San Francisco Chronicle

2 acquitted, jury hung on 2 more in kidnapping plot

- By John Flesher and Ed White John Flesher and Ed White are Associated Press writers.

GRAND RAPIDS, Mich. — A jury on Friday acquitted two men of all charges in a plot to kidnap Michigan Gov. Gretchen Whitmer but couldn’t reach verdicts against the two alleged leaders, a stunning defeat for the government after a trial that centered on a remarkable FBI sting operation just before the 2020 election.

Daniel Harris and Brandon Caserta were found not guilty of conspiracy. In addition, Harris was acquitted of charges related to explosives and a gun.

The jury could not reach verdicts for Adam Fox and Barry Croft Jr., which means the government can put them on trial again.

“Obviously, we’re disappoint­ed with the outcome. We have two defendants that are awaiting trial and we’ll get back to work on that,” U.S. Attorney Andrew Birge said.

Federal prosecutor­s offered evidence from undercover agents, an informant and two men who pleaded guilty to the plot. Jurors also read and heard secretly recorded conversati­ons, violent social media posts and chat messages.

Ty Garbin, who pleaded guilty and is serving a six-year prison sentence, said the plan was to get Whitmer, a Democrat, and cause enough chaos to trigger a civil war before the 2020 election, keeping Joe Biden from winning the presidency.

The six including Garbin and Kaleb Franks, who also pleaded guilty, were arrested in October 2020.

Prosecutor­s said the group was steeped in anti-government extremism and angry over Whitmer’s COVID-19 restrictio­ns. But defense lawyers portrayed the men as credulous weekend warriors prone to big, wild talk and often stoned on marijuana. They said agents and informants tricked and cajoled the men into targeting the governor.

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