Jailed mom of school shooter Ethan Crumbley makes desperate bid for freedom

The jailed mother of Michigan school shooter Ethan Crumbley has made a desperate plea for her freedom.

Jennifer Crumbley was dramatically sentenced in April to up to 15 years behind bars on involuntary manslaughter charges along with her husband, James, marking the first time parents faced criminal charges over their child's school shooting.

Her new defense attorney now claims it would be 'grossly unfair and unjust' to keep her behind bars at the Women's Huron Valley Correctional Facility for years while she appeals her conviction.

Appellate attorney Michael Dezsi also wrote in a motion on Thursday that she poses no threat to anyone, and said that her appeal raises 'a substantial question of the law' that ultimately must be answered by the Michigan Supreme Court - whether parents should be prosecuted under the legal theory they have a duty to protect potential victims.

He argued that no such legal duty exists for the general public - comparing it to a bystander being prosecuted for failing to stop a robbery or a suicide in front of a train, according to the Detroit Free Press.

'There's no reason to keep her locked up,' Dezsi told ABC News of his client. 'She hasn't hurt anyone and she's not a flight risk.

'This case is an overreach, blaming a parent for the problems of a whole nation,' he argued of the November 2021 Oxford High School shooting.

'Keeping Mrs. Crumbley in prison sets a bad example and rewards unfair prosecutions,' Dezsi continued. 

'We're not just standing up for her - we're standing up for all Americans who could face this kind of situation some day,' he added.

In his filing, Dezsi argued that Crumbley should not be held responsible for the actions of her son, considering he was charged as an adult in the murders of Madisyn Baldwin, 17; Hana St Juliana, 14; Justin Shilling, 17; and Tate Myre, 16. 

Seven others, including a teacher, were also injured in the mass shooting.

'[T]his case has been bungled, starting with the prosecution's overreaching charge of involuntary manslaughter of a parent for the intentional criminal acts of her son, who was charged and treated as an adult in the eyes of the law,' the attorney wrote in the filing.

He added that 'it would be grossly unfair and unjust to keep Mrs. Crumbley locked up for years' as her appeal continues, noting that she has already served more than three years behind bars.

'Given the overtly tenuous nature of these charges, the prosecution should not reap the reward of a lengthy unlawful incarceration before the Michigan Supreme Court can hear and decide this case,' Dezsi wrote.

He went on to argue that the prosecution at her trial intentionally brokered secret agreements with two school officials, which protected them from having statements they made to police in the aftermath of the November 30, 2021 shooting used against them.

Those agreements were never disclosed to the jury or defense, which could not cross examine the witnesses about their motives for testifying, Dezsi claimed as he argued the school officials used their testimony to blame Jennifer in an effort to protect themselves from scrutiny over their own mistakes.

No school officials have been charged with any wrongdoing, though, and the prosecution has maintained that it had no obligation to turn the proffer agreements over to the defense considering they never granted the witnesses any immunity.

Yet Dezsi used the agreements to ask a judge to toss Jennifer's conviction or grant her a new trial.

'The suppression of these secret agreements violates the most basic, well-understood duties of a prosecutor to turn over all evidence that is favorable to the defense or could be used for impeachment purposes,' he said, arguing it is a constitutional violation.

Dezsi also argued that Crumbley is not likely to pose a danger to the public if she were to be released on bond.

He noted that she is not accused of committing any violent acts, but was charged for gross negligence and failure to control her child.

'There are no facts from which to find that Mrs. Crumbley threatened any individual, and there are no facts from which to find that she poses a risk of violence or assaultive behavior to anyone,' Dezsi wrote, noting that she has no prior criminal record except for two misdemeanors dating back 20 years.

'By granting bond, with or without conditions, the prosecution stands to lose nothing while these substantial issues of law are decided with finality by the appellate courts,' he argued. 

The petition is now before Oakland County Circuit Court Judge Cheryl Matthews, who previously ruled there was enough evidence to send both Jennifer and her husband's involuntary manslaughter cases to a jury.

Prosecutors have several weeks to file a response, but argued in a statement that Jennifer needs to stay locked up.

'Jennifer Crumbley was tried by a jury of her peers for her own actions and inactions leading to the shooting at Oxford High School - not for the actions of her son,' Chief Assistant Prosecutor David Williams said.

'A jury of 12 individuals listened to testimony and reviewed countless pieces of evidence before they unanimously found her guilty as charged, and she was sentenced by the judge accordingly.

'This was an egregious set of facts that resulted in a conviction along with a 10 to 15 year prison sentence,' he continued.

'The legal issues raised by Jennifer Crumbley have already been heard and rejected  by the Michigan Court of Appeals,' Williams argued - though Dezsi maintains that the issue of whether Crumbley had a duty to act has not yet been raised in any court.

Prosecutors have also previously argued that Jennifer could not be trusted not to flee, given her behavior after the shooting.

She and her husband had fled the Oxford Township area after charges against them were announced. 

They remained on the run for around a day, drained their bank accounts, and turned off their phones before being captured in a Detroit art studio, moves that took center stage at their trials. 

'These are not the actions of individuals who wanted to turn themselves in,' Oakland County Prosecutor Karen McDonald previously argued, counter to the Crumbleys' claims they were never on the run and were just afraid of all the threats and negativity they were facing.

The couple had claimed they were planning to turn themselves in. 

Separate juries ultimately found Jennifer and James ignored their son's pleas for mental health help while buying him the firearm he used to shoot up his school.

The jurors saw Ethan's diary in which he detailed how his parents 'won't help' and also wrote: 'I have fully mentally lost it after years of fighting with my dark side. My parents won't listen to me about... [a] therapist.' 

A significant portion of both parents' trials was also spent on a school meeting the morning of the shooting. 

Ethan's teachers had become concerned after looking at his math homework, where he made disturbing drawings of shootings and wrote: 'The thoughts won't stop, help me.'

Unbeknownst to others in the room, Ethan had stolen the 9mm semiautomatic handgun from his home, which James had failed to lock up. At his trial, it was heard that the cable lock for the gun was still in its packaging inside the box. 

James and Jennifer were brought into school to discuss the drawings, but both said they were 'too busy' to take him home and went back to work. Less than two hours later, Ethan opened fire. 

Jennifer later blamed her husband, son and his school for the tragedy when she took the stand at her own trial.

'I've asked myself if I would have done anything differently, and I wouldn't have,' she testified.

But at her sentencing, Jennifer argued her comments were 'completely misunderstood.'

'With the benefit of hindsight, my answer would be different. Ethan was not the son I knew. People used to say he was a 'perfect kid' - I truly believe that,' she said. 

She then used the opportunity to speak to warn other parents that they could end up in her position, saying: 'Never think this could not happen to you. This could be any parent up here. 

'I still love my son unconditionally.' 

Ethan is now serving a life sentence without the possibility of parole.