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

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  • #61
I'll be watching tomorrow and posting here!
 
  • #62
  • #63
  • #64
I have the livestream up and I'm just waiting for it to begin.
 
  • #65
James Crumbley has entered.
 
  • #66
Defendants only have one lawyer present today.
 
  • #67
Motion for Joint Representation safeguards to be heard tomorrow.

Court is talking about joint representation sua sponte. She's going over the rule regarding the joint representation of the Crumbleys.

Court is appointing independent counsel for the defendants, but not as a substitute or to report to the court. It's for the limited purpose of advising each defendant of conflicts of interest of joint representation and what would be in the defendants' best interest. They will then put on the record at the next pre-trial conference whether the defendants waive to any conflicts. They will have to sign a waiver as well.

The Motion for tomorrow is being taken under advisement.

(The audio is cutting in and out on the click on Detroit link)

Next court date tentatively set for April 5 (I believe, it cut out).

Judge is concerned that something is going to happen in the future that will cause a conflict.

Appointed counsel should be speaking with them within the next two weeks. There will be two different lawyers for them.
 
  • #68
After the judge left, the male prosecutor (you'd think I'd know his name by now) approached the defense attorney to talk about the waiver form that the prosecutors filed with their motion, and she said they will talk about it. He asked do you know when, and she said no.

Defense attorney wanted to confer about the language of the waiver off the record.
 
  • #69
Audio was choppy on several links and must have originated in the courtroom.
 
  • #70
Live: James and Jennifer Crumbley face pretrial hearing (detroitnews.com)

Pontiac – A brief pretrial hearing was held in Oakland Circuit Court for the couple whose son is charged in the Oxford High School mass shooting in November to determine how their respective cases will move forward.

James and Jennifer Crumbley are each charged with four counts of involuntary manslaughter in the deaths of four students in the shooting and have pleaded not guilty. The charges have drawn international attention because they link the parents with the alleged violent behavior of their son...
 
  • #71
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  • #72
Why the judge is sending independent lawyers to meet with parents of accused Oxford High School shooter (clickondetroit.com)

James and Jennifer Crumbley face involuntary manslaughter charges

...James and Jennifer Crumbley are each represented by a different attorney, but the attorneys are with the same firm. Prosecutors asked the judge to look at the issue and determine if there is a conflict of interest between the two lawyers.

The judge agreed and said she wants to avoid any chance of a mistrial so she is sending two different attorneys to meet separately with the Crumbleys to explain all the conflicts that could come up during the trial.

Prosecutors want James and Jennifer Crumbley to sign waivers after meeting with the independent attorneys. They can still choose to continue the trial with the lawyers they have now -- but prosecutors do not want the lawyers to be a reason for them to appeal any potential convictions...
 
  • #73
Parents of Oxford High shooting suspect will each receive independent attorneys (detroitnews.com)

Pontiac – The parents of the teenager charged in the Oxford High School mass shooting will each have independent attorneys appointed to help make sure that having attorneys from the same law firm does not provide a potential appeal if they are convicted.

Jennifer and James Crumbley are currently represented, respectively, by Shannon Smith and Mariell Lehman, who both work in the same law office and took turns at district court hearings questioning witnesses on behalf of their clients.

The Oakland County Prosecutor’s Office said while the parents have said they had no problems with the arrangement, it could conceivably pose a potential conflict at trial regarding individual guilt or innocence for crimes...
 
  • #74
A very good decision by the judge, imo.

Will be interesting to see what the Crumbleys decide.
 
  • #75
I just realized Law & Crime is covering this, at least somewhat. They have a link to the hearing today, maybe the audio is better.

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  • #76
Why the judge is sending independent lawyers to meet with parents of accused Oxford High School shooter (clickondetroit.com)

James and Jennifer Crumbley face involuntary manslaughter charges
<snipped for focus>
The judge agreed and said she wants to avoid any chance of a mistrial so she is sending two different attorneys to meet separately with the Crumbleys to explain all the conflicts that could come up during the trial.

Prosecutors want James and Jennifer Crumbley to sign waivers after meeting with the independent attorneys. They can still choose to continue the trial with the lawyers they have now -- but prosecutors do not want the lawyers to be a reason for them to appeal any potential convictions...

I wonder if they are obliged to sign waivers after meeting with the independent attorneys. Is the judge able to require this?
 
  • #77
I wonder if they are obliged to sign waivers after meeting with the independent attorneys. Is the judge able to require this?

That's a good question.

If they refuse to sign waivers could the judge force them to not use the same law firm?
 
  • #78
You probably have to go through the security feature to show you're not a robot :D

(I've been away for a bit, so please excuse my lack of responding...)

I am not a robot. I am not a robot. I am not a robot. I am not a robot.
I am not a robot
:D
 
  • #79
I wonder if they are obliged to sign waivers after meeting with the independent attorneys. Is the judge able to require this?

Why the judge is sending independent lawyers to meet with parents of accused Oxford High School shooter (clickondetroit.com)

...Prosecutors want James and Jennifer Crumbley to sign waivers after meeting with the independent attorneys. They can still choose to continue the trial with the lawyers they have now -- but prosecutors do not want the lawyers to be a reason for them to appeal any potential convictions...

Here is a subscribers' only report, so I don't know if you are able to read the entire article, but here's the part that references whether or not the judge can compel the Crumbleys to sign waivers.

New Oxford trial rules could shift defense strategy for Crumbley parents (detroitnews.com)

...Matthews also said she planned to discuss the parents’ decisions with them in court at a new pretrial date, now set for April 19, and said she would require both to sign waivers that they approve of their attorneys at that time and waive any right of appeal due to conflicts...
 
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  • #80
I wonder if they are obliged to sign waivers after meeting with the independent attorneys. Is the judge able to require this?

Yes, a signed waiver is a requirement.
 
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