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Is James Crumbley’s attorney different from his wife’s? Answering your top trial questions

We’re breaking down answers to common questions

James Crumbley is escorted out of a hearing in Rochester Hills, Mich., Tuesday, Dec. 14, 2021. (AP Photo/Carlos Osorio) (Carlos Osorio, Copyright 2021 The Associated Press. All rights reserved.)

OXFORD, Mich. – We’ve received several questions about the upcoming trial of James Crumbley, father of the Oxford High School shooter, and how it will be different from his wife’s.

James Crumbley is preparing to stand trial on four counts of involuntary manslaughter in connection with the four children murdered by his son on Nov. 30, 2021. James’ wife, Jennifer Crumbley, stood trial on the same charges earlier this year. She was found guilty of all four counts.

The jury selection process for James Crumbley’s trial began this week. His trial will start after the jury is seated.

Our newsroom has received many viewer questions about how James Crumbley’s upcoming trial. We’re answering the most common questions below.

Is James Crumbley’s attorney the same as Jennifer Crumbley’s?

No. James and Jennifer Crumbley are represented by two separate attorneys.

The Crumbley parents were initially charged together as co-defendants in this case. They were both charged with four counts of involuntary manslaughter. They were represented by two separate attorneys from the same law firm, and were scheduled to stand trial together in January this year.

At the end of 2023, however, attorneys for the parents requested their trials be severed. The Oakland County judge granted their request, allowing the parents to have their own, separate trials.

When the parents severed their legal ties, it appears their attorneys separated, as well. James Crumbley’s attorney, Mariell Lehman, no longer works for the firm belonging to Jennifer Crumbley’s attorney, Shannon Smith.

Mariell Lehman (pictured below) will be representing James Crumbley at his trial.

PONTIAC, MI - MARCH 22: Jennifer Crumbley (L) and her husband James Crumbley, parents of the Oxford High School shooter, appear in 6th Circuit Court for their pretrial hearing with James Crumbley's defense attorney Mariell Lehman (C) on March 22, 2022 in Pontiac, Michigan. (Photo by Bill Pugliano/Getty Images) (2022 Getty Images)

Will the prosecutors be the same?

Yes, the same prosecutors are prosecuting both cases.

The Oakland County Prosecutor’s Office has been prosecuting this case from the beginning. They already represented the people during the trial of Jennifer Crumbley, and will be doing the same at James’ trial.

The same members of the prosecution team are expected to remain heavily involved in James Crumbley’s trial, especially Prosecutor Karen McDonald and Assistant Prosecutor Marc Keast.

Oakland County Prosecutor Karen D. McDonald gives her rebuttal statement during Jennifer Crumbley's trial, Friday, Feb. 2, 2024, in Pontiac, Mich. (AP Photo/Carlos Osorio, Pool) (Copyright 2024 The Associated Press. All rights reserved)

Will the judge be the same?

Yes, Oakland County Judge Cheryl Matthews will preside over James Crumbley’s trial, just as she did Jennifer Crumbley’s trial.

Judge Matthews has been handling the parents’ cases since the beginning, and before their trials were severed.

Judge Cheryl Matthews speaks with attorneys during a jury trial for Jennifer Crumbley at the Oakland County Courthouse on Wednesday, Jan. 31, 2024, in Pontiac, Mich. Crumbley is charged with involuntary manslaughter. (Katy Kildee/Detroit News via AP, Pool)

Why does James Crumbley wear headphones in court?

Courtroom headphones are offered for people who have trouble hearing, or for those who require translation services. James Crumbley reportedly has difficulty hearing, and the headphones are meant to help him better understand courtroom proceedings.

Sanitary coverings can typically be seen on the headphones worn by James Crumbley.

Will James Crumbley take the stand?

This is something we are not able to answer. We don’t know if James Crumbley will take the stand to serve as a witness in his own defense.

He is not obligated to act as a witness at his trial. Whether or not he’ll testify truly depends on his attorney’s strategy, which we won’t know until the trial begins.

He cannot be called to the stand by prosecutors. He will only take the stand if he and his attorney, Mariell Lehman, decide to.

Will Oxford students testify at the trial?

Judge Matthews has given the OK for one student injured in the shooting to take the stand during James Crumbley’s trial.

The prosecution added two students who were shot by the gunmen to their potential witness list. Despite objections from the defense, the judge said prosecutors could add one of the students to their list, and that prosecutors could choose which one.

Prosecutors may choose to not call the student to the stand. If they do take the stand, prosecutors are not allowed to ask questions about ongoing emotional or physical trauma and the like. The judge put restrictions in place to ensure the student’s testimony focuses on the events of the shooting, and not the impact it had on them personally.

Only one student has been approved to testify at the trial. Other school staff, however, could be called to the stand.

Will the shooter take the stand?

No, the Oxford High School shooter himself will not testify at his father’s trial.

The shooter and his representation have repeatedly asserted his Fifth Amendment rights, which protect him from self-incrimination. The constitutional right allows a person to refuse to make statements that are potentially incriminating, and to refuse to testify at a criminal trial.

Attorneys are also not allowed to knowingly introduce inadmissible evidence. If they do, it would be grounds for a mistrial.

Because the shooter has said he will take the Fifth, attorneys can’t call him to the stand knowing he won’t offer any testimony. To ensure there is no chance for a mistrial, the court is not allowing attorneys to call the shooter to the stand.

---> Why the Oxford shooter didn’t testify at his mother’s manslaughter trial

Will James Crumbley wear jail clothes?

No, James Crumbley will not be wearing an inmate uniform during his trial. He is allowed to dress in regular, court-appropriate clothing while in the courtroom with the jury.

He will also not be wearing handcuffs or chains when the jury is in the courtroom with him.

These allowances are to protect the defendant from unfair prejudice from the jury.


---> Why I don’t expect James Crumbley’s trial to simply be a replay of his wife’s


About the Author
Cassidy Johncox headshot

Cassidy Johncox is a senior digital news editor covering stories across the spectrum, with a special focus on politics and community issues.

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