The mother of the Oxford High School shooter has asked to be released from prison while she appeals her involuntary manslaughter convictions. The attorney for Jennifer Crumbley filed the request this week with the Michigan Court of Appeals.

Her attorney argues that Crumbley should not be forced to remain prison while the legalities of the first-of-its-kind case are sorted out.

“At present, Mrs. Crumbley has been incarcerated for over three-and-a-half years,” says the filing dated Tuesday. “She should not be forced to serve additional years of incarceration before the appellate courts can decide, with finality, her dispositive and substantial legal questions of first impression which may result in her convictions being vacated.”  

Michael Dezsi, Crumbley’s attorney, told the Michigan Public Radio Network that Crumbley does not pose a threat if she is released on bond.

“The other thing that she has to prove in order to get a bond on appeal is that she has a substantial issue of law or fact and I don’t think anybody can deny that Mrs. Crumbley has a substantial question of law that she is presenting on appeal, namely which is did she even commit a crime in the first place,” he said.

Dezsi said the state’s manslaughter statute has never been used in this way to level charges against the parent of a murderer.

“They were different from anything we’ve ever seen before and it is our position that there certainly is no law in Michigan that allows for the prosecution to charge her for the intentional criminal acts of a third person, whether that be her son or somebody else,” he said.

Last week, an Oakland County judge denied the requests of Jennifer Crumbley and her husband, James, for new trials. Judge Cheryl Matthews held the Crumbleys received fair trials, although the prosecution should have shared details of some witness agreements.

Crumbley’s son is serving a life-without-parole sentence for the 2021 school shooting that killed four students and injured seven people. A jury convicted Jennifer and James Crumbley of involuntary manslaughter after prosecutors argued they failed to address clear signs their son was spiraling toward violence.

A spokesperson for Oakland County Prosecutor Karen McDonald said her office opposes releasing Jennifer Crumbley in part because she would be a flight risk.

“A jury convicted Jennifer Crumbley for her actions that led to the deaths of Hana St. Juliana, Tate Myre, Madisyn Baldwin, and Justin Shilling. That verdict was upheld after careful review by the Circuit Court,” said spokesperson Jeff Wattrick in an email. “Bond has been denied multiple times previously because Mrs. Crumbley was, and remains, a flight risk with no known ties to the community and a past attempt to conceal her whereabouts. The interests of justice are served by again denying bond so she can continue serving her sentence.”

Deszi said he expects the Court of Appeals to rule quickly on his motion. The court will also have to rule on whether to hear the appeal. He said whichever side loses will almost certainly take the case to the Michigan Supreme Court.

Recreational marijuana has been legal in Michigan for nearly six years, and cannabis culture is thriving. Dozens of dispensaries have opened up across the city and metro Detroit more broadly. 

But even as states like Michigan bring in millions of dollars in tax revenue from legalized cannabis, thousands of people are still sitting in state and federal prisons for marijuana offenses. And, as with many issues in the American criminal justice system, racism is central to this issue.

A 2020 report by the ACLU found that more than six million marijuana arrests occurred between 2010 and 2018. And in every state — including those that have legalized marijuana — Black people are still more likely to be arrested for marijuana possession than white people.

The nonprofit Last Prisoner Project is on Capitol Hill this week as part of a larger effort to lobby for justice reform. Founded in 2019, the organization works within the criminal justice system to help individuals who are still incarcerated for cannabis.

Adrian Rocha, director of policy for the project, joined The Metro on Wednesday to discuss the group’s efforts and the stark racial contrast in incarceration rates.

Use the media player above to hear the full conversation.

Listen to The Metro weekdays from 10 a.m. to noon ET on 101.9 FM and streaming on-demand.

More stories from The Metro