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).