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    Letter To Judge Matthews

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    WXYZ-TV Channel 7 Detroit
    Letter to Judge Matthews

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    © All Rights Reserved
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    Letter To Judge Matthews

    Uploaded by

    WXYZ-TV Channel 7 Detroit
    4K views2 pages
    Letter to Judge Matthews

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    Letter to Judge Matthews

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    Letter to Judge Matthews

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Download as pdf
    4K views2 pages

    Letter To Judge Matthews

    Uploaded by

    WXYZ-TV Channel 7 Detroit
    Letter to Judge Matthews

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Download as pdf
    of 2
    Jullanne Cuneo n Jonathan Sacks Chit testator ee Katherine Mareur Managing Attorney, Direct Appeas Unit State Appeiate Defender Office Matilena David Tina Olson pa erate Denut Direc eee enemas wumesadaont Managing torn, rect Appeals Ut = z 8 January 22, 2024 © a Hon. Cheryl A Matthews 8 Oakland County Cireuit Court a Courthouse Tower g 1200 North Telegraph Road Pontiac, MI 48341 & Re: People v James Robert Crumbley; People v Jennifer Lynn Crumbley S Lower Court No. 2022-279989-FH; 2022-279990-FH 3 Dear Judge Matthews: 3 2 SADO has been appointed to represent Ethan Crumbley in his appeal in Case No. 5 2022- 279506-FC, Myself, and Alison Swain, are the Assistant Defenders assigned to s represent him, We received the assignment Monday, January 8, 2024, and have not 3 yet had the opportunity to speak with our client. 2 L understand from communication with the attorneys in the above-listed cases that Ethan Crumbley’s name appears on a witness list for at least one of these trials and that reports, records, and confidential communication subject. to privilege held by Ethan will be sought to be introduced in these trials. I only became aware of the efforts to introduce reports, records, and confidential communications late Friday, January 19, 2024. Given Ethan Crumbley's ongoing appeal and the substantial overlap in the subject matter in these three cases, we will advise Ethan to invoke his right to remain silent, should he be called to testify in either pending trial. ir 8 3 @ 2 o 3 oO a a w = irae Further, we will advise than to assert all privileges and protections of confidential communications relevant to documents and witnesses sought to be introduced in these trials (this includes but is not limited to forensic interviews, conversations with treatment providers, and documents or reports generated from the same). Some of these privileges are outlined in MCL 330.1750(2)(e)&(), which only permits limited use in the case of the defendant himself — no exceptions are noted for use in someone else’s trial. Preliminary research reveals that our courts have prohibited use of privileged and confidential information even in the defendant's own case, where the waiver obtained was not for that purpose. People v Cowhy, 330 Mich App 452 (2019), appeal denied 506 Mich 1032 (2020). And our courts have established that even the possibility that confidential and privileged information contained in competency reports could become public, would undermine justice. In re People v Atkins, Detroit News, Inc. v Recorder's Court Judge 202 Mich App.595 (1993), affirmed in part 444 Mich. 737 (1994). T understand some of these matters will be before Your Honor for decision at a status conference Monday morning and the timing requires Your Honor be informed that we as counsel for Ethan assert his rights, privileges, and protections, particularly that information subject to confidentiality and privilege not be admitted publicly at a trial without an opportunity to intervene and object. Should intervention be required, we will prepare a motion on Ethan's behalf. Sincerely, {si J. Ouvry isi A. Swain Jacqueline C. Ouvry Alison Swain Assistant Defender Assistant Defender [email protected] [email protected] Ce: Mare Keast, Oakland County Prosecutor's Office Shannon Smith, Counsel for Jennifer Crumbley Mariell Lehman, Counsel for James Crumbley

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