"We need him as a witness in this trial. Even if he gets up there and has to plead the Fifth ," Smith said in court on Monday.
"He can answer questions that are not covered by the Fifth Amendment. So we can call him as a witness. And I was just thinking that if his trial is scheduled after, I suppose he'll still plead the fifth." A well wisher kneels to pray at a memorial on the sign of Oxford High School in Oxford, Mich., on Wednesday, Dec. 1, 2021.
Judge Cheryl Matthews also denied the defense's motion to move to the case out of Oakland County and ruled that some evidence cannot be used at trial, including Ethan's internet search history, his mother's alleged affair, the parents' drug and alcohol use, and disturbing Instagram posts that Ethan is accused of making
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