Feds: Whitmer kidnap suspect needs psychiatric evaluation. We don't buy his story

The federal government has requested a psychiatric evaluation for one of the suspects in the Gov. Gretchen Whitmer kidnapping plot, alleging the man is preparing a psychological defense that he can't prove.

According to prosecutors, Kaleb Franks, 27, of Waterford, has notified the court that he plans to introduce expert testimony at trial that he "presents extraordinary susceptibility to influence and suggestion” in support of his entrapment claim.

In other words, Franks alleges that he has a mental health condition that makes him more susceptible to being fooled, or tricked, by negative influences. This is at the heart of the entrapment defense raised by five men who allege the FBI hatched the kidnapping plot, planted the idea in their heads, egged them on with hateful comments about Whitmer and choreographed all the events that led to their arrests at a warehouse in October 2020.

But the government isn't buying Franks' "susceptibility" diagnosis, and wants an evaluation ordered, arguing that Franks has acknowledged "that he has only met (his) psychologist once," and the psychologist has not “conducted any formal testing.”

The government cited case law that says if a defendant intends to introduce expert evidence relating to a mental illness that may impact the issue of guilt "the defendant must notify an attorney for the government in writing of this intention and file a copy of the notice with the clerk."

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"An independent evaluation is necessary to accurately assess the validity and

admissibility of (Franks') proposed expert testimony defense, which at this time is

tenuous," the government argues in court documents, alleging Franks' hired psychologist has formed a conclusion without completing any formal testing.

The government wants an independent examination to determine whether the psychologist's testimony is reliable and admissible, and to cross-examine the expert at trial should the testimony be allowed.

The government also wants the evaluation completed at least one month before trial, which is set for March 8. That's when Franks and four other men go on trial on charges they plotted to kidnap Whitmer out of anger over her COVID-19 mandates.

The defense has argued there was no real plan to kidnap the governor, and that the defendants were only engaged in puffery and tough talk, which, they argue, is protected speech under the First Amendment.

The government disagrees and has scoffed at the entrapment defense, arguing the defendants were willing participants in the plot and took actual steps to carry out the kidnapping, such as casing Whitmer's vacation home twice, drawing up maps, buying night vision goggles, holding practice exercises and secretly communicating in encrypted chats so as to not get caught.

The government also has a star witness: Ty Garbin, a sixth defendant in the case who previously pleaded guilty to his role, got six years in prison, and is planning to testify against the others.

Contact Tresa Baldas: tbaldas@freepress.com

This article originally appeared on Detroit Free Press: Feds request psychiatric evaluation for Whitmer kidnap suspect