DETROIT — A federal judge Tuesday refused to dismiss the indictment against five members of an alleged plot to kidnap and kill Gov. Gretchen Whitmer, calling defense claims of entrapment and government overreaching a “heavy burden to carry.”
U.S. District Judge Robert Jonker filed his order less than two months before the five men are scheduled to stand trial on kidnapping conspiracy and weapons of mass destruction charges that could send them to federal prison for up to life.
Accused ringleader Adam Fox, 38, of Potterville and four others needed to show that evidence demonstrates FBI agents and informants induced them to commit crimes. The defendants also needed to show “a patently clear absence” of evidence that they were predisposed to commit the crimes, the judge wrote.
NEW: A federal judge has just denied a motion to dismiss in the Michigan kidnapping case, arguing the defendants "fail to carry the burden" of showing undisputed evidence of entrapment.
— Ken Bensinger (@kenbensinger) January 25, 2022
The case will proceed toward trial, where, the judge said, a jury can make a determination. pic.twitter.com/6i7J3o7SVS
“Defendants fail to carry their burden because the evidence on both issues is decidedly disputed as it almost inevitably is at this stage of the case,” Jonker wrote.
According to defense lawyers, FBI agents and federal prosecutors capitalized on discontent with Whitmer’s handling of covid-19 pandemic restrictions, invented a conspiracy and entrapped the five charged in a case that has alleged violent extremism in Michigan.
The original 20-page defense motion, filed Christmas night by all five defense lawyers, asked Jonker to dismiss the conspiracy charge. Doing so would effectively dismantle the government’s case and remaining charges, which are intertwined and based on the conspiracy charge, the lawyers wrote.
The request follows a stream of allegations and developments about the government’s team involved in the case. That included the convictions of former FBI Special Agent Richard Trask, the government’s public face of the investigation who was arrested on a domestic violence charge and later fired and convicted of a misdemeanor; and informant Stephen Robeson, who was dropped by the FBI after being caught illegally possessing a sniper rifle.
