AP

EXPLAINER: Charges in Michigan Gov. Whitmer kidnap plot case

Apr 3, 2022, 9:51 PM | Updated: Apr 4, 2022, 12:03 pm

The exterior of the federal courthouse is shown March 9, 2022, in Grand Rapids, Mich. The trial of ...

The exterior of the federal courthouse is shown March 9, 2022, in Grand Rapids, Mich. The trial of four men charged with planning to kidnap Michigan Gov. Gretchen Whitmer is taking place inside. (AP Photo/Mike Householder)

(AP Photo/Mike Householder)

CHICAGO (AP) — Jurors are deliberating at the trial of four men accused of plotting to abduct Michigan Gov. Gretchen Whitmer in 2020. They began going through evidence on Monday after some four weeks of testimony in U.S. District Court in Grand Rapids, Michigan.

Here’s a look at the charges and what’s required to secure convictions:

WHO ARE THE DEFENDANTS?

Six men were initially charged but two pleaded guilty before trial.

The remaining defendants include Adam Fox, described by prosecutors as the plot’s ringleader. He and co-defendant Barry Croft Jr. were affiliated with the “Three Percenter” far-right anti-government movement. Prosecutors say the other two defendants, Daniel Harris and Brandon Caserta, were members of the Wolverine Watchmen, a self-styled militia with similar views.

Ty Garbin pleaded guilty last year and Kaleb Franks joined him in February. Both were star government witnesses at trial.

WHAT ARE THE CHARGES?

All four are charged with kidnapping conspiracy.

According to prosecutors, the defendants plotted from June to October 2020 to abduct Whitmer from her vacation home in northern Michigan because they were infuriated by what they saw as her overly restrictive policies during the pandemic.

Fox, Croft and Harris are also charged with conspiracy to use a weapon of mass destruction. Prosecutors said they sought to construct and buy explosives, with the aim of destroying a bridge near Whitmer’s cottage to stymie police during the kidnapping.

Croft and Harris are charged with possession of an unregistered destructive device — a firework wrapped with pennies that could serve as shrapnel.

Harris is the only one charged with possession of a semi-automatic assault rifle with a barrel less than 16 inches long that wasn’t registered to him.

WHAT ARE THE POTENTIAL SENTENCES?

The kidnapping conspiracy and conspiracy to use a weapon of mass destruction charges carry maximum life sentences.

The maximum sentence for possession of an unregistered destructive device is 10 years, and Harris could face up to three years in prison if convicted of the semi-automatic rifle charge.

Garbin has already been sentenced to six years in prison, and Franks is expected to receive a lighter sentence than if he had lost at trial.

WHAT’S REQUIRED FOR CONVICTIONS?

The defendants never achieved their purported goal of kidnapping Whitmer. Unbeknownst to them, the FBI had infiltrated their group and was closely monitoring them. They were arrested in October 2020.

Defense attorneys portrayed their clients as weekend warriors prone to big, wild talk, who were often stoned. To prove it was deadly serious, prosecutors entered evidence showing the defendants took specific steps, referred to as “overt acts,” toward implementing their plans.

Jury instructions explain that convictions on the kidnapping and weapons conspiracy charges require evidence that each defendant committed at least one of the long list of overt acts in the indictment.

Proof that a defendant simply knew about the conspiracy or associated with members of the conspiracy isn’t enough.

WHAT ARE THE ALLEGED OVERT ACTS?

They include that Fox proposed the kidnapping of Whitmer on Aug. 23, 2020, during a meeting with Harris and Caserta. Another is that the men scrutinized each other’s IDs in a bid to ensure no one was an undercover agent.

Another is that Fox, Croft, Harris and Caserta held field-training exercises in September 2020, practicing tactics for fighting Whitmer’s security detail.

The indictment attributes another overt act on Oct. 7, 2020, to Caserta, alleging he instructed co-conspirators that, if they encountered police, they should give the officers one chance to leave, then kill them.

Alleged overt acts on the weapons of mass destruction charge include that Harris boasted on May 1, 2020, that he was a Marine Corps veteran who “can make things go boom if you give me what I need.”

WHAT’S THE ROLE OF ENTRAPMENT?

The defense mounted an entrapment defense at trial, accusing the FBI of engaging in the barred investigatory practice. Jurors who find authorities tricked or cajoled targets into committing crimes they showed no predisposition to commit are supposed to return with not guilty verdicts.

Prosecutors have the burden of proving defendants weren’t entrapped. At trial, they sought to show that not only were the men predisposed to joining the kidnap plot but that they discussed such schemes before the FBI sting began.

___

Find AP’s full coverage of the Whitmer kidnap plot trial at: https://apnews.com/hub/whitmer-kidnap-plot-trial

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Image: A cargo ship is stuck under the part of the structure of the Francis Scott Key Bridge after ...

Associated Press

Authorities identify 2 bodies recovered at site of Baltimore bridge collapse

A major bridge in Baltimore snapped and collapsed after a container ship rammed into it early Tuesday, and several vehicles fell into the river below.

1 day ago

Photo: Mountaineer Jim Whittaker has died at 95....

Gene Johnson, The Associated Press

Lou Whittaker, among the most famous American mountaineers, has died at age 95

Lou Whittaker, a legendary American mountaineer who helped lead ascents of Mount Everest, K2 and Denali, has died at age 95.

1 day ago

File photo: Former Sen. Joe Lieberman speaks in Washington on Jan. 18, 2024....

Associated Press

Former Sen. Joe Lieberman, Democrats’ VP pick in 2000, dead at 82

Former U.S. Sen. Joe Lieberman of Connecticut, who nearly won the vice presidency on the Democratic ticket with Al Gore in 2000, has died.

1 day ago

islamic state attack...

Vanessa Gera, The Associated Press

What we know after the Islamic State group claims responsibility for Moscow massacre

The Islamic State group has claimed responsibility for an attack on a suburban Moscow concert hall that killed at least 133 people.

5 days ago

Moscow shooting...

The Associated Press

Russia: 60 dead, 145 injured in concert hall raid; Islamic State group claims responsibility

Assailants burst into a concert hall in Moscow on Friday and sprayed the crowd with gunfire, killing over 60 people, injuring more than 100.

7 days ago

Photo: Britain's Kate, Duchess of Cambridge visits 282 (East Ham) Squadron, RAF Air Cadets, Cornwel...

Associated Press

Kate Middleton announces she has cancer, is undergoing chemotherapy

Kate Middleton, Princess of Wales, says she is undergoing chemotherapy to treat cancer. She has been out of view since Christmas.

7 days ago

EXPLAINER: Charges in Michigan Gov. Whitmer kidnap plot case