OXFORD, Mich. – A jury is deliberating whether Jennifer Crumbley, the mother of the Oxford High School shooter, is guilty of involuntary manslaughter after seven days of testimony at her trial.
The prosecution called 21 witnesses to the stand over the first five and a half days of trial, and the defense called Crumbley to testify. Closing arguments were heard Friday, and the jury deliberated for a full day Monday without reaching a verdict.
Here are some quick facts about the trial:
- Jennifer and James Crumbley are both facing four counts of involuntary manslaughter in connection with their son’s mass shooting. Those charges stem from the deaths of 14-year-old Hana St. Juliana, 16-year-old Tate Myre, 17-year-old Madisyn Baldwin, and 17-year-old Justin Shilling.
- The Crumbley parents were originally going to be tried together, but they asked for separate trials in November, and a judge granted their request.
- Defense attorney Shannon Smith represents Jennifer Crumbley. Oakland County Prosecutor Karen McDonald, assistant Oakland County Prosecutor Marc Keast, and chief assistant Oakland County Prosecutor David Williams represent the people. Oakland County Circuit Judge Cheryl A. Matthews is hearing the case.
- The shooter was sentenced in December to life in prison without the chance of parole.
Here are the full updates from Day 8 of the trial:
Proceedings end
- 4:47 p.m. Monday
Just Matthews left the courtroom, and proceedings ended for the day.
Jennifer Crumbley was escorted out by deputies.
Jury plans for Tuesday
- 4:45 p.m. Monday
Matthews dismissed the jury and instructed them once again not to read about or discuss the case. They can’t go on social media or research the case.
The jury members exited the courtroom. They will return at 9 a.m. Tuesday.
12-member jury enters courtroom
- 4:44 p.m. Monday
The 12 jury members who are deliberating were brought into the courtroom.
Alternates exit
- 4:42 p.m. Monday
The alternates left the courtroom.
Judge sends 3 alternates home for sequester
- 4:41 p.m. Monday
Matthews did a blind draw to determine which three alternates would be sequestered at home during Tuesday’s proceedings.
The jurors in seats 17, four, and 10 were chosen to sequester at home on Tuesday.
The other two will need to return to the courtroom at 9 a.m. Tuesday to be sequestered separately from the jury again. Matthews reminded them that they can bring work or something to the courthouse if they want, as long as it’s not related to the case.
Both sides approach judge
- 4:35 p.m. Monday
McDonald asked to approach, so she, Keast, and Smith walked up to speak to Matthews.
Jury plans
- 4:35 p.m. Monday
The jury plans to continue deliberations into Tuesday.
Matthews asked the two sides if she could release two or three of the alternate jurors to be sequestered at their homes, and neither side objected.
Court back in session
- 4:34 p.m. Monday
Both sides are in the courtroom. Judge Matthews returned and court is in session.
Jennifer Crumbley returns to courtroom
- 4:33 p.m. Monday
Jennifer Crumbley was escorted back into the courtroom by deputies. She sat down beside Smith at the defense table.
The prosecutors are not yet in the courtroom.
‘Joking around’
- 4:32 p.m. Monday
When Jennifer Crumbley addressed the text messages from the shooter about demons and hallucinations and strange things happening in their house, she said that was “typical joking around kind of stuff.”
Those texts were highlighted by the prosecution because they were sent to Jennifer Crumbley while she was at the horse barn, and she didn’t respond.
She said the family had a running joke about their house being haunted, and it started when they got the shooter an Ouija board for Christmas.
They would play pranks on each other, such as using the circuit breaker to shut off the lights in the entire house or pretending to be electrocuted.
Gun drawn on math worksheet
- 4:20 p.m. Monday
Special Agent Brett Brandon testified that the drawing of a gun on the shooter’s math worksheet was clearly a depiction of the SIG Sauer that was eventually used in the school shooting.
Prosecutors argued that this similarity should have been a major red flag for the parents and that they should have told school officials that the shooter owned that gun during the morning meeting.
Jennifer Crumbley said she knew it was a drawing of a gun, but she didn’t know enough about guns to realize that it was specifically supposed to be the SIG Sauer.
She had previously testified while going through Facebook photos that her son was good at drawing. Prosecutors brought that up when showing the similarities between the drawing and the murder weapon.
Crumbley agrees to admit full text thread
- 4:12 p.m. Monday
Early in the trial, Jennifer Crumbley agreed to allow an entire thread of text messages to be admitted into evidence without any redactions. The decision was made after her defense and the prosecution argued over which messages were admissible.
The defense originally argued that some texts related to alcohol use should not be allowed. But Smith later agreed to go through the more than 2,000 pages of evidence to identify what should be redacted, and to share that with the prosecution for approval.
Ultimately, Smith and Jennifer Crumbley said they thought it would look like they had something to hide from the jury if they made redactions, so they agreed to admit the entire conversation.
Click here to read much more about this moment in the trial.
‘We took his gun away’
- 4 p.m. Monday
One of the most significant moments during Keast’s cross examination of Jennifer Crumbley came while discussing that argument on Nov. 29, 2021.
The prosecution had worked hard to prove that the gun belonged to the shooter, including showing Jennifer Crumbley’s Facebook post that said the gun was a gift for her son. The defense argued that while the gun might have been bought for the shooter, he wasn’t allowed to use it outside going to the shooting range with his parents.
When Keast pointed out that the shooter clearly had possession of his phone the night of the argument, here was Jennifer Crumbley’s response:
“I don’t know if he got it back,” Jennifer Crumbley said. “I know we took the shooting range away and we took his gun away, so I don’t know if he got it back.”
Keast began to ask another question, but then said, “Actually, I want to go back to what you just said. ‘You took his gun away.’”
“We took the shooting range away,” Jennifer Crumbley said.
“You said you took his gun away,” Keast said.
“No, I said we took the shooting range away,” Jennifer Crumbley said.
McDonald later emphasized during her closing argument that Jennifer Crumbley said “his gun,” in reference to the shooter.
Jennifer Crumbley thought drawings stemmed from argument
- 3:46 p.m. Monday
When Jennifer Crumbley was asked about her son’s drawings on a math worksheet the morning of the shooting, she said her initial thought was that he did it out of defiance because of the argument with his parents the previous night.
His grade in geometry was the source of the argument, according to Jennifer Crumbley. When she spoke to the shooter on the phone before going to the school, she had the impression that he acted out because they had yelled at him about assignments the night before.
Still, Jennifer Crumbley testified that she was “pretty concerned” about the drawings.
During her opening statement, Smith said Jennifer Crumbley didn’t take the drawing lightly.
“Jennifer freaks out when she sees the drawing,” Smith said. “She’s urgently texting her husband, ‘Emergency, call me now.’”
Jennifer Crumbley at gun range
- 3:33 p.m. Monday
Testimony from Special Agent Brett Brandon on the first day of the trial included video of Jennifer Crumbley going to the shooting range with her son on Nov. 27, 2021. That was the day after James Crumbley and the shooter went to the gun store and bought the SIG Sauer.
Video showed Jennifer Crumbley carrying the gun into the store. They bought two 50-round boxes of 9 mm ammunition and targets before going to shoot the gun.
Both the shooter and Jennifer Crumbley fired the SIG Sauer, though Jennifer Crumbley fired only a few rounds compared to the shooter. He showed his mother how to load the magazine into the gun and helped her prepare to shoot at her target.
Brandon said one 50-round box of ammunition was used, and the other was brought home.
Much more on journal
- 3:25 p.m. Monday
The prosecution provided six images of excerpts from the shooter’s journal, and those were shown to the jury in the courtroom.
His writings are disturbing, and some of the words are explicit.
Click here if you want to see those images and read more about how the journal was used in the trial.
Shooter’s journal
- 3:14 p.m. Monday
Both sides discussed at length the shooter’s journal, which was recovered by police with his discarded backpack in the school bathroom where he first emerged and fired shots.
Prosecutors showed several excerpts from the journal that reference shooting up the school. He wrote that he has “zero help for my mental problems” and that “my parents don’t listen to me so I can’t get any help.”
Smith clarified that there’s no evidence Jennifer Crumbley has ever seen the journal entries.
She also wanted to admit other segments of the shooter’s journal writings where he says the gun is hidden and mentions not wanting to get caught looking for it. But the judge and prosecution warned her that could open the door to the “bird evidence,” and she agreed she didn’t want to admit that evidence.
Lt. Timothy Willis told Smith that if there was evidence the parents had seen what was in the journal, they’d be facing murder charges.
Man who reported Crumbleys
- 3:03 p.m. Monday
One of the prosecution’s key witnesses in the matter of “flight” was Luke Kirtley, the man who saw the Crumbleys’ SUV in the parking lot of his Detroit workplace and reported it to 911.
Prosecutors showed surveillance footage of Kirtley pulling into the lot and walking around to the back of the SUV with his phone out. He realized the license plate matched the one from the wanted poster and hurried back inside because someone in a hooded sweatshirt was smoking right outside the car.
He called 911 and reported the car, and the prosecution played that audio for the jury. Kirtley said he then hid in the corner of his business furthest from the door and windows.
Deleted messages
- 2:51 p.m. Monday
Deleted texts and Facebook messages became a hot topic throughout the trial.
The prosecution called a forensics expert to the stand, and he testified that Jennifer Crumbley had deleted several messages that were still recovered by officials.
Smith tried to say the messages were “unsent” several times during proceedings, but Keast objected, saying an expert had testified that they were specifically deleted.
During her own testimony, Jennifer Crumbley claimed she deletes entire threads of messages so that the conversations with people who are most important stay at the top of her lists.
Why shooter didn’t testify
- 2:42 p.m. Monday
Despite repeated requests from the defense, the Oxford High School shooter did not testify at his mother’s involuntary manslaughter trial.
Smith stated multiple times that she wanted to call the shooter to the stand. But Matthews said she isn’t going to risk a mistrial by calling someone who is going to invoke the Fifth Amendment.
Click here to read much more about this issue.
Timeline from after shooting
- 2:31 p.m. Monday
Prosecutors worked hard to establish a timeline of where the Crumbleys went and what they were doing after the shooting and before they were found at the art studio.
Receipts showed the Crumbleys spent one night at a hotel before moving to an extended stay. They left one of their cars at that second hotel and went to the art studio in Detroit.
Jennifer Crumbley said she was invited to the art studio by a friend who wanted to make sure they had a place to stay.
Prosecutors detailed how the Crumbleys’ second car was found backed into a corner parking space at the building.
Photos from art studio
- 2:17 p.m. Monday
The final testimony on Wednesday -- the day when “flight” was the primary issue under discussion -- came from William Creer, a forensic technician who documents crime scenes for the Detroit Police Department.
Creer walked the jury through several of the photos he took at the art studio after the Crumbleys had been arrested. (Click here and scroll down a little bit if you want to view all the photos.)
The photos showed a wad of over $6,000 in cash, four cellphones, several groceries, an empty bottle of alcohol, newly purchased clothes, and more items. Prosecutors were trying to prove that the Crumbleys were setting themselves up for the long haul, but Smith argued that they were hiding because they feared for their lives due to outrage about the shooting.
Texts with attorneys
- 2:08 p.m. Monday
While Smith questioned Jennifer Crumbley about the night of her arrest, text messages between the two of them were brought up. Jennifer Crumbley said she was in communication with her attorney about turning herself in.
Keast interjected, saying Smith can’t be the defense attorney and a witness. He claimed that if Jennifer Crumbley was going to use messages with her attorney as testimony, the attorney-client privilege had been waived and those texts should be examined.
Smith originally objected, but the judge said the door had been opened, at least to an extent. Matthews was worried about setting a “dangerous precedent,” but Smith eventually agreed to allow the messages to be admitted without objection.
Keast read the messages, which included a text from Jennifer Crumbley’s burner phone that read, “THink we might have been found. Don’t know. Just a head’s up. Please check.”
That text was sent at 11:14 p.m., so it would directly contradict Jennifer Crumbley’s testimony that she was asleep and had no idea that police were at the building until she was arrested.
Jennifer Crumbley said she and her husband were both using that phone because his broke, so she said he must have sent those messages.
Smith introduced earlier messages from that conversation that appeared to confirm that both parents were using that phone to communicate with their attorneys.
Was Jennifer Crumbley asleep before arrest?
- 1:55 p.m. Monday
Jennifer Crumbley maintains that she was asleep while police searched the Detroit building where she and her husband were eventually taken into custody.
Prosecutors called the sergeant who was first inside the art studio where the Crumbleys were found and asked him about that search. He said police were noisy throughout the process, even using a 35-pound ram to force open a door near the art studio.
Jennifer Crumbley said she planned to turn herself in early the following morning in Novi, so she took four Xanax and went to sleep around 11 p.m. She said she had no idea anything was going on in the building until she woke up to find officers with guns drawn.
Judge exits
- 1:43 p.m. Monday
Matthews left the courtroom. Jennifer Crumbley was escorted out by Oakland County deputies.
Smith, Keast approach judge
- 1:42 p.m. Monday
Matthews asked the two sides to approach on “the issue I brought up previously.” This matter was discussed off the record before Monday’s proceedings.
Smith and Keast spoke with the judge for about two minutes.
Jury dismissed
- 1:41 p.m. Monday
The jury was dismissed to return to the jury room and continue deliberations.
Re-reading item 3.5
- 1:40 p.m. Monday
Matthews re-read item 3.5 to the jury in its entirety. You can read that item in the full jury instructions, which are embedded below (under the 12:53 p.m. timestamp).
Item 2.9
- 1:39 p.m. Monday
Matthews read item 2.9, which was not in the hard copy of the jury instructions, but was read to the jurors at the beginning of the trial.
“When it’s time for you to decide the case, you are only allowed to consider the evidence that was admitted in the case. Evidence includes only the sworn testimony of witnesses, the exhibits admitted into evidence, and anything else I tell you to consider as evidence.”
No inferring evidence from witnesses who didn’t testify
- 1:38 p.m. Monday
Matthews told them they cannot infer evidence from witnesses who did not testify during the trial.
Jury enters courtroom
- 1:38 p.m. Monday
The jury returned to the courtroom.
Judge decides to read 2 items to jury
- 1:37 p.m. Monday
Matthews said she’s going to read the jury items 2.9 and 3.5 from the jury instructions to answer their question.
Answering the question
- 1:36 p.m. Monday
Smith said to send them item 3.2, which concerns a “reasonable doubt.” She said it appears they’re talking about lack of evidence.
“No, they’re asking if they can fill in the blanks about why the shooter wasn’t there, aren’t they?” Matthews asked. Keast agreed.
Smith said they should remind the jury that the burden of evidence is on the prosecution. Keast said all they can do is answer the question.
Matthews pointed to items 2.9 and 3.5. She said she could bring the jury in and read those items.
“It seems on point, judge,” Keast said.
Smith said she had no objection to item 2.9 being read, but she also put on the record that she’s requesting 3.2.
Matthews said she’s trying to limit herself to what’s been asked.
Second jury question
- 1:34 p.m. Monday
Matthews said she has another question from the jury.
“Can we infer anything from evidence for witnesses that the prosecution did not bring, specifically not bring in the shooter or other people who can answer how he specifically got the gun,” Matthews read.
Matthews and Keast both said the answer is “no.”
Judge returns
- 1:33 p.m. Monday
Matthews returned to the room and court was called into session.
Jennifer Crumbley returns
- 1:31 p.m. Monday
Jennifer Crumbley returned to the courtroom and sat beside Smith at the defense table.
Current scene in courtroom
- 1:26 p.m. Monday
Prosecutors Karen McDonald, Marc Keast, and David Williams are huddled and discussing something at the defense table. Lt. Timothy Willis is sitting to their right. Special Agent Brett Brandon and two other men are standing behind the prosecution.
On the other side of the courtroom, Smith is sitting at the defense table, writing.
Both sides back in courtroom
- 1:20 p.m. Monday
Prosecutors walked back into the courtroom. Shannon Smith was already at her table.
Neither Jennifer Crumbley nor Judge Matthews have entered the room.
Argument night before shooting
- 1:10 p.m. Monday
Several references were made to an argument between the shooter and his parents on Nov. 29, 2021, the night before the shooting.
It was first brought up by school officials who said the shooter mentioned an argument when he was brought into an office to address disturbing drawings on a math worksheet.
Jennifer Crumbley’s coworker also said that she mentioned having a disagreement with her son the previous night when she showed up at work on the morning of the shooting.
When she was asked about that argument, Jennifer Crumbley testified that it began when she found out the shooter had an “E” in geometry. She said they took his phone away and told him he couldn’t go to the shooting range until his grades improved.
The defense countered, saying the shooter took a video on his phone outside the house on that night, so he must have had his phone after all. Jennifer Crumbley admitted he might have gotten it back.
Key segment of jury instructions
- 12:57 p.m. Monday
This is the key item that Keast wanted the judge to instruct the jury to re-read after they asked a question about two separate ways involuntary manslaughter can be proved.
Here’s item 20.30A:
“The prosecutor asserts two different theories to support the charges of involuntary manslaughter. First, the prosecutor claims that the defendant committed involuntary manslaughter because she failed to perform a legal duty. In the alternative, the prosecutor claims that the defendant committed involuntary manslaughter because she was grossly negligent.
“Those theories are two different ways to prove the same crime. Either or both of these theories, if proven, are sufficient to establish the crime of involuntary manslaughter.
“It’s not necessary that you all agree on which theory has been proven, as long as you all agree that the prosecutor has proved at least one of those theories beyond a reasonable doubt.”
Full jury instructions
- 12:53 p.m. Monday
Here are the full jury instructions:
Shooter’s schoolwork
- 12:44 p.m. Monday
Jennifer Crumbley testified that the shooter’s grades were often a hot topic for the family.
She said he had average grades, but there were problems with missing assignments. The parents could monitor his progress on a “Power School” app -- something Jennifer Crumbley said she monitored closely.
“There’s no reason he should have been missing assignments,” she said during her testimony. “He had a homeroom class to get assignments done in.”
Grades were apparently a source of conflict between the shooter and his parents in the months leading up to the shooting.
Jennifer Crumbley taken back out
- 12:37 p.m. Monday
Jennifer Crumbley was escorted back out of the courtroom once the procedural matter was resolved.
Judge’s note sent
- 12:36 p.m. Monday
Matthews said she is going to send the note in, and then she left the courtroom.
Question from jury
- 12:34 p.m. Monday
Matthews said she received a question from the jury about jury instruction -- specifically items 16.10 and 16.13.
“Two different ways that we can conclude involuntary manslaughter,” Matthews read.
She clarified that the answer is yes, there are two different ways that involuntary manslaughter can be concluded. Keast asked the court to re-read item 20.30A to articulate that.
Matthews clarified she can answer the first question “yes” and ask the jury to refer to 20.30A. Keast said yes.
Smith clarified that 16.10 is the definition in 16.18. Matthews said that’s not what they asked.
Smith said she wants them to understand the definition of “gross negligence” in 16.18. Keast said that’s not what the jury is asking.
Matthews agreed with Keast that the jury should refer to 20.30A. She also told them to “consider all instructions as a whole.”
Judge enters courtroom
- 12:31 p.m. Monday
Judge Matthews returned to the courtroom, and court is in session.
Jennifer Crumbley returns to courtroom
- 12:30 p.m. Monday
Jennifer Crumbley was escorted back into the courtroom by deputies, and she sat down at the defense table next to Smith.
The prosecution is also seated inside the courtroom.
Judge Matthews and the jury are not present.
Boss says Jennifer Crumbley could have left work
- 12:24 p.m. Monday
Prosecutors called Jennifer Crumbley’s former boss to testify about the day of the shooting and her work culture. Her employment was terminated in the days following the shooting.
The prosecution asked her boss whether she would have been allowed to leave work for the day if he knew she was having issues with her son. He said the office is very family friendly and she would have certainly been allowed to take the rest of the day off to take care of those matters.
This testimony followed school officials saying Jennifer Crumbley didn’t want to take her son home from school the morning of the shooting because she had to get back to work.
Crumbley explains 2 bedrooms
- 12:11 p.m. Monday
Smith asked Jennifer Crumbley about the shooter having two bedrooms during the direct examination on Thursday.
She said that her son’s room had gotten really messy and she intended to clean it, but she got busy doing other things. Once it got really bad, she told her son to move into the guest bedroom until his room was cleaned.
She said she originally planned to donate many of the items after they hosted Thanksgiving and before he got new stuff for Christmas.
Photos of Crumbley household
- 12:04 p.m. Monday
The prosecution showed dozens of photos from the search warrant at the Crumbleys’ house in the hours after the school shooting.
Smith called the pictures “so unnecessary” and said they were shown to the jury to make Jennifer Crumbley look bad.
Keast showed the pictures and pointed out the locations where guns, ammunition, and gun cases were found by police. He also showed the shooter’s two bedrooms, which were stuffed with piles of belongings.
Jennifer Crumbley testified that it made her feel “horrible” to see those “embarrassing” pictures.
‘Planning mode’
- 11:53 a.m. Monday
The primary response from the defense to prosecutors highlighting Jennifer Crumbley’s body language was to say she goes into “planning mode.”
During her direct examination, Jennifer Crumbley said she goes “into a go planning mode” whenever she finds herself in a stressful or sad situation.
She said she internalizes her emotions and her reaction is to “take care of other things that need to be taken care of.”
Keast refuted that explanation during his cross examination, asking if she was still in “planning mode” when she called her father from jail and talked about things like calories in a sandwich and taxes.
Smith said Jennifer Crumbley had almost no human interaction during that time, so her conversations with her father wouldn’t be entirely about the case.
Jennifer Crumbley’s body language
- 11:44 a.m. Monday
Several times during the trial, the prosecution showed video evidence and pointed to Jennifer Crumbley’s body language.
They showed her scrolling on her phone during an interview at the police substation immediately after the shooting. Jennifer Crumbley’s defense argued that police asked to see something on her phone, and she was showing them.
Prosecutors also showed video from the back of a police car while authorities were searching the Crumbleys’ house. She asked for a cigarette and took a phone call.
School officials also testified that Jennifer Crumbley seemed like she was being inconvenienced when they called her to the school for a meeting the morning of the shooting.
Smith maintained throughout the trial that it was “nonsense” for anyone to take the stand and tell someone how they should act after a tragedy of this magnitude. She said there is no right way to respond.
Was gun locked?
- 11:33 a.m. Monday
One of the matters up for debate is whether or not the SIG Sauer 9 mm handgun used in the school shooting was locked at the Crumbley home.
Prosecutors have showed photos of the cable lock inside the case and argued that it had never been used. They said the lock was still inside the bag from the store and hadn’t been bent as if it had been put through the gun.
The defense points to a text message from Jennifer Crumbley that the “string lock” was on the gun. She also testified that the cable lock was kept on the gun when it was inside their house.
Passing blame onto James Crumbley
- 11:26 a.m. Monday
Part of the defense strategy involved pinning the blame for gun security on James Crumbley.
Jennifer Crumbley testified that her husband was the one responsible for storing the guns inside their home. She said she did not object to owning guns, but she wasn’t as knowledgeable as James Crumbley, and therefore the primary responsibility fell into his lap.
James Crumbley’s employment status also came up multiple times, such as when the defense explained why Jennifer Crumbley tried to get him to handle the meeting at the school on the morning of the shooting.
He was working as a DoorDash driver in between jobs, and Jennifer Crumbley said he was struggling to find employment and dealing with his mother’s death. She said he has also been drinking more often.
Matthews made it clear that James Crumbley wasn’t the person at issue in this trial, but he was still brought up several times by the defense to answer critical concerns.
Evidence admitted mid-trial
- 11:12 a.m. Monday
Keast’s frustration with Smith’s strategy wasn’t limited to the information about Jennifer Crumbley’s affair.
He outlined three separate instances when Smith moved to admit evidence that had previously been disallowed: the affair, the shooter’s journal, and the full Facebook message exchange between Jennifer Crumbley and her husband.
On Thursday morning, Keast asked for the jury to be excused so he could bring up that “pattern” with the judge.
“The issue that the people have is that it appears counsel is trying to usurp the court’s order, without notice to the people,” Keast said. “The journal appears to be a pattern of strategy, which is without notice, mid-witness shifting from what the court has already ordered to what counsel chooses to be convenient.
“If that’s trial strategy, then that’s trial strategy, but we have the court’s order, not the defendant’s order, and I don’t believe it is appropriate for any party to usurp the court’s order. I also don’t think it’s appropriate that the people will have to respond off the cuff.
Evidence of affair admitted mid-trial
- 10:59 a.m. Monday
The court’s original ruling before the trial was that evidence about extramarital affairs by the Crumbley parents would not be allowed during the trial. That changed in the middle of Meloche’s testimony.
When Smith inferred that Meloche had been pressured into his testimony by investigators, Keast argued to the judge that she had “opened the door” to the affair details. Instead of arguing against that, Smith and Jennifer Crumbley both agreed on the record to admit that information.
Meloche testified that he was not happy to be on the stand and he preferred that the information about the affair not get out.
Brian Meloche testimony questioned
- 10:46 a.m. Monday
Matthews told the jurors Monday morning that they have the right to believe or disbelieve any of the witnesses they heard on the stand. They can also believe parts of a witness’ testimony and not other parts.
Brian Meloche is the witnesses whose credibility was questioned the most. Information about Jennifer Crumbley’s extramarital affair was admitted, but Smith did all she could to dismiss his testimony.
Smith established early during cross examination that Meloche has a “bad memory.” He admitted that that’s true.
“Brian is a terrible witness,” Smith said during her closing argument. “He said he has memory problems.”
She also pointed out that he had three separate interviews with police investigators, the third of which was nearly three hours long. Her suggestion that police kept interviewing Meloche until he said what they wanted to hear was a topic of heated debate with prosecutors.
“Brian is just an idiot and has no clue,” Smith said in her closing argument.
Rewatch witness testimony
- 10:32 a.m. Monday
If you want to rewatch the testimony from any of the 22 witnesses who were called during the trial, you can do so by clicking here.
These are the full videos of witness testimony, though some are broken up into multiple videos because of court breaks.
‘Hyper-vigilant’ parent
- 10:25 a.m. Monday
One of the matters that assistant Oakland County Prosecutor Marc Keast questioned most often was the defense’s description of Jennifer Crumbley as a “hyper-vigilant” parent.
Prosecutors showed unanswered text messages sent to Jennifer Crumbley by the shooter as evidence to refute her vigilance. They often aligned those messages with her trips to the horse barn to try to paint a picture of someone who cared about her horse more than spending time with her son.
Defense attorney Shannon Smith combated those efforts by showing Facebook photos from family holidays and vacations. She also showed some text messages where Jennifer Crumbley appeared to frantically ask about the whereabouts of his son when he was returning home from school.
Judge on ‘flight’
- 10:11 a.m. Monday
During her jury instructions, Matthews clarified that “flight” is an element of this case, but the prosecution did not need to prove that the Crumbleys fled arrest in order to prove she’s guilty of involuntary manslaughter.
She said jurors can consider the issue of flight as a piece of evidence to determine whether or not Jennifer Crumbley was indirectly admitting some guilt.
Case now in hands of jury
- 10:02 a.m. Monday
Now, we wait.
The case is in the hands of the 12 jury members who were not chosen as alternates. They will discuss the case, review evidence, and deliberate for as long as they need to reach a verdict.
Judge, Jennifer Crumbley exit courtroom
- 9:54 a.m. Monday
Judge Matthews exited the courtroom.
Jennifer Crumbley was escorted out by Oakland County deputies.
Proceedings are now paused while the jury deliberates.
Avoiding interaction with jurors
- 9:52 a.m. Monday
Matthews asked that everyone in the courtroom be careful not to have any interaction with any of the jurors.
Excluded evidence
- 9:51 a.m. Monday
Keast said the prosecution has excluded five pieces of evidence from what was given to the jury: the shooting video, the photo showing blood in the school bathroom, the crime scene photo showing two victims, and the two videos played with Molly Darnell and Kristy Gibson-Marshall.
12 jury members exit
- 9:49 a.m. Monday
The 12 remaining jury members left the courtroom to go to Matthews’ jury room.
Alternates exit
- 9:48 a.m. Monday
The alternates left the courtroom to go to another judge’s jury room.
Alternates chosen
- 9:47 a.m. Monday
Matthews randomly chose the jurors in seats 15, 17, 10, four, and nine as alternates.
Alternates
- 9:45 a.m. Monday
Matthews chose five alternates. She said they are being sequestered separately just in case someone among the other 12 gets sick or has to be dismissed for any reason.
The five alternates can’t discuss the case with each other or anyone else or read about the case.
Reviewing evidence
- 9:43 a.m. Monday
Matthews said the jury will have access to all the exhibits. The defense exhibits are in a binder and the prosecution’s exhibits are on an external hard drive.
She said it’s also possible to replay a witness, but juror members can’t fast forward to a certain spot. They must listen to the entire testimony, including cross examination and redirect.
Communication with judge
- 9:42 a.m. Monday
The foreperson must write a note to the judge if the jurors want to communicate with her.
Verdict must be unanimous
- 9:41 a.m. Monday
Matthews said the verdict must be unanimous, so it’s necessary that each person in the jury agrees with the verdict.
“It’s your duty as jurors to talk to each other and make every reasonable effort to reach agreement,”
Matthews said they should express their opinions but keep open minds and be willing to change their opinions. But they must vote with their honest opinions.
Foreperson
- 9:40 a.m. Monday
Matthews said they will first choose a foreperson to make sure that conversations are carried on in a businesslike way and that everybody has a chance to be heard.
Gross negligence
- 9:38 a.m. Monday
Matthews also explained “gross negligence.”
Matthews defined gross negligence as “willfully disregarding the results to others that might result from an act or failure to act.”
This would mean that Jennifer Crumbley knew of the danger to others and didn’t take ordinary care to prevent harm to others.
Actions must have caused deaths
- 9:33 a.m. Monday
Matthews said it’s not enough if the jury believes Jennifer Crumbley’s actions made it possible for these deaths to occur. They have to determine that her actions caused their deaths.
Jennifer Crumbley’s actions do not need to be the sole reason for harm for her to be found guilty, Matthews said.
Reasonable care
- 9:32 a.m. Monday
Matthews said the duty of exercising reasonable care to prevent harm is required when both of the following are true:
- A parent knows or has reason to know that they have the ability to control their minor child.
- A parent knows of the necessity and opportunity for exercising such control.
If the jury determines that Jennifer Crumbley failed in this duty and directly caused the deaths of the four students, then they must find her guilty, Matthews said.
What prosecutors had to prove
- 9:31 a.m. Monday
Prosecutor claims Jennifer Crumbley failed to perform a legal duty to exercise reasonable care to prevent her child from harming others or that she was grossly negligent.
“Those theories are two different ways to prove the same crime,” Matthews said. “Either or both of these theories, if proven, are sufficient to establish the crime of involuntary manslaughter.”
Matthews said the jury members don’t all need to agree on which theory was proven if they all determine that at least one of them was proven.
Involuntary manslaughter charge details
- 9:26 a.m. Monday
Matthews clarified each charge of involuntary manslaughter, naming Madisyn Baldwin, Tate Myre, Hana St. Juliana, and Justin Shilling.
To find her guilty, jury members need to determine that Jennifer Crumbley caused the deaths of those four students based on the access she allowed to a gun by her child, Matthews said.
Separate trials
- 9:24 a.m. Monday
Matthews clarified that Jennifer Crumbley and James Crumbley are having separate trials and today’s deliberations have nothing to do with James Crumbley’s potential guilt.
Matthews said this trial is solely about Jennifer Crumbley and that they both deserve fair judgement.
Reasonable doubt
- 9:19 a.m. Monday
Matthews said each element of a crime must be proved beyond a reasonable doubt.
Reasonable doubt was defined by Matthews as “a doubt based on reason and common sense.”
Duties of jury members
- 9:18 a.m. Monday
Matthews read the duties of the jury.
“You must not let sympathy, bias, or prejudice influence your decision,” Matthews said.
She said they should make their own decisions, but only after listening to the opinions of the other jury members.
“A person accused of a crime is presumed to be innocent,” Matthews said. “This means you must start with the presumption that the defendant is innocent. This presumption continues throughout the trial and entitles the defendant to a verdict of not guilty, unless you’re satisfied beyond a reasonable doubt that she is guilty.”
Jury instructions
- 9:17 a.m. Monday
Matthews thanked the jury for being timely throughout the trial. She let them know that she is going to draw five alternates.
The alternates will be sequestered in another jury room, while the 12 others deliberate in Matthews’ jury room.
Jury enters courtroom
- 9:16 a.m. Monday
The conversation with Matthews lasted a couple of minutes, and then both sides returned to their places to await the jury.
All 17 jury members entered the courtroom at 9:16 a.m.
Both sides approach bench
- 9:11 a.m. Monday
Matthews confirmed that the gag order would remain in place on James Crumbley regardless of the verdict. Both sides agreed.
She then asked Smith, Keast, and McDonald to approach to discuss another matter. Audio was not allowed.
Court in session
- 9:10 a.m. Monday
Judge Matthews arrived. Court is in session.
Jennifer Crumbley arrives
- 9:05 a.m. Monday
Jennifer Crumbley was escorted into the courtroom by Oakland County deputies. She took her place next to Smith at the defense table.
Prosecution walks in
- 8:58 a.m. Monday
The prosecution walked into the courtroom in a group of about a half-dozen people.
Keast and McDonald are joined by chief assistant Oakland County Prosecutor David Williams, as well as Lt. Timothy Willis and two aides.
Shannon Smith in courtroom
- 8:49 a.m. Monday
When cameras turned on, Smith was in an otherwise mostly empty courtroom. Her aide is in the row behind.
ATF Special Agent Brett Brandon is the only person on the prosecution’s side of the courtroom.
What will happen today
- 8:39 a.m. Monday
Matthews told the jury not to discuss or research the case over the weekend and to be back at court by 9 a.m. Monday.
Today, all 17 jurors (including the alternates) will return. Five of them will be drawn by lot and taken to a separate room as the alternates. The other 12 will be sequestered separately.
If there is a problem with one of the 12 jurors, an alternate will be brought in as a replacement.
Why deliberations are just starting
- 8:24 a.m. Monday
Before closing arguments on Friday, defense attorney Shannon Smith told Judge Cheryl Matthews that she thought the jury could start deliberations before being sent home for the weekend.
Assistant Oakland County Prosecutor Marc Keast said he had no concerns about that, so it was the tentative plan going into the afternoon.
But the break before closing arguments lasted an hour and 58 minutes. Oakland County Prosecutor Karen McDonald delivered a 77-minute closing argument, and Smith’s lasted an hour and 40 minutes.
By the end of those arguments, Matthews said there was no time for the jury to begin deliberations, even though she had made arrangements so everyone could stay late.
Today’s live updates
- 8:09 a.m. Monday
Today’s live updates will be a little different than during the past seven days of testimony, because there won’t be as much actually happening in the courtroom while the jury deliberates.
We will bring you updates on everything meaningful that happens, whether it be procedural, instructions from the judge, or action by the jury.
In between, there will be highlights and explanations from the trial, as well as supporting information.
List of prosecution’s witnesses
- 7:58 a.m. Monday
Here is a full list of the witnesses called by the prosecution.
Thursday:
- Molly Darnell, an Oxford High School staff member at the time of the shooting.
- Kristy Gibson-Marshall, the assistant principal at Oxford High School.
- Cammy Back, who works at the gun store where the Crumbleys bought the gun used in the shooting.
- ATF Special Agent Brett Brandon.
Friday:
- Edward Wągrowski, of the Oakland County Sheriff’s Office computer crimes unit.
Monday:
- Kira Pennock, the owner of the horse farm where the Crumbleys kept their horses.
- Shawn Hopkins, a Oxford High School counselor at the time of the shooting.
- Sgt. Joe Brian, a detective sergeant with the Oakland County Sheriff’s Office.
Tuesday:
- Nicholas Ejak, the dean of students for Oxford High School at the time of the shooting.
- Andrew Smith, Jennifer Crumbley’s boss at the time of the shooting.
- Amanda Holland, a coworker of Jennifer Crumbley’s at the time of the shooting.
- Detective Adam Stoyek, of the Oakland County Sheriff’s Office.
- Sgt. Matthew Peschke, of the Oakland County Sheriff’s Office.
- Robert Koteles, of the Oakland County Sheriff’s Office’s forensic lab. He is a crime scene supervisor.
Wednesday:
- Lt. Sam Marzban, of the Oakland County Sheriff’s Office.
- David Hendrick, of the Oakland County Sheriff’s Office, who was in charge of finding the Crumbleys after the shooting.
- Luke Kirtley, the person who reported that the Crumbleys’ car was at a building in Detroit, where they were eventually arrested.
- David Shaw, a corporal for DPD and the first person into room where the Crumbleys were arrested.
- Brian Meloche, Jennifer Crumbley’s high school friend, and the man with whom she has an extramarital affair.
- William Creer, a forensic technician for Detroit police.
Thursday:
- Lt. Timothy Willis, of the Oakland County Sheriff’s Office.
Breakdowns from previous court dates
- 7:44 a.m. Monday
If you missed any of our updates from the seven days of testimony, or from the jury selection process, here are links to those articles:
Court schedule for Monday
- 7:31 a.m. Monday
Judge Cheryl A. Matthews asked the jury to return to the courthouse by 8 a.m. Monday to begin their deliberations.
The 17 jury members heard from 21 witnesses called by the prosecution. Jennifer Crumbley was the only person called to the stand by the defense.
Closing arguments left no time for deliberation on Friday, so the jury’s discussions are beginning fresh after the weekend.
