MI - 14 men charged in plot to kidnap Michigan Governor Gretchen Whitmer, Oct 2020 *8 guilty, 5 NG*


In another case related to the Whitmer kidnapping plot, Pete Musico, his son-in-law, Joseph Morrison, and acquaintance Paul Bellar were found guilty last month by a Jackson County jury of materially aiding a terrorist and being a member of a gang as part of the kidnapping scheme. Sentencing is scheduled for Dec. 15.
 

Nov. 24, 2022

TRAVERSE CITY — A preliminary hearing in the criminal case against five men facing state charges in an accused 2020 plot to kidnap the governor will resume Dec. 7 in front of 86th District Court Judge Michael Stepka.

Shawn Fix, Eric Molitor, Michael Null and William Null, all of Michigan, are charged with one count each of providing material support or resources for an act of terrorism and one count each of possession of a firearm during the commission of a felony.

Brian Higgins, a resident of Wisconsin, is charged with one count of providing material support or resources for an act of terrorism.
[.....]
The state has filed its brief requesting the judge bind the case over to 13th Circuit Court for trial. Defense attorneys have filed briefs in opposition and Stepka is expected to rule on the possible bind-over when the hearing resumes, court records show.
[.....]
The preliminary hearing in the criminal case against the five Antrim County defendants is scheduled to resume at 1:30 p.m. Dec. 7 in 86th District Court on Washington Street.

Court staff confirmed the proceedings also will be live-streamed on the judge’s YouTube channel.
 
Wednesday, December 7th:
*Preliminary Hearings for all (State case-Antrim County) (@ 1:30pm CT) – MI – Plot to kidnap Michigan Governor Gretchen Whitmer - *Eric Molitor (36/now 38) of Cadillac arrested & charged (10/7/20) & arraigned (10/8/20) with providing material support for terrorist acts & carrying or possessing a firearm during the commission of a felony. Bond set at $250K (10% cash or surety). Bond reduced (1/13/21) to $100K (10% cash or surety). Out on bond (1/13/21) with GPS monitor & other conditions. No longer on GPS (9/16/22).
*Michael Null (38/now 40) of Plainwell arrested & charged (10/7/20) & arraigned (10/8/20) with providing material support for terrorist acts & carrying or possessing a firearm during the commission of a felony. Cash bond of $250K. Bond reduced (12/16/20) to 10%, cash or surety. Bond was posted, out of jail. Remains on electronic monitoring.
*William Null (38/now 40) of Shelbyville arrested & charged (10/7/20) & arraigned (10/8/20) with providing material support for terrorist acts & carrying or possessing a firearm during the commission of a felony. Cash bond of $250K. Bond reduced (12/16/20) to 10% cash or surety. Bond was posted & is out of jail. Remains on electronic monitoring. No longer on GPS (9/16/22).
*Shawn Michael Fix (38/now 40) of Belleville arrested & charged (10/7/20) & arraigned (10/9/20) with providing material support for terrorist acts & carrying or possessing a firearm during the commission of a felony. Plead not guilty. $250K cash/surety bond. Bond out on 11/10/20.
*Brian Higgins (51/now 54) of Wisconsin Dells, WI. arrested & charged (10/15/20) with material support of an act of terrorism. Will be extradited to Antrim County. Wisconsin: Bail $10K Cash (10/19/20 paid cash-released w/GPS tracking monitor). No longer on GPS (9/16/22).
Court info from 10/8/20 thru 4/27/22 reference post #680 here:
https://www.websleuths.com/forums/t...rnor-gretchen-whitmer-oct-2020.546457/page-34

8/31/22 Update: FBI special agent Henrik Impola answered hours of questions Wednesday, including addressing the issue of one of the informants being a double agent who tried to sabotage the investigation & another agent for using marijuana. An FBI agent answered hours of questions Wednesday about his involvement in the agency's investigation into an alleged plot to kidnap Gov. Gretchen Whitmer in a third day of hearings for five men charged. The proceedings also included scrutiny of the FBI’s informants & their trustworthiness. The defense attorneys representing five of the members of the alleged plan to kidnap Whitmer got their chance Tuesday & Wednesday to dispute Impola's testimony, notably over the investigation's use of third-party evidence, including audio recordings, photos & videos Impola himself did not take. There will be hearings all week for Grand Traverse District Judge Michael Stepka to decide if there's enough evidence for the five men to stand trial.
9/2/22 Update: The next thing is for the judge to decide whether enough evidence was presented at the preliminary hearing for these cases to go to trial. It's been close to two years now since these men were originally arrested. The five defendants in the case in Antrim County have all been out on bond wearing GPS tethers. The judge is set to decide whether they continue to need to wear those GPS tethers & whether there's going to be an actual jury trial against these five defendants.
9/19/22 Update: Molitor: Bond hearing held. GPS tether no longer required. Hold pending next event.
9/23/22 Update: 6th District Court Judge Michael Stepka ruled that the 5 defendants will no longer be required to wear ankle tethers. "Given the defendant’s performance on bond, the court no longer sees the need for the tethers. I don’t think they are a flight risk. They have been working closely with their attorneys & I don’t think there will be any issue going further." At Thursday's bond hearing, Assistant Attorney General Philip Jacques voiced the state's objection to the judge's ruling, saying, "Given the nature of the charges ... the people believe the defendants pose a serious risk to the community." Stepka has yet to rule on binding the defendants over to circuit court. However, as of Sept. 16, the defendants are no longer required to wear their ankle tethers. Stepka asked each one of the defendants to contact the Antrim County Courthouse to return the devices.
11/24/22 Update: A preliminary hearing in the criminal case against five men facing state charges in an accused 2020 plot to kidnap the governor will resume on 12/7/22 @ 1:30pm in front of 86th District Court Judge Michael Stepka. The state has filed its brief requesting the judge bind the case over to 13th Circuit Court for trial. Defense attorneys have filed briefs in opposition & Stepka is expected to rule on the possible bind-over when the hearing resumes.
 

86th District Judge Michael Stepka ruled that evidence presented in a preliminary hearing justified a trial in Antrim County, where Whitmer’s Elk Rapids vacation home is located and prosecutors say the abduction was to happen. Prosecutors say four of the defendants scouted the house and surroundings, and there was talk of blowing up a bridge to keep police from responding.

“There is clearly a criminal conspiracy here,” Stepka said as he summarized testimony and exhibits from the hearing. “They knew what they were doing. They were all involved in the plot to kidnap the governor.”

After his ruling, Stepka entered not-guilty pleas on the defendants’ behalf. The trial will be conducted in circuit court. No date was set but a pretrial conference was scheduled for Dec. 19.

 
Monday, December 12th:
*Sentencing Hearing (Federal case) (@ 2pm CT) - MI – Plot to kidnap Michigan Governor Gretchen Whitmer - for *Adam Dean Fox (38/now 40) (born 1983) of Grand Rapids, *Barry Gordon Croft, Jr. (44/now 46) (no birth date given) from Bear, Delaware 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. Both 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 & 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.
Re-Trial (for Fox & Croft) began on 8/9/22 with jury selection, Trial began on 8/10/22 & government rested their case on 8/18/22. Defense began their case on 8/18/22 & ended on 8/19/22. Jury: 12 jurors & 6 alternates. 8/10/22: Juror out sick replaced with alternate. 12 jurors & 5 alternates. Jury Deliberations Day 1 (8/22/22): ~5 hours (from 12noon to 5pm). Day 2 (8/23/22): ~3 hours = Total deliberations: ~8 hours.
Criminal Complaint & court info & first trial from 10/9/20 thru 6/30/22 & Re-Trial Day, Jury Selection (Day 1-2) 8/8-8/9/22 & Trial (Day 1-10) 8/10-8/23/22 & Jury Deliberations Day 1-2 (8/22-8/23/22 reference post #676 here:
https://www.websleuths.com/forums/t...whitmer-oct-2020-garbin-guilty.546457/page-34

8/23/22 Update: The jury returned a verdict & found Adam Fox guilty of conspiracy to kidnap the governor & conspiracy to use a weapon of mass destruction. Barry Croft Jr. was found guilty of conspiracy to kidnap the governor, conspiracy to use a weapon of mass destruction & possession of an unregistered destructive device. Sentencing hearings for Fox on 12/12/22 @ 2pm & for Croft on 12/28/22 @ 10am.
9/6/22 Update: Fox & Croft's defense attorneys asked a federal judge for a new trial Tuesday & for a rare hearing to investigate misconduct allegations involving a juror. Details were unavailable because U.S. District Judge Robert Jonker has gagged defense lawyers from commenting publicly & ordered the sealing of court filings that address juror misconduct allegations. But the filing late Tuesday included a sealed memo from a defense team investigator, suggesting new details have been uncovered about the conduct of a juror in the two weeks since ringleaders Fox & Croft were convicted of kidnapping conspiracy & conspiracy to use a weapon of mass destruction. The request could result in Fox & Croft standing trial for a third time. The judge & his staff investigated the juror allegation & questioned the juror in private before deciding to let the juror stay on the case. The juror, who has not been identified publicly by name, gender or juror number, did not appear to be manipulative & denied having a predetermined desire to convict the men, Jonker wrote in a court filing. Court has 14 days to response to the motion.
9/21/22 Update: Fox & Croft do not deserve a new trial because they failed to provide credible evidence of juror misconduct or that the judge was biased, prosecutors said in a court filing unsealed Wednesday. U.S. District Judge Robert Jonker unsealed a redacted version of the government's filing, two weeks after lawyers for ringleaders Fox & Croft requested a new trial, arguing the judge was openly hostile toward the defense & revealing that one juror leaked details about deliberations. Fox & Croft were convicted in August of kidnapping conspiracy & conspiracy to use a weapon of mass destruction & are awaiting possible sentences of up to life in prison. "New trials are reserved for cases in which a 'manifest injustice' has been done such that an innocent person may have been convicted," Assistant U.S. Attorney Nils Kessler wrote. "The defendants have not met their burden of establishing good cause for a new trial."
11/25/22 Update: A federal judge has denied the motion for a new trial for Croft & Fox. Lawyers for the men had argued the federal judge hearing their case did not give them a fair trial, which the judge denied in an opinion released Friday (11/25/22).
*Daniel Harris (24) – Found not guilty (4/8/22).
*Brandon Caserta (33) – Found not guilty (4/8/22).
*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.
Kaleb James Franks (26) – Plead guilty (2/7/22) to kidnapping conspiracy. Will testify at trial & will be sentencing afterwards. 10/6/22: Was sentenced to 4 years in Federal prison.
(State: for Antrim County pretrial conference hearings on 12/19/22 & Jackson County all found guilty & will be sentenced on 12/15/22).
 
Looks like Fox got his sentencing date changed...


Dec. 10, 2022

A ringleader in the failed plot to kidnap Michigan governor Gretchen Whitmer in 2020 shouldn’t receive a life sentence in prison, according to his attorney.


In a sentencing memorandum filed late Friday for Adam Fox, attorney Christopher Gibbons argued the government used “exaggerated language to create the false narrative of a terrifying para-military leader.”


Gibbons claims the government used “histrionic descriptions” of Fox, including comparing him to the Oklahoma City Bomber Timothy McVeigh who killed 168 people, that do not represent “his actual intentions or actual capabilities.”
[.....]
The filing in federal court in Grand Rapids, Michigan, came four days after federal prosecutors said that a life sentence behind bars would be justified for Fox’s attempting to “light the fire of a second revolution,” according to federal court records.
[.....]
US District Judge Robert Jonker will sentence Fox on Dec. 27, while Croft will be sentenced on Dec. 28.
 
Thursday, December 15th:
*Sentencing Hearing for all (State case-Jackson County) (@ am CT) - MI – Plot to kidnap Michigan Governor Gretchen Whitmer *Paul Edward Bellar (21/now 24) of Milford arrested & charged (10/7/20) & arraigned (10/20/20) with gang membership, providing material support for terrorism & carrying or possessing a firearm during the commission of a felony. Was arrested in Columbia, SC & Michigan attempting to have him extradited to Michigan. $500K Cash Surety Bond. Bond reduced to $75K (12/18/20) with restrictions. Bond @ $150K (3/29/21). Out on bond.
*Charged (5/17/21) in Circuit Court with terrorist acts-provide MA, gang membership felonies & felony firearms.
*Joseph Matthew Morrison (26/now 28) of Munith arrested & charged (10/7/20) & arraigned (10/9/20) with threat of terrorism (charge was dismissed on 3/29/21), gang membership, providing material support for terrorist acts & carrying or possessing a firearm during the commission of a felony. Bail set at $10M. Bond reduced (12/18/20) to $75K with restrictions.
*Charged (5/17/21) in Circuit Court with terrorist acts-provide MA, gang membership felonies & felony firearms. Bond reduced (12/20/21) to $5K Cash/Surety providing he will wear a GPS tether. Out on bond.
*Pete Musico (42/now 45) of Munith arrested & charged (10/7/20) & arraigned (10/9/20) with threat of terrorism (charge was dismissed on 3/29/21), gang membership, providing material support for terrorist act & carrying or possessing a firearm during the commission of a felony. Bail set at $10M. Bond reduced (12/18/20) to $100K with restrictions. Out of jail.
*Charged (5/17/21) in Circuit Court with terrorist acts-provide MA, gang membership felonies & felony firearms.
Trial began on 10/3/22 with jury selection & ended 10/4/22. Trial began on 10/5/22 & ended on 10/26/22. Judge Thomas Wilson presiding. One juror was excused on 10/14/22. 10/26/22: All were found guilty on all charges. Sentencing on 12/15/22.
Court info from 10/8/20 thru 8/9/22 & Jury Selection Day 1-2 (10/3 to 10/4/22) & Trial Day 1-11 (10/5 to 10/25/22; no trial on 10/17-10/2/22) & Jury Deliberations Day 1 (10/25/22) reference post #745 here:
https://www.websleuths.com/forums/t...rnor-gretchen-whitmer-oct-2020.546457/page-38

10/26/22 Wednesday, Trial Day 12/Jury Deliberations Day 2: Jury continues deliberations. The Jackson County jury spent about five hours deliberating before coming back with the verdict today. They found Bellar, Morrison & Musico guilty of providing material support to a terrorist, being a member of a gang & a felony weapons charge. The men face up to 42 years in prison, 20 for the charges of providing material support & gang membership and an additional two for a felony weapons charge. The gang membership sentence may run consecutively to other sentences. Sentencing for all three men is scheduled for 12/15/22.
for more info see post #747 & 748 (articles) here:
https://www.websleuths.com/forums/t...whitmer-oct-2020-4-guilty-2-ng.546457/page-38
Musico & Morrison are founding members of the Wolverine Watchmen. Morrison is considered Watchmen’s “Commander” & is known by the online moniker “Boogaloo Bunyan”.

Accomplices: State: Antrim County: Eric Molitor, Michael Null, William Null, Shawn Michael Fix & Brian Higgins – all charged with State crimes (Antrium County). Molitor, Null, Null, Fix & Higgins have pretrial conference hearing on 12/19/22.
Federal Cases: Adam Dean Fox, Barry Croft, Kaleb James Franks, Daniel Joseph Harris, Brandon Caserta. Gerard Garbin plead guilty on 1/27/21 to kidnapping conspiracy & was sentenced on 8/25/21 to 6 years & 3 months in Federal prison. Kaleb James Franks plead guilty (2/7/22) to kidnapping conspiracy. Will testify at trial & will be sentencing afterwards. No sentencing date as of 4/27/22. All charged with Federal crimes; trial to start on 3/8/22 & ended on 4/8/22. Harris & Caserta found not guilty & Fox & Croft resulted in a mistrial. U.S. Attorney Andrew Birge says he will retry Fox & Croft. Re trial began on 8/9/22 & Fox & Croft found guilty. Fox sentencing on 12/27/22 & Croft on 12/28/22.
 
JACKSON, Mich. — A judge on Thursday handed down the longest prison terms so far in the plot to kidnap Michigan’s governor, sentencing three men who forged an early alliance with a leader of the scheme before the FBI broke it up in 2020.

Joe Morrison, Pete Musico and Paul Bellar were not charged with having a direct role in the conspiracy but were members of a paramilitary group that trained with Adam Fox, who separately faces a possible life sentence on Dec. 27 for his federal conviction.

The trio was convicted in October of providing material support for a terrorist act, which carries a maximum term of 20 years, and two other crimes...
 
JACKSON, Mich. — A judge on Thursday handed down the longest prison terms so far in the plot to kidnap Michigan’s governor, sentencing three men who forged an early alliance with a leader of the scheme before the FBI broke it up in 2020.

Joe Morrison, Pete Musico and Paul Bellar were not charged with having a direct role in the conspiracy but were members of a paramilitary group that trained with Adam Fox, who separately faces a possible life sentence on Dec. 27 for his federal conviction.

The trio was convicted in October of providing material support for a terrorist act, which carries a maximum term of 20 years, and two other crimes...

Federal prosecutors are seeking life prison sentence for Fox, who is set for sentencing on Dec. 27, and Croft, whose sentencing is scheduled for Dec. 28.
 
Monday, December 19th:
*Pretrial Conference Hearings for all (State case-Antrim County) (@ am CT) – MI – Plot to kidnap Michigan Governor Gretchen Whitmer - *Eric Molitor (36/now 38) of Cadillac arrested & charged (10/7/20) & arraigned (10/8/20) with providing material support for terrorist acts & carrying or possessing a firearm during the commission of a felony. Bond set at $250K (10% cash or surety). Bond reduced (1/13/21) to $100K (10% cash or surety). Out on bond (1/13/21) with GPS monitor & other conditions. No longer on GPS (9/16/22).
*Michael Null (38/now 40) of Plainwell arrested & charged (10/7/20) & arraigned (10/8/20) with providing material support for terrorist acts & carrying or possessing a firearm during the commission of a felony. Cash bond of $250K. Bond reduced (12/16/20) to 10%, cash or surety. Bond was posted, out of jail. Remains on electronic monitoring. No longer on GPS (9/16/22).
*William Null (38/now 40) of Shelbyville arrested & charged (10/7/20) & arraigned (10/8/20) with providing material support for terrorist acts & carrying or possessing a firearm during the commission of a felony. Cash bond of $250K. Bond reduced (12/16/20) to 10% cash or surety. Bond was posted & is out of jail. Remains on electronic monitoring. No longer on GPS (9/16/22).
*Shawn Michael Fix (38/now 40) of Belleville arrested & charged (10/7/20) & arraigned (10/9/20) with providing material support for terrorist acts & carrying or possessing a firearm during the commission of a felony. Plead not guilty. $250K cash/surety bond. Bond out on 11/10/20.
*Brian Higgins (51/now 54) of Wisconsin Dells, WI. arrested & charged (10/15/20) with material support of an act of terrorism. Will be extradited to Antrim County. Wisconsin: Bail $10K Cash (10/19/20 paid cash-released w/GPS tracking monitor). No longer on GPS (9/16/22).
Court info from 10/8/20 thru 9/23/22 reference post #764 here:
https://www.websleuths.com/forums/t...rnor-gretchen-whitmer-oct-2020.546457/page-39

11/24/22 Update: A preliminary hearing in the criminal case against five men facing state charges in an accused 2020 plot to kidnap the governor will resume on 12/7/22 @ 1:30pm in front of 86th District Court Judge Michael Stepka. The state has filed its brief requesting the judge bind the case over to 13th Circuit Court for trial. Defense attorneys have filed briefs in opposition & Stepka is expected to rule on the possible bind-over when the hearing resumes.
12/7/22 Update: 86th District Judge Michael Stepka ruled that evidence presented in a preliminary hearing justified a trial in Antrim County, where Whitmer’s Elk Rapids vacation home is located & prosecutors say the abduction was to happen. Prosecutors say four of the defendants scouted the house & surroundings & there was talk of blowing up a bridge to keep police from responding. “There is clearly a criminal conspiracy here,” Stepka said as he summarized testimony & exhibits from the hearing. “They knew what they were doing. They were all involved in the plot to kidnap the governor.” After his ruling, Stepka entered not-guilty pleas on the defendants’ behalf. The trial will be conducted in circuit court. No date was set but a pretrial conference was scheduled for 12/19/22.
 
@JerseyGirl - I am only coming up with a Dec. 7th article & nothing for what happened on Monday for the Antrim County guys. Can you find anything? Like maybe the next hearing date?

TIA! :)
 
@JerseyGirl - I am only coming up with a Dec. 7th article & nothing for what happened on Monday for the Antrim County guys. Can you find anything? Like maybe the next hearing date?

TIA! :)

I can’t find any updates. Here is the latest info I found but it’s from last week:


Meanwhile, five more defendants in the plot have been bound over to face trial in Antrim County: Shawn Fix, Brian Higgins, Eric Molitor, William Null and Michael Null.

They are due for a pretrial conference on Monday.
 
I can’t find any updates. Here is the latest info I found but it’s from last week:


Meanwhile, five more defendants in the plot have been bound over to face trial in Antrim County: Shawn Fix, Brian Higgins, Eric Molitor, William Null and Michael Null.

They are due for a pretrial conference on Monday.

thanks anyway for searching! Guess I shall wait a couple of days & maybe then I will find something about this last hearing.
 
Tuesday, December 27th:
*Sentencing Hearing (Federal case) (@ 2pm CT) - MI – Plot to kidnap Michigan Governor Gretchen Whitmer - for *Adam Dean Fox (38/now 40) (born 1983) of Grand Rapids, *Barry Gordon Croft, Jr. (44/now 46) (no birth date given) from Bear, Delaware 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. Both 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 & 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.
Re-Trial (for Fox & Croft) began on 8/9/22 with jury selection, Trial began on 8/10/22 & government rested their case on 8/18/22. Defense began their case on 8/18/22 & ended on 8/19/22. Jury: 12 jurors & 6 alternates. 8/10/22: Juror out sick replaced with alternate. 12 jurors & 5 alternates. Jury Deliberations Day 1 (8/22/22): ~5 hours (from 12noon to 5pm). Day 2 (8/23/22): ~3 hours = Total deliberations: ~8 hours.
Fox was found guilty of conspiracy to kidnap the governor & conspiracy to use a weapon of mass destruction. Barry Croft Jr. was found guilty of conspiracy to kidnap the governor, conspiracy to use a weapon of mass destruction & possession of an unregistered destructive device. Sentencing hearings for Fox on 12/27/22 @ 2pm & for Croft on 12/28/22 @ 10am.

Criminal Complaint & court info & first trial from 10/9/20 thru 6/30/22 & Re-Trial Day, Jury Selection (Day 1-2) 8/8-8/9/22 & Trial (Day 1-10) 8/10-8/23/22 & Jury Deliberations Day 1-2 (8/22-8/23/22) & thru 9/21/22 reference post #766 here:
https://www.websleuths.com/forums/t...whitmer-oct-2020-garbin-guilty.546457/page-39

11/25/22 Update: A federal judge has denied the motion for a new trial for Croft & Fox. Lawyers for the men had argued the federal judge hearing their case did not give them a fair trial, which the judge denied in an opinion released Friday (11/25/22). Sentencing hearing for Fox on 12/12/22 & for Croft on 12/28/22.
12/10/22 Update: A ringleader in the failed plot to kidnap Michigan governor Gretchen Whitmer in 2020 shouldn’t receive a life sentence in prison, according to his attorney. In a sentencing memorandum filed late Friday, 12/10/22 for Adam Fox, attorney Christopher Gibbons argued the government used “exaggerated language to create the false narrative of a terrifying para-military leader.” Gibbons claims the government used “histrionic descriptions” of Fox, including comparing him to the Oklahoma City Bomber Timothy McVeigh who killed 168 people, that do not represent “his actual intentions or actual capabilities.” The filing in federal court in Grand Rapids, Michigan, came four days after federal prosecutors said that a life sentence behind bars would be justified for Fox’s attempting to “light the fire of a second revolution,” according to federal court records. US District Judge Robert Jonker will sentence Fox on 12/27/22, while Croft will be sentenced on 12/28/22.
*Daniel Harris (24) – Found not guilty (4/8/22).
*Brandon Caserta (33) – Found not guilty (4/8/22).
*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.
Kaleb James Franks (26) – Plead guilty (2/7/22) to kidnapping conspiracy. Will testify at trial & will be sentencing afterwards. 10/6/22: Was sentenced to 4 years in Federal prison.
(State: for Antrim County pretrial conference hearings on 12/19/22 & Jackson County all found guilty & were sentenced on 12/15/22: Paul Edward Bellar (21/now 24) to a minimum of 12 years; Pete Musico (42/now 45) to a minimum of 7 years; Joseph Matthew Morrison (26/now 28) to a minimum of 11 years.
 
A federal judge on Tuesday sentenced a Delaware man to 16 years in prison for his role in a plot to kidnap Michigan Gov. Gretchen Whitmer — opting against the prosecution's bid for life behind bars.

Adam Fox was convicted in August of conspiracy to commit kidnapping and to use a weapon of mass destruction to attack Whitmer, who had drawn the ire of far-right groups for her efforts to curb the spread of Covid in 2020.

Jurors in April failed to come to verdicts against Fox and co-defendant Barry Croft, forcing a judge to declare a mistrial before a second trial proved decisive...
 
Co-defendant Barry Croft Jr., 47, like Fox a member of the Three Percenters militia group, was convicted of the same charges at the same trial and was scheduled for sentencing on Wednesday.

 
Wednesday, December 28th:
*Sentencing Hearing (Federal case) (@ 2pm CT) - MI – Plot to kidnap Michigan Governor Gretchen Whitmer - *Adam Dean Fox (38/now 40) (born 1983) of Grand Rapids, for *Barry Gordon Croft, Jr. (44/now 46) (no birth date given) from Bear, Delaware 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. Both 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 & 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.
Re-Trial (for Fox & Croft) began on 8/9/22 with jury selection, Trial began on 8/10/22 & government rested their case on 8/18/22. Defense began their case on 8/18/22 & ended on 8/19/22. Jury: 12 jurors & 6 alternates. 8/10/22: Juror out sick replaced with alternate. 12 jurors & 5 alternates. Jury Deliberations Day 1 (8/22/22): ~5 hours (from 12noon to 5pm). Day 2 (8/23/22): ~3 hours = Total deliberations: ~8 hours.
Fox was found guilty of conspiracy to kidnap the governor & conspiracy to use a weapon of mass destruction. Barry Croft Jr. was found guilty of conspiracy to kidnap the governor, conspiracy to use a weapon of mass destruction & possession of an unregistered destructive device. Sentencing hearings for Fox on 12/27/22 @ 2pm & for Croft on 12/28/22 @ 10am.

Criminal Complaint & court info & first trial from 10/9/20 thru 6/30/22 & Re-Trial Day, Jury Selection (Day 1-2) 8/8-8/9/22 & Trial (Day 1-10) 8/10-8/23/22 & Jury Deliberations Day 1-2 (8/22-8/23/22) & thru 9/21/22 reference post #766 here:
https://www.websleuths.com/forums/t...whitmer-oct-2020-garbin-guilty.546457/page-39

11/25/22 Update: A federal judge has denied the motion for a new trial for Croft & Fox. Lawyers for the men had argued the federal judge hearing their case did not give them a fair trial, which the judge denied in an opinion released Friday (11/25/22). Sentencing hearing for Fox on 12/12/22 & for Croft on 12/28/22.
12/10/22 Update: A ringleader in the failed plot to kidnap Michigan governor Gretchen Whitmer in 2020 shouldn’t receive a life sentence in prison, according to his attorney. In a sentencing memorandum filed late Friday, 12/10/22 for Adam Fox, attorney Christopher Gibbons argued the government used “exaggerated language to create the false narrative of a terrifying para-military leader.” Gibbons claims the government used “histrionic descriptions” of Fox, including comparing him to the Oklahoma City Bomber Timothy McVeigh who killed 168 people, that do not represent “his actual intentions or actual capabilities.” The filing in federal court in Grand Rapids, Michigan, came four days after federal prosecutors said that a life sentence behind bars would be justified for Fox’s attempting to “light the fire of a second revolution,” according to federal court records. US District Judge Robert Jonker will sentence Fox on 12/27/22, while Croft will be sentenced on 12/28/22.
*Daniel Harris (24) – Found not guilty (4/8/22).
*Brandon Caserta (33) – Found not guilty (4/8/22).
*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.
Kaleb James Franks (26) – Plead guilty (2/7/22) to kidnapping conspiracy. Will testify at trial & will be sentencing afterwards. 10/6/22: Was sentenced to 4 years in Federal prison.
*Adam Dean Fox (38/now 40) – Found guilty on 8/23/22 & sentenced on 12/27/22 to 16 years in prison.
State
: for Antrim County pretrial conference hearings on 12/19/22 & Jackson County all found guilty & were sentenced on 12/15/22: Paul Edward Bellar (21/now 24) to a minimum of 12 years; Pete Musico (42/now 45) to a minimum of 7 years; Joseph Matthew Morrison (26/now 28) to a minimum of 11 years.
 

Members online

Online statistics

Members online
128
Guests online
1,742
Total visitors
1,870

Forum statistics

Threads
594,844
Messages
18,013,693
Members
229,531
Latest member
felipstar2
Back
Top