Friday, February 18th:
*Motions Hearings for all (Federal case) (@ 10am CT) - MI – Plot to kidnap Michigan Governor Gretchen Whitmer -
*Adam Dean Fox (39/now 40) (born 1983) of Grand Rapids,
*Barry Gordon Croft, Jr. (44/now 45) (no birth date given) from Bear, Delaware (waiting to be extradited to MI), *
Kaleb James Franks (26) (born 1994) of Wexford,
*Daniel Joseph Harris (23) (born 1997) of Lake Orion &
*Brandon Michael-Ray Caserta (32) (born 1988) of Canton arrested &
charged (10/8/20) & indicted (12/17/20) with conspiracy to commit kidnapping. All charged with a federal crime. All are being held without bond. All plead not guilty (12/17/20).
*Adam Dean Fox additional
charges (4/28/21) with knowingly conspiring to use weapons of mass destruction against persons or property in addition to the kidnapping conspiracy charged in October 2020. The superseding indictment further alleges that
Fox, Croft & Harris intended to use the devices to destroy a nearby bridge, in effect, harming & hindering the governor’s security detail and any responding law enforcement officers.
*Barry Gordon Croft, Jr. additional
charges (4/28/21) with knowingly conspiring to use weapons of mass destruction against persons or property in addition to the kidnapping conspiracy charged in October 2020. The superseding indictment further alleges that Fox, Croft & Harris intended to use the devices to destroy a nearby bridge, in effect, harming & hindering the governor’s security detail and any responding law enforcement officers & superseding indictment also alleges that on Sept. 13, 2020 in Lake County, Michigan, Croft & Harris knowingly possessed a destructive device that was not registered to them in the National Firearms Registration & Transfer Record as required by federal law. Harris is alleged to have possessed, between July 10, 2020 & Sept. 13, 2020, an Anderson Manufacturing, Model AM-15, .223/5.56 mm caliber semiautomatic assault rifle with a barrel of less than 16 inches in length, that was not registered to him.
*Daniel Joseph Harris additional
charges (4/28/21) with knowingly conspiring to use weapons of mass destruction against persons or property in addition to the kidnapping conspiracy charged in October 2020. The superseding indictment further alleges that Fox, Croft & Harris intended to use the devices to destroy a nearby bridge, in effect, harming & hindering the governor’s security detail and any responding law enforcement officers & superseding indictment also alleges that on Sept. 13, 2020 in Lake County, Michigan, Croft & Harris knowingly possessed a destructive device that was not registered to them in the National Firearms Registration & Transfer Record as required by federal law. Harris is alleged to have possessed, between July 10, 2020 & Sept. 13, 2020, an Anderson Manufacturing, Model AM-15, .223/5.56 mm caliber semiautomatic assault rifle with a barrel of less than 16 inches in length, that was not registered to him.
Trial set to begin on 3/8/22. (expected to last 3 weeks).
Criminal Complaint & court info from 10/9/20 thru 12/25/21 reference post #394 here:
MI - 14 men charged in plot to kidnap Michigan Governor Gretchen Whitmer, Oct 2020 *Garbin guilty*
1/6/22 Update: Federal prosecutors say a key FBI informant in the alleged plot to kidnap the governor of Michigan was a “double agent” who was “working against the interests of the government” by trying to destroy evidence & prevent arrests. The confidential informant, Stephen Robeson, played a central role in the investigation that led to the arrest of 14 men for allegedly participating in a plot to kidnap Gov. Gretchen Whitmer in October 2020. At the direction of his FBI handlers, Robeson reached out to potential targets, organized meetings & paid travel expenses for people to attend such events. Now the government appears to be disowning its own operative, saying he deceived the FBI & at times actively aided targets of the investigation. In a court filing Thursday (1/6/22), prosecutors said that Robeson violated the terms of his agreement with the FBI, including by possessing firearms despite having felony convictions, offering the use of “charity funds to purchase weapons for attacks,” and offering a drone to “aid in acts of domestic terrorism.” In addition, the filing said that Robeson failed to record “pertinent conversations & events,” didn’t tell his government handlers about other recordings he’d made, tried to delete recordings & attempted to warn “at least one of the defendants shortly before their arrest” in October 2020. The government’s response, laid out in the new filing, has been to disavow Robeson entirely. In the filing, they call him “an unreliable declarant” — legal speak for a liar — and say that his statements cannot be used as evidence. Motion hearing on pending motions in limine is set for 1/18/22 at 10am before Chief Judge Robert J. Jonker. All other motions to be filed by 1/14/22. Final pretrial conference reset for 2/18/22 at 10am before Chief Judge Robert J. Jonker.
1/18/22 Update: The case resumed in federal court Tuesday in a lengthy hearing to determine what evidence will be shown to jurors for a trial slated to begin on 3/8/22. Recent filings by defense lawyers attempt to portray the accused men as entrapped by secret government agents who egged them on. In a Jan. 10 brief, the defendants demanded access to complete government recordings – some that were made using key fobs – so they can use the statements of those agents to prove they were not the driving force behind the plan. Chief U.S. District Judge Robert Jonker said it was a “stretch” for the defense to ask for a dismissal of the charges, but wanted to know why the idea of predisposition to such plotting should be introduced in opening statements. Jonker acknowledged there are other motions pending & said he would address them soon. In the meantime, he said he would take the arguments into consideration & have a decision as soon as he could but warned it could take until the eve of the trial. Fox, Croft, Franks, Harris & Caserta each face up to life in prison if convicted of kidnapping conspiracy charges. Fox, Croft and Harris could also get a separate life sentence if convicted of conspiracy to use a weapon of mass destruction. Croft & Harris each face up to 10 years in prison if they're found guilty of possession of an unregistered destructive device. Harris could be sentenced to a decade behind bars if convicted of possession of an unregistered short barrel rifle. Judge Jonker denied the motion to dismiss case. Next final pretrial conference hearing on 2/18/22.
1/26/22: On Wednesday, Chief U.S. District Judge Robert Jonker denied Kaleb Franks permission to raise "wider, national concerns" regarding the FBI's alleged use of undercover agents & informants in the 2021 insurrection. Franks also wanted jurors to hear about a U.S. senator's questions about the FBI's actions in the riot, alleging the inquiries are relevant to an "objective" entrapment defense because they "show the government's consciousness of overreaching."
1/2/22 Update: Jurors will be allowed to hear about the criminal records & other prior allegations involving the defendants, U.S. District Judge Robert Jonker said Wednesday. Prosecutors asked permission to divulge the rap sheets & allegations to help establish the defendants' predisposition to kidnapping Whitmer & rebut an anticipated defense strategy that undercover FBI agents & informants entrapped the men. The prior crimes & bad acts are similar enough to the kidnapping conspiracy allegations, the judge wrote.
2/7/22 Update: Kaleb Franks has agreed to plead guilty & help the government try to fight defense claims of entrapment during next month's trial. Will plead guilty to kidnapping conspiracy, which is punishable by up to life in federal prison, according to a plea deal filed in court Monday that reveals new details about how accused plotters focused their attention on Michigan's governor. The deal, which requires Franks to cooperate with federal investigators & testify, includes a section aimed at fighting an expected entrapment defense by four accused plotters during next month's trial. The section describes how Franks learned after he was arrested in October 2020 that the FBI used undercover agents & as many as a dozen informants.
*Ty Gerard Garbin (24) - plead guilty (1/27/21) to kidnapping conspiracy & was sentenced (8/25/21) to 6 years & 3 months in Federal prison. Garbin will testify at the trial of the other defendants. Lengthy testimony & repeated debriefings have been critical in building a case to counter defense arguments that revolve around free speech issues as well as accusations of entrapment by federal undercover informants, Nils R. Kessler, the lead U.S. attorney on the case.
(for Antrim County on 4/14/21 except Higgins on 11/19/20 & Jackson County on 2/23/22)
