Judge denies Crumbleys' request to move trial out of Oakland County

A judge delivered a series of blows and victories to James and Jennifer Crumbley on Monday, including refusing to move their trial out of Oakland County.

To the chagrin of the defense, Oakland County Circuit Judge Cheryl Matthews concluded the Crumbleys can get a fair trial in the community where their son is accused of carrying out a mass school shooting last fall. The defense had argued there was too much negative publicity and pain endured by the community to ensure a fair trial. 

The judge disagreed — though she did put an end to what had turned into a key sticking point for the defense: the prosecutor's public comments about the case. Matthews issued an order prohibiting both the prosecution and defense from discussing the case with the news media or on the internet after the defense argued repeatedly that Oakland County Prosecutor Karen McDonald was bad-mouthing the parents and hurting their chances of getting a fair trial.

The Crumbleys are charged with involuntary manslaughter for their alleged roles in the shooting. Prosecutors have accused the couple of ignoring an "emotionally troubled" son, and instead of getting him help, they bought him a gun — the same gun that was allegedly used in the Nov. 30 shooting.

They've pleaded not guilty, maintaining they had no idea their son would carry out a mass shooting, and that they kept the gun in a locked and secure place in their home.

The couple's lawyers on Monday also convinced the judge to keep out of trial numerous elements that they argued were irrelevant and prejudicial, including: the mom's alleged extramarital affair, the couples' alleged "messy house," pot and booze found in the home, a Nazi coin that was found in their son's bedroom and a bird's head that he allegedly hid under his bed in a jar.

Matthews ruled that all those elements are inadmissible at trial, which means the jury will not hear them.

But Matthews denied the Crumbleys' request to keep other evidence out of trial, including their son's journal, his Instagram messages and text messages he sent a friend in which he discussed his mental health issues.

Matthews held that those elements are relevant to the case and that an unbiased jury can be seated in Oakland County.

"Oakland County is not a small community,"  Matthews said from the bench.

Matthews also stressed to both sides that any statement made about the case "will be made solely to the court." While the prosecution protested, arguing it has the right to correct misinformation on the internet about the case, the judge disagreed."It's not a duty of the prosecutor to police the internet," Matthews said. "It's your job to give the defendants a fair trial."

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More:Judge denies Crumbleys' request to drop involuntary manslaughter charges

McDonald has previously argued that she has a duty to inform the victims and public about the case.

"(T)he defendants have important rights, but so do victims and the public. Victims have a right to a zealous advocate on their behalf. The public has a right to know what happened and to try to prevent future shootings. Above all else, the public and victims have a right to the truth," McDonald has stated.

The Crumbleys' trial is scheduled for Oct. 24.

Their son, Ethan, is scheduled to go to trial in January on first-degree murder and terrorism charges. He has pleaded not guilty and is being held at the Oakland County Jail, where his parents are also being detained.

Contact Tresa Baldas: tbaldas@freepress.com