Jury picked for Michigan Governor Whitmer kidnapping plot trial

A jury was selected on Tuesday for the trial of four men accused of conspiracy kidnaps Michigan Gov. Gretchen Whitmer in 2020, extraordinary allegations of violence planned against an elected official that led the president to advise: “This is not your normal criminal case.”

The opening statements were scheduled for Wednesday in federal court in Grand Rapids. Prosecutors have said the men were angry at the Democratic governor’s pandemic restrictions and will present secret recordings and other evidence against the men, including a trip to check out Whitmer’s vacation home and train with weapons and explosives.

Defense attorneys say the men deny any conspiracy to kidnap Whitmer and have indicated a trap defense, criticizing the government’s use of undercover FBI agents and confidential informants.

Eleven women and seven men were selected to serve on the jury, with 12 to decide the case and six alternates, although the court did not make it clear on Tuesday which jurors are alternates. Before leaving the courtroom, U.S. District Judge Robert Jonker told the jury to stay out of social media and not discuss the case with family.

“Pause them,” he said.

Earlier Tuesday, Jonker told potential jurors that they should set aside any personal feelings about politics, Whitmer and his administration’s response to COVID-19, in order to hear the case fairly. Several said they were not sure they could be impartial.

Some potential jurors were fired after questions from the judge revealed they disliked Whitmer, with a man saying, “It would probably be pretty partial.” A woman who said she was an enthusiastic supporter of the governor was also fired, as was a man who told the court, “I really don’t trust the government right now.” Another man was fired after saying he has been closely following news coverage of the case and “I think they are guilty.”

Others were fired for labor or domestic disputes with the trial, which could last more than a month.

In 2020, Whitmer was negotiating ridicule with then-President Donald Trump over his administration’s response to COVID-19. Meanwhile, his critics regularly protested at the Michigan Capitol, obstructing the streets around the state palace and legally carrying semi-automatic rifles into the building.

During that turbulent time, when there were orders to stay home and the economy was restricted, Adam Fox, Brandon Caserta, Barry Croft Jr. and Daniel Harris were devising a plot to snatch Whitmer, prosecutors say.

They are accused of taking critical steps for several months, such as secret messages, gun drills in the woods and a night trip to northern Michigan to explore their second home and figure out how to blow up a bridge.

The FBI, which had infiltrated the group, said it thwarted the plan by arresting six men in October 2020. Two of them, Ty Garbin i Kaleb Franksthey have pleaded guilty and will appear as crucial witnesses for the government, giving the jurors an inside view of what was planned.

Garbin said Fox, the alleged ringleader, wanted the men to bring in a $ 4,000 explosive large enough to destroy a bridge near Whitmer’s home and distract police during a kidnapping.

“The blood of tyrants must be shed,” Garbin was quoted as saying during a meeting.

Garbin and Franks insist that no one in the group acted because of the excessive influence of undercover agents or informants.

“It’s not the end of the case for the defense, but it’s a big hurdle to overcome,” said John Smietanka, a former federal prosecutor, about the couple’s cooperation. “It will be reduced to the credibility of witnesses plus the effect of any extrinsic evidence, such as tapes.”

On Tuesday, the marshals escorted the defendants in and out of court with handcuffs and legs. During the morning proceedings, the four men and their lawyers sat at separate conference tables along a wall in the courtroom. Harris and Croft were dressed in suits and ties, while Caserta and Fox wore shirts and pants. The four men stood up and turned to the possible jurors as they entered. The handcuffs were removed and the flags hanging from the tables obscured the view of the possible jurors from the legs.

The group of potential jurors was drawn from a portion of 22 counties in western and northern Michigan that stretched from below the Grand Rapids metropolitan area to the tip of the lower peninsula. The region is largely rural and Republican-leaning, although Democrats have recently won in Grand Rapids, the second largest city in the state, and in the vicinity of Kent County, which supported Whitmer on 2018. He brought only two of the other counties.

Whitmer, who is seeking re-election this year, rarely speaks publicly about the case and is not expected to attend the trial. He has blamed Trump for fueling distrust and fueling anger over coronavirus restrictions and for refusing to condemn hate groups and right-wing extremists as those accused in the plot. She has said she was also complicit in the death January 6 Capitol Insurrection.

Separately, state court authorities are prosecuting eight men accused of aiding the group.

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• Gretchen Whitmer
• Michigan