GUILTY MI - 4 students killed, 6 injured, Oxford High School shooting, 30 Nov 2021 *Arrest incl parents* *teen guilty* #5

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IMO there is no negligence with them not securing the gun because unlike a toddler EC knew how to handle the gun and that they were dangerous. This wasn’t an accidental shooting. Maybe the state is going to argue that any minor with access to a gun in a mental health crisis doesn’t understand the dangerousness of their actions? And since the parents knew of his mental health crisis they were negligent.
 
So JC threw her attorney under the bus by blaming her for why she didn’t turn herself in and the judge is clearly annoyed at having to deal with the state’s argument at this point in the trial. State wants the judge to review the atty-client communication between JC and Smith and determine if it is relevant to the flight issue. Then they will argue as to whether it can come in and priv has been waived. Phew! Judge is understandably nervous about wading into these waters.

JMO
You are absolutely correct. OMG, I knew this was going to be a problem the minute JC said yesterday that she was waiting on Smith's direction. (Although I remember her being more specific such as meeting with her attorney at 8:30 a.m. somewhere...could be very wrong about that.)

I love when Smith told the judge something along the lines that JC saying that was not the plan and she didn't know she was going to say that. Cringe!
 
Shannon Smith is reminiscent of Jennifer Wilmott (Jodi Arias’ attorney) down to their sense of style. The colorful matchy matchy suits everyday. Just like in the Arias trial, there’s a soft spoken and weak judge here as well. Wilmott also whined a lot and had a contentious relationship with Juan Martinez. Just like Smith and Keast.

Apparently, the reason for all these arguments between counsel in front of the jury is because the courtroom is too small and there’s nowhere to have sidebars out of the jury’s earshot. But the judge can still instruct them not to make speaking objections. But she doesn’t want to be a “meany” and just rule so she allows these long arguments that are so inappropriate imo in front of the jury. Smith has used that to her advantage and tried to make the state look like the big bad wolf. And instead of recognizing this and objecting to the judge/asking her to admonish Smith to stop arguing in front of the jury, the state has decided to go with a “when they go low, we go lower” approach and use the same tactic in return. But as LYK helpfully pointed out on his show last night, if JC gets convicted, the defense can make an appeal cake out of those inappropriate arguments made by the state in front of the jury and say it prejudiced this or that.

JMO
If the courtroom is too small to have sidebars outside of the jury's earshot and a noise machine won't help mask what is being said, the judge should 100% be sending this jury into another room during these kinds of arguments. "The room is too small" just isn't an acceptable reason for me.
(Not directed at you, Weki, but at the judge.)
 
If the courtroom is too small to have sidebars outside of the jury's earshot and a noise machine won't help mask what is being said, the judge should 100% be sending this jury into another room during these kinds of arguments. "The room is too small" just isn't an acceptable reason for me.
(Not directed at you, Weki, but at the judge.)
Absolutely agree! I can understand not wanting to send the jury in and out constantly but I guarantee the lawyers would limit sidebars to only when absolutely necessary if the judge said no speaking objection. Most of these arguments they’ve been making are clearly intentional to make a point to the jury. Also, I’ve seen judges say no to sidebar requests by attys.
 
wow
Shannon Smith claims that her texts on her phone automatically delete themselves after one year!

Also, Smith claims that she uses the same phone for personal and business and that because of that, her phone gets so full.

The background to this issue is here.
Smith's conduct before the Crumbleys were captured

Also claims that at the time, the other atty, was also repping Jennifer. Really? ( See link)
 
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Judge was incredulous with Smith about her not having a clue what these texts were. I don’t buy it either. Smith is now throwing her previous co-counsel under the bus saying maybe she was communicating with JC. Either way I don’t think it matters for what the state wants. Messy messy messy.

I don’t think Smith would tell her client to keep hiding though. But she doesn’t want her client to be impeached. Because I do think JC was trying to blame and use excuses as to why they didn’t turn themselves in. If the texts from the lawyers say you need to turn yourself in, whooooo weeeeee

JMO
 
wow
Shannon Smith claims that her texts on her phone automatically delete themselves after one year!
I did a quick google and apparently that is a setting on an iPhone. I personally wouldn't do that because I like to keep everything but I guess it works for some people. What I found more shocking was that she said she uses her phone for both personal and work. If I was an attorney I would most certainly have a work phone and a personal phone! IMO
 
I did a quick google and apparently that is a setting on an iPhone. I personally wouldn't do that because I like to keep everything but I guess it works for some people. What I found more shocking was that she said she uses her phone for both personal and work. If I was an attorney I would most certainly have a work phone and a personal phone! IMO
Like her client, Smith has an answer for everything. I wonder what the Michigan Bar would say about a lawyer routinely deleting all their texts with their client? ( Many lawyers have to keep them, it protects themselves too)

ETA
So judge doesn't believe Smith on two points
- deletion of her texts w client
- that Smith has never received a copy or seen these texts at any point over the two years since they were provided to her

It's 2nd Feb 2024, imo, if I took Smith's phone and checked whether she had any messages from any of her existing clients - any messages pre Dec 31 2023 - I guess I would find them. I do not believe her that she has wiped all client comms off her phone, other than the last 4 weeks of Jan
 
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Like her client, Smith has an answer for everything. I wonder what the Michigan Bar would say about a lawyer routinely deleting all their texts with their client? ( Many lawyers have to keep them, it protects themselves too)
Agreed! Especially for an on-going case! I would think at the very least they would be backed up to the cloud and accessible, if needed. You are right: she has an answer for everything! Not necessarily a good answer, but an answer. LOL
 
State now outside reviewing document Judge just handed them ( the texts)

Smith is whispering into her client's ear. Co counsel/assistant (?) also involved in a huddle. Smith's hand is shaking as she has her arm around her back
A smile from JC concludes their conversation.
Crumbley and Smith then review the texts

Different style from JC today. No ponytail. Darker colours.
10. 15 am now. Jury have been there since 8.30am. Cross starts

Nice start from Keast. - you realise you're under oath?
 
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What would cause the 2 prosecutors and staff to all exist the courtroom for 2 minutes, as Kaest told the judge?
 
Gaest just told Smith "this is not a laughing matter" when Smith giggled when Gaest was talking to judge about dating site.

edit:
Cottonweaver's post.

"Smith says something totally dumb like ' this is getting exciting' (?) and ' it is what it is'"
 
2021 - she spent over $20K on the horses, not incl cash expenditures. (Agrees that she told colleague half her salary on her horses)
Every time she went to the barn( min 3 trips per week) she claims she asked Ethan whether he wanted to accompany her to the barn

Ski patrol ( 10 hrs a week, doubles on Saturdays so sometimes once per week)
Time spent on Bryan M ( once a week assignations)
'Adult friend finder' app ( JC says she doesn't believe she had the app but state reminds her that LE found it on her phone)

Smith objects, it's going beyond the one affair.
Keast - she testified one affair, 6 months
Smith says something totally dumb like ' this is getting exciting' (?) and ' it is what it is'

Keast ' this is no laughing matter
 
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