Oxford High School shooter won't testify at Jennifer Crumbley's trial

OAKLAND COUNTY, Mich. (Fox 2) - The Oxford High School shooter won't testify at his mother's trial despite Jennifer Crumbley's attorney wanting to question him.

The teen shooter, who is currently in prison after being handed a life without parole sentence, was called as a witness to testify. However, his new attorneys from the State Appellate Defender Office pushed back against that.

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His attorneys will be appealing his sentence. In a letter filed last week, they said they would be telling the shooter to invoke his Fifth Amendment right if called to testify. Because of this, he will not be brought in as a witness.

Crumbley's lawyer, Shannon Smith, challenged this because she was planning to call him as a witness. Smith also wants to question doctors about the shooter's mental health but is not able to because of the shooter's choice to remain silent.

"I think it's disingenuous for the defense to say that they're surprised that the shooter would be taking the fifth," Judge Cheryl Matthews said.

Matthews said that since the shooter is invoking his Fifth Amendment right, there are no relevant questions he could be asked that wouldn't violate that right.

"With regard to asking the shooter to testify, it's not that I'm saying you can't call him as a witness, but two of his attorneys have said in no uncertain terms, that he's taking the Fifth," Matthews said. "You are not allowed to put someone on the stand knowing that they're going to take the Fifth."

Smith argued that comment by asserting that the shooter does not have the same rights after his guilty plea and sentence.

The judge said she would not allow anyone who has invoked the Fifth Amendment to testify in her courtroom.

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