Lodi News-Sentinel

Judge says Whitmer kidnapping suspects will stand full trial

- By Robert Snell and George Hunter

GRAND RAPIDS, Mich. — A federal magistrate judge Friday ordered five men to stand trial on allegation­s they plotted to kidnap Michigan Gov. Gretchen Whitmer.

The move by U.S. Magistrate Judge Sally Berens followed two days of testimony about a broad plot by men accused of holding anti-government views to kidnap the governor as retributio­n for stay-at-home orders imposed during the COVID-19 pandemic.

Berens said there was sufficient evidence to support the conspiracy charge, pointing to allegation­s the alleged co-conspirato­rs conducted nighttime surveillan­ce of Whitmer’s vacation home in northern Michigan.

The five members ordered to stand trial on a conspiracy to commit kidnapping charge that is punishable by up to life in federal prison are:

• Adam “Alpha (Expletive) You” Fox, 37, of Pottervill­e.

• Ty Garbin, 25, of Hartland Township.

• Kaleb Franks, 26, known as “Red Hot.”

• Daniel Harris, 23, known as “Beaker.”

• Brandon Caserta, 32, known as “Debased Tyrant.”

They are being held without bond.

A sixth man, Barry Croft, 44, of Bear, Del., is being transferre­d to Michigan to face the conspiracy charge.

Berens concluded members of the alleged plot kept devising a plan to kidnap Whitmer at her vacation home even though some members expressed misgivings or did not participat­e in every aspect of the plot.

“The government isn’t required to show (the defendants) signed on a dotted line and had a multipage five-step plan for exactly how it was going to go,” Berens said. “They are required to show a unity of purpose.”

The hearing gave defense lawyers a chance to argue there was no conspiracy and that the accused were merely exercising their First Amendment rights to free speech and assembly and that threats to kidnap and kill Whitmer was “loose talk.”

Prosecutor­s failed to establish a conspiracy, said Franks’ lawyer, Scott Graham.

“It’s loose talk,” he said. The alleged plot “is so outlandish, it’s got to be made up of actual facts,” Graham added. “When you look at those facts, they don’t make sense.”

The accused plotters got caught because the plan was not good and they were amateurs, Assistant U.S. Attorney Nils Kessler said.

“It doesn’t have to be a good plan to be dangerous,” he said.

He called attempts to defend the allegation­s by citing the First Amendment “frankly absurd.”

Caserta was not involved in many of the actions cited by the FBI, said his lawyer Michael Darragh Hills.

“Was he a driver? A shooter? A grabber? A lookout?” Hills asked the judge. “You don’t know.”

Earlier Friday, an FBI agent testified that the plot predated President Trump tweeting “LIBERATE MICHIGAN!” amid complaints about stay-at-home orders designed to stem the spread of COVID-19.

FBI Special Agent Richard Trask discussed the roots of the investigat­ion and motivation of six men charged in federal court with conspiring to kidnap Whitmer. Those charged also discussed “taking out” Virginia Gov. Ralph Northam.

He was asked whether Trump’s tweets from April, and a similar “LIBERATE VIRGINIA” tweet, inspired the alleged plot to kidnap Whitmer and try her for treason before the November election.

“I can’t speculate on their thoughts about those comments,” Trask told Gary Springstea­d, the lawyer for Garbin, who sat nearby, scribbling on a yellow legal pad while wearing glasses that were missing a stem.

Trask testified as the federal magistrate judge considered whether there is probable cause for five of the men to stand trial after being accused of plotting to kidnap Whitmer.

 ?? DNCC/HANDOUT/GETTY IMAGES ?? Michigan Gov. Gretchen Whitmer addresses the virtual Democratic National Convention on Aug. 17. The FBI says a conspiracy targeted Whitmer with plans to kidnap her.
DNCC/HANDOUT/GETTY IMAGES Michigan Gov. Gretchen Whitmer addresses the virtual Democratic National Convention on Aug. 17. The FBI says a conspiracy targeted Whitmer with plans to kidnap her.

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