The Associated Press
A judge has granted a prosecutor’s request that a Michigan teen charged in a fatal school shooting not be named in court during his parents’ separate criminal trial.
Oakland County Circuit Judge Cheryl Matthews in her ruling Monday ordered that Ethan Crumbley's name not be spoken openly in court or used in writing in the case against James and Jennifer Crumbley.
“Calling the shooter by name does not appear to be relevant to these proceedings and prohibiting its use does not appear to prejudice the defense in any way,” Matthews ruled.
Prosecutor Karen McDonald filed a motion March 18 requesting that the boy's name be withheld.
“I was relieved the judge understood the issue and took it seriously and recognizes the need that this doesn’t happen again,” McDonald said of the notoriety some school shooters attain.
“I don’t want to be part of the problem. We shouldn’t know your name, we shouldn’t remember your name.” McDonald said Tuesday night during a telephone interview with The Associated Press.
“Shooters want to be famous,” McDonald had said in a statement at the time. “It’s one of the key motivators for most shooters, and it was definitely a motivator for the Oxford shooter. He wanted to be famous and he wanted to be remembered.”
“So when we repeat the Oxford shooter’s name and continuously publicize his photo, we’re contributing to future shooting,” McDonald said then.
The Associated Press names suspects identified by law enforcement in major crimes. However, in cases in which the crime is carried out seeking publicity, the AP strives to restrict the mention of the name to the minimum needed to inform the public, while avoiding descriptions that might serve a criminal’s desire for publicity or self-glorification.
Matthews on Tuesday, concerned about potential conflicts of interest, assigned independent counsel to each parent.
Because each is represented by an attorney from the same law firm, the potential for a conflict exists, Matthews said.
During their preliminary examination where they were ordered last month to stand trial, Jennifer Crumbley was represented by Shannon Smith, while Mariell Lehman represented James Crumbley.
The Crumbleys face involuntary manslaughter charges and are accused of making the gun used in the Nov. 30 shooting at Oxford High School available to their son, Ethan. They also are accused of failing to intervene when he showed signs of mental distress at home and at school.
Joint representation of co-defendants charged in criminal cases by attorneys from the same law firm is uncommon, Matthews said.
“The appointment of counsel will not be a substitute for the defendants’ current counsel of choice or to report back to this court,” said Matthews, adding that they will advise each defendant with regard to joint representation and potential conflicts.
The Associated Press left messages Tuesday seeking comment from Smith and Lehman.
Prosecutors initially raised the concern that using the same law firm could allow for an appeal attempt by the Crumbleys if they are convicted.
Matthews said the couple will be asked at a pretrial hearing tentatively scheduled in early April if they intend to waive any potential conflict.
Their son is charged as an adult with first-degree murder, assault with intent to murder, terrorism and gun charges in the shooting at his school, about 30 miles (50 kilometers) north of Detroit. Six other students and a teacher were wounded.
Matthews ruled Monday that Ethan Crumbley's
Smith and Lehman have insisted James and Jennifer Crumbley didn’t know their son might plan an attack and didn’t make the gun easy to find in their home.
His attorneys have filed a notice of an insanity defense. He is lodged alone in a cell in the Oakland County Jail’s clinic to keep him from seeing and hearing adult inmates.
Oakland County Prosecutor Karen McDonald filed a motion last week requesting that his name not be spoken openly in court or used in writing in the case against his parents.
McDonald said she wanted to avoid giving any notions of fame or notoriety to their son.
––––––––––––––––––––
Subscribe to the Legal News!
http://legalnews.com/subscriptions
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
––––––––––––––––––––
Subscribe to the Legal News!
http://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
