Defense in Whitmer plot hearing probes fake Navy SEAL claims, informant roles
TRAVERSE CITY — Defense attorneys continued Wednesday to cross-examine the FBI agent heading the investigation that uncovered the plot to kidnap the governor, confirming, among other things, that one of the defendants was not a Navy SEAL — nor did he have access to a Black Hawk helicopter as he had claimed to others in his group.
In reality, he was a truck driver.
It was the third day of a preliminary examination of the five defendants — Michael and William Null, 40, of Plainwell and Shelbyville, respectively; Shawn Fix, 40, of Belleville; Brian Higgins, 53, of Wisconsin Dells, Wisconsin; and Eric Molitor, 38, of Cadillac — who are accused providing material support for domestic terrorism.
After a day and a half of questioning by Assistant Attorney General Sunita Doddamani, the defense probed FBI special agent Henrik Impola, seeking responses to show a pattern of exaggerated claims by defendants and that one of the FBI informants had gone rogue and another was doing much of the training and was even promoted to executive officer.
Impola also confirmed that some defendants smoked marijuana.
Michael Naughton, the attorney for Higgins, asked the agent whether his client was in attendance at various planning and training meetings.
In many of the gatherings, Impola confirmed, Higgins was not there.
Nichole Sanchez, representing Fix, quizzed the agent about her client's claims that he was a Navy SEAL and could deliver a Black Hawk helicopter, military equipment used in combat to transport supplies and soldiers to difficult-to-access locations.
Fix, the agent said, also claimed he could provide a Conex box — a type of cargo container — of weapons.
"We came to learn later, that was not true," Impola testified.
During questioning by William Barnett, the attorney representing Molitor, the FBI agent confirmed that a defendant in another state case claimed to have an explosive, C4, and grenades, but did not.
"I'm trying to indicate a trend that's going through this entire investigation," Barnett told the judge. "Role-playing."
Impola also testified that one of the agency's informants, Steve Robeson, was acting as what federal prosecutors called a "double agent," helping both law enforcement and the men accused of plotting domestic terrorism.
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Robeson "was promoting the kidnapping attacks, trying to help the subjects of investigation and hurt the FBI," Impola testified, adding that the informant tipped off Higgins, one of the men convicted in federal court, and others that the "FBI was targeting" them.
Impola also confirmed that a paid informant, Dan, who was ex-military, oversaw training, drove defendants to events, and within months, rose through the group's ranks to become what Barnett characterized as a second-in-command leadership position.
But there was some back and forth between the lawyer and agent about why Dan was paid.
Impola said it was to reimburse expenses, not for testimony: "I would never pay somebody for their testimony."
Thomas Siver, the defense attorney for Michael Null, asked the agent about marijuana use and whether others at training exercises were arrested. Impola said he was aware of drug's use, but did not know how many others might have been arrested.
The hearing is set to continue Thursday morning with questions from the prosecution.
Contact Frank Witsil: 313-222-5022 or fwitsil@freepress.com. Contact Annie Doyle: 231-675-0099 or adoyle@charlevoixcourier.com
This article originally appeared on Detroit Free Press: Defense in Whitmer plot case probes fake Navy SEAL claims
