PONTIAC, Mich. — The 15-year-old student charged in the Oxford High shootings has a court-appointed attorney as his parents have hired two private lawyers, a situation that may look bad but the teenager remains likely to get the best possible defense, experts said.
Ethan Crumbley faces murder, terrorism and other charges for the shootings in which four students were killed and six others and a teacher were wounded that could result in up to life in prison if he is convicted. Parents James and Jennifer Crumbley are charged with four counts each of involuntary manslaughter in connection with the shootings.
"I have talked with him but haven't even received any discovery in the case yet," said Paulette Michelle Loftin, who was appointed by court officials on the request by her young client because he could not afford his own attorney.
"I really don't have anything to say at this time."
A probable cause hearing in the case is scheduled for Dec. 13 before Rochester Hills District Judge Nancy Carniak. He is held in the Oakland County Jail without bond because of the seriousness of the charges.
James and Jennifer Crumbley, are both facing four counts of involuntary manslaughter in the deaths because they purchased the firearm that was used as a Christmas present for their son and did not have it safely stored in their home. They were arrested early Saturday morning when found hiding in a friend's Detroit studio after not showing up as arranged by their attorneys.
The Crumbleys are represented by Mariell Lehman and Shannon Smith. Smith has represented convicted former Michigan State University sports doctor Larry Nassar, who is essentially serving a life sentence in prison for sexual assault. Smith also has defended Dr. Jumana Nagarwala of Northville, whose female genital mutilation charges were dismissed by federal judges, including one who said federal officials engaged in "vindictive or retaliatory prosecution."
The Crumbleys are jailed in lieu of $500,000 cash surety bond each pending a Dec. 14 probable cause hearing before Rochester Hills District Judge Julie Nicholson.
Although the son and parents have different types of legal representation, legal experts said the son is still likely to receive proper representation from a veteran attorney.
"The public perception on this might not be very good," said Mitchell Ribitwer, a veteran Metro Detroit defense attorney who has handled dozens of high-profile cases during his career. "It might look like they (parents) are more interested in saving their own skins rather than providing their son with an attorney of choice.
"But a court-appointed attorney is not a bad arrangement," said Ribitwer, who has handled numerous appointments. "They are usually veteran attorneys who have handled criminal cases, know how the system works and how to provide the best possible defense for their clients."
Ribitwer said theoretically a defense attorney would seek a forensic evaluation for a client like Crumbley to determine whether he is criminally responsible — able to determine right from wrong and control his actions — and is mentally competent to aid in his own defense. Such evaluations are done by state psychiatrists and even after completed, an attorney could request an independent review of their client.
"There could be multiple reasons for the decision to hire their own lawyers," Ribitwer said. "Especially if they expected in advance they would face charges and whether their case is more defensible."
The optics of the Crumbley parents paying for private representation while their son receives a publicly funded defense are “in some ways much more disturbing than the reality,” said Catherine Ross, professor of law at George Washington University Law School.
Depending on their income and assets, it’s unlikely the Crumbleys would qualify as indigent in order to be eligible for a court-appointed attorney, she said.
“It is quite likely that, until they spend down much of their money, they couldn’t get a public defender if they wanted one,” Ross said.
There would be a clear conflict of interest were Ethan Crumbley to share a lawyer with his parents, since the parents likely will have arguments that run counter to their son's defense arguments regarding whether he acted independently, legal experts said.
“It would be ethically required for the defendant’s son to have separate legal counsel from his parents,” said Lawrence Dubin, an emeritus professor of law at the University of Detroit Mercy. ”Otherwise, there could be an impermissible conflict of interest.”
It’s possible that James and Jennifer Crumbley eventually get separate counsel as well if their defenses are at odds with each other, said Eve Primus, a professor of law at University of Michigan.
While it is true that public defenders often are underfunded and juggling many cases, it’s unlikely that a case of this magnitude would be assigned to anyone who does not have significant experience and the ability to take on a case of this size, Primus said.
Additionally, the parents’ ability to maintain a private attorney may be limited by finances, she said.
“I doubt in this case that the distinction between it being a public defender versus private defender is going to cut the way people assume,” Primus said.
