By Dean Vaglia
Leader Staff Writer
All suspects in the Nov. 30 shooting returned to court last week for probable cause hearings, the parents on Tuesday, Dec. 14 and the student on Monday, Dec. 13.
A probable cause hearing is a routine step in the legal process where the court hears from arresting authorities or prosecutors to determine whether the accused’s continued detention is justified.
Appearing in person at the 52nd District Court – Division 3 in Rochester Hills before Judge Julie Nicholson, the prosecution asked to move back the parents’ preliminary examination into 2022. Karen McDonald, county prosecutor, justified the request by citing the ethics of asking parents and victims about trauma that is so raw and the sheer amount of evidence both sides of the case will need to sift through.
“[After the defense agreed to a protective order for sensitive evidence,] we tendered approximately 500 pages of discovery, which I am told [the defense] were in possession of late afternoon [on Monday],” Karen McDonald, county prosecutor, said. “That was simply the first wave of data that we have, your honor. We’ve received another 40GB of data consisting of additional reports, recordings of witness interviews, surveillance videos and witness statements, all of which must be reviewed and tendered.”
McDonald expects 15 to 20 witnesses will appear for the preliminary examination which should take about three to five days.
After speaking with the attorneys, Nicholson agreed to move the preliminary examination to 1:15 p.m. on Feb. 8, 2022.
Defense attorneys expect to file a motion addressing the parents’ bond price, scheduled for Jan. 15, 2022 at 1:15 p.m. Their current bonds are each $500,000.
James Crumbley attempted to communicate with Jennifer Crumbley, though deputies quickly shut this down.
The suspected shooter appeared via video the day prior from the Oakland County Jail before Judge Nancy Carniak, who also operated from the 52nd District Court – Division 3 in Rochester Hills.
Attorneys in his case asked for rescheduling as well, Carniak agreeing to adjourn the probable cause hearing until Jan. 7, 2022.
Defense attorneys and the suspect’s court-appointed guardian asked Carniak for him to be returned to the county juvenile detention facility, citing the juvenile facility is better suited for inmates his age and that he will not receive proper education in the adult-oriented county jail.
Prosecuting attorneys pushed back against the request, citing the severity of the crimes tied to the suspect and that the juvenile facility is less secure. According to an Oakland Press article, two teens escaped the facility on the evening of Nov. 21.
Carniak rejected the request, though she reminded the prosecution that the suspect must be fully sequestered from adult inmates as per Michigan statute.
“[The suspect]’s conduct could be a menace to other juveniles,” Carniak said. “I think his placement is appropriate in the adult facility, specifically the Oakland County Jail.”
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