An Oakland County judge is currently deliberating on whether James Crumbley, father of the Oxford High School shooter, should receive a new trial after defense attorneys raised questions of prosecutorial misconduct and violation of discovery obligations. During a hearing yesterday, defense lawyer Alona Sharon claimed that proffer agreements with two key school employees were not disclosed to the defense, as reported by ClickOnDetroit. These agreements, made with Oxford High School Counselor Shawn Hopkins and former Dean of Students Nicholas Ejak, allegedly offered informal immunity in exchange for their testimony.
Judge Cheryl Matthews has yet to make a ruling, citing more time needed to scrutinize the complex issues posed by the defense, including the shooter's invocation of his Fifth Amendment rights, which effectively barred him from testifying in his father's trial. Defense attorney Sharon, arguing before Matthews, pointed to a contradiction where the shooter had communicated with a forensic investigator, stating he never asked his parents for help with mental health issues - a stark contrast to the prosecution's stance on the parents' knowledge of their son's condition. According to a Detroit Free Press report, the defense also stressed the parents' efforts to secure the firearm and their ignorance regarding their son's intentions. However, the gun was noted by Judge Matthews not to have been very well hidden.
At the hearing, Sharon highlighted the shooter's reliability - citing never being in trouble, consistent school attendance, and lack of any behavioral issues - to contend with the prosecution’s narrative of foreseeability, as detailed by the Detroit Free Press. Despite these assertions, the prosecution maintained the overwhelming evidence against James Crumbley irrespective of the two school officials' testimonies.
Moreover, while the defense urges a new trial as the only means to "make Mr. Crumbley whole," prosecutors argue that James Crumbley bears responsibility for his actions that directly led to the fatalities. Assistant Oakland County prosecutor Marc Keast emphasized to ClickOnDetroit that it was the defendant's actions, such as purchasing the gun used in the shooting and failing to secure it, that played a crucial role in the events leading to the tragedy.
Judge Matthews, responding to Sharon's argument about the Fifth Amendment, indicated confidence that the shooter's right had been justly invoked. However, defense counsel argues for a court review of this invocation to ensure it was appropriate.
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