STATE OF MICHIGAN

th
IN THE 6 CIRCUIT COURT FOR OAKLAND COUNTY

THE PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff, Case No. 2022-279989-FH

Hon. Cheryl A. Matthews

v

JAMES CRUMBLEY,

Defendant.
______________________________________________________________________________

KAREN D. McDONALD (P59083) MARIELL R. LEHMAN (P74760)

Prosecuting Attorney Attorney for Defendant
Oakland County Prosecutor’s Office Lehman Law Firm, PLLC
1200 N. Telegraph Road 8113 Wilson Street
Pontiac, MI 48341 Shelby Township, MI 48316
Ph.: (248) 858-0656 Ph.: (586) 291-3414

MARC A. KEAST (P69842)

Assistant Prosecuting Attorney
Oakland County Prosecutor’s Office

Document Submitted for Filing to MI Oakland County 6th Circuit Court.

1200 N. Telegraph Road
Pontiac, MI 48341
Ph.: (248) 858-0656
______________________________________________________________________________

DEFENDANT’S MOTION FOR A SEPARATE TRIAL

NOW COMES Defendant, JAMES CRUMBLEY, by and through his attorney, Mariell

R. Lehman, and states as follows for his Motion for a Separate Trial:

1. James Crumbley and Jennifer Crumbley are each charged with four counts of

involuntary manslaughter contrary to MCL 750.321.

2. Undersigned Counsel received additional discovery, which included summaries

and audio recordings of interviews of potential witnesses, on November 3, 2023.

3. Upon review of the recently-provided discovery, it is apparent that a conflict exists.

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 4. Pursuant to MCR 6.121(C), defendants have the right to sever trials if they can

demonstrate that severance is necessary to “avoid prejudice to [their] substantial rights.” Mich. Ct.

R. 6.121(C).

5. Further, pursuant to MCR 6.121(D), defendants can sever their trials if they can

demonstrate that severance is “appropriate to promote fairness to the parties and a fair

determination of the guilt or innocence of one or more of the defendants.”

6. Severance of the trials of the defendants is necessary as the prosecution intends to

call one or both of the witnesses.

7. Mr. Crumbley is requesting a separate trial from his co-defendant:

(a) to avoid prejudice to Mr. Crumbley’s substantial rights;

(b) to promote fairness to the parties, including Mr. Crumbley; and,

(c) to ensure that a jury reaches a fair determination of the innocence or guilt

of Mr. Crumbley.

Document Submitted for Filing to MI Oakland County 6th Circuit Court.

8. If Mr. Crumbley is not granted a separate trial, Mr. Crumbley will be deprived of

his constitutional right to a fair trial, to be represented by effective counsel, the right to due process,

the right to confront the witnesses and evidence against him, and the right to fundamental fairness

under both the State and Federal Constitutions. See U.S. Const., Amends VI, XIV; Const 1963, art

1 § 20.

WHEREFORE for these reasons, Defendant James Crumbley asks that this Court grant his

motion for a separate trial.

Dated: November 10, 2023 Respectfully submitted,

Mariell R. Lehman
MARIELL R. LEHMAN (P74760)
Attorney for Defendant

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 PROOF OF SERVICE

On the 10th day of November, 2023, the undersigned certifies that a copy of Defendant’s

Motion for a Separate Trial was served upon the prosecution and Counsel for Jennifer Crumbley

by e-file and e-mail.

Respectfully submitted:

Dated: November 10, 2023 Mariell R. Lehman

MARIELL R. LEHMAN (P74760)

Document Submitted for Filing to MI Oakland County 6th Circuit Court.

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