,” Dezsi wrote, noting that she has no prior criminal record record, with the exception of two crimes dating back 20 years.
“By granting bail, with or without conditions, the prosecutor loses nothing, while these substantive legal issues are finally decided by the courts of appeal,” he argued.
Both Jennifer and her husband, James, were convicted of involuntary manslaughter in February. This was the first time that parents were criminally charged over the shooting at their child’s school
The petition is now before Oakland County Circuit Court Judge Cheryl Matthews, who previously ruled there was enough evidence to send both Jennifer and her husband’s involuntary manslaughter cases to a jury.
Prosecutors have several weeks to respond, but said in a statement that Jennifer should remain locked up.
“Jennifer Crumbley was tried by a jury of her peers for her own actions and inactions that led to the Oxford High School shooting – not for the actions of her son,” said Chief Prosecutor David Williams.
“A jury of twelve listened to testimony and reviewed numerous pieces of evidence before unanimously finding her guilty, and she was sentenced by the judge accordingly.
“This was an egregious series of offenses that resulted in a conviction and a prison sentence of 10 to 15 years,” he continued.
“The legal issues raised by Jennifer Crumbley have already been heard and dismissed by the Michigan Court of Appeals,” Williams argued — though Dezsi maintains that the question of whether Crumbley had a duty to act has not yet been before any court the order has been made.
The shooting also injured seven people, including one teacher
Prosecutors have noted that Jennifer and her husband fled the area after charges were announced against them
Prosecutors have also previously argued that Jennifer could not be trusted not to flee, given her behavior after the shooting.
She and her husband had fled the Oxford Township area after charges were announced against them.
They remained on the run for about a day, emptying their bank accounts and turning off their phones before being captured at a Detroit art studio, moves that were central to their trials.
“These are not the actions of individuals who wanted to turn themselves in,” Oakland County Prosecutor Karen McDonald previously argued, contradicting the Crumbleys’ claims that they had never been on the run and were merely afraid of all the threats and negativity they faced. they had to deal with.
The couple claimed they planned to turn themselves in.
Separate juries ultimately ruled that Jennifer and James ignored their son’s pleas for mental health help while buying him the firearm he used to shoot up his school.
Separate juries ultimately ruled that Jennifer and James ignored their son’s pleas for mental health help while buying him the firearm he used to shoot up his school.
Jurors saw Ethan’s diary in which he explained that his parents ‘didn’t want to help’ and also wrote: ‘I have completely lost my mind after years of battling my dark side. My parents don’t want to listen to me about… (a) therapist.’
A significant portion of both parents’ trials was also spent at a school assembly on the morning of the shooting.
Ethan’s teachers had become concerned after looking at his math homework, in which he drew disturbing drawings of shootings and wrote, “The thoughts won’t stop, help me.”
Unbeknownst to the others in the room, Ethan had stolen the 9mm semi-automatic pistol from his house, which James had not locked up. It was learned at his trial that the cable lock for the gun was still in its packaging in the box.
James and Jennifer were brought into school to discuss the drawings, but both said they were ‘too busy’ to take it home and went back to work. Less than two hours later, Ethan opened fire.
Jennifer tried to blame her husband, son and the school when she took the stand during her own trial
Jennifer later blamed her husband, son and his school for the tragedy when she took the stand at her own trial.
“I asked myself if I would have done anything differently, and I wouldn’t have done it,” she testified.
But at her sentencing, Jennifer claimed her comments were ‘completely misunderstood’.
‘In retrospect, my answer would be different. Ethan wasn’t the son I knew. People always said he was a ‘perfect child,’ I really believe that,” she said.
She then took the opportunity to warn other parents that they could find themselves in her position, saying: ‘Don’t ever think this can’t happen to you. This could be any parent here.
“I still love my son unconditionally.”
Ethan is now serving a life sentence without the possibility of parole.