GRAND RAPIDS, Michigan — Attorneys for Barry Croft Jr. and Adam Fox have filed new requests for judgment of acquittal.
On April 8, both men were on trial for the Governor Whitmer kidnapping plot. The jury could not reach a verdict on Croft and Fox, allowing the government to put them on trial once again.
Daniel Harris and Brandon Caserta were found not guilty of conspiracy. In addition, Harris was acquitted of charges related to explosives and a gun.
Court documents for the acquittal request claim the evidence presented at the trial did not establish there was an agreement between the four defendants to kidnap the Governor or to purchase and use a weapon to further the kidnapping.
"In this case, the Government produced evidence that Adam Fox was prone to speaking offensively, making objectively anti-government statements, and juvenile remarks casually advocating violence," reads the documents for Adam Fox's request, "The Government produced hundreds of Facebook posts, inflammatory memes, political rants, flags, Hawaiian shirts, legal weapons, legal ammunition, legal body armor, legal helmets, and books with “suspect titles.” All of this “evidence” was intended to create the inference that Adam Fox was engaged in a sophisticated, paramilitary exercise designed to kidnap the Governor. The Government did not provide any evidence that Fox was even communicating with any of the other Defendants to agree, plan, or otherwise pursue the kidnapping of the Governor. The evidence presented by the Government was insufficient."
During the trial, defense lawyers had portrayed their clients as credulous weekend warriors prone to big, wild talk, who were often stoned. They said FBI undercover agents and informants tricked and cajoled the men into agreeing to a conspiracy.
But prosecutors offered evidence of the men discussing abducting Whitmer before the FBI sting began. They went way beyond talk, including scouting Whitmer's summer home and testing explosives, prosecutors told jurors.
Patrick Miles, former U.S. attorney for the Western District of Michigan, said the acquittal requests are to avoid going back to trial.
"This is a fairly unique siltation," said Miles, "But I think it’s a fairly straightforward legal maneuver by the defendants' legal counsel, to try to say based on the trial we just went through, the acquittal of the other two alleged co-conspirators, you can’t show our two clients are involved to the level of beyond a reasonable doubt."
U.S. Attorney Andrew Birge has said he plans to refile charges for a trial.
It's unclear what a judge will do with these acquittal requests. Miles said he could consider them now after the charges are refiled, or even entertain a motion to dismiss after the prosecution presents before the case goes to a jury.
"They do have a fairly strong argument," said Miles, "It’s something for the judge to consider, but it would be not usual for a judge to not let a case go to a jury and be presented and not be charged."
JoAnne Huls, Chief of Staff to Gov. Gretchen Whitmer, issued the following statement in response to the April 8 outcome in the trial of four men facing a combination of charges, such as kidnapping conspiracy, conspiracy to use a weapon of mass destruction, and weapons charges.
“Today, Michiganders and Americans—especially our children—are living through the normalization of political violence. The plot to kidnap and kill a governor may seem like an anomaly. But we must be honest about what it really is: the result of violent, divisive rhetoric that is all too common across our country. There must be accountability and consequences for those who commit heinous crimes. Without accountability, extremists will be emboldened.
The governor remains focused on her work on behalf of Michigan and all Michiganders. That includes addressing violence and threats to our democracy. We appreciate the prosecutors and law enforcement officers for their work on this case.”
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