Fox won't testify in kidnap plot trial

Aug. 3—TRAVERSE CITY — Adam Fox, who federal prosecutors identified as the ringleader of a plot to kidnap Gov. Gretchen Whitmer, told a local courtroom if he was called to testify in Antrim County, he would invoke his Fifth Amendment right against self-incrimination.

"The issue that's presented, Mr. Fox, is obviously there were federal charges that you were involved with but no charges at the state level," 13th Circuit Court Judge Charles Hamlyn explained, during a motion hearing Wednesday.

"The issue would be," the judge said, "whether or not you are willing to testify knowing the potential consequences if you were to testify. So, would it be your intention to testify, in open court, regarding this case, or would you plead the Fifth Amendment?"

"I will invoke my Fifth Amendment, sir," Fox said.

Fox is currently incarcerated in Colorado's ADX Florence, serving a 16-year sentence for conspiracy and other crimes for his role in a plot to kidnap the governor, following a conviction by a jury in federal court in Grand Rapids.

Three men are set to go on trial Aug. 23 in Antrim County's 13th Circuit Court for what state prosecutors say was their role in the plot, and one of the men, Eric Molitor, sought to have Fox testify as a defense witness.

The other two defendants are brothers Michael and William Null. All three men have pleaded not guilty.

Molitor's attorney, William Barnett, had previously argued in a motion hearing, that Fox would testify that Molitor "was not to be counted on for any extreme s---."

That specific language comes from a prosecution exhibit, previously shared in open court, in which Fox appears to warn "Dan" — a man then working for the FBI as a confidential human source — about "Barricade" — a code name for Molitor that appears in some audio and text communications.

An FBI agent, Henrik Impola, had previously testified that Fox told Dan, "OK, Barricade I don't think will be down for the more extreme s---."

On Wednesday, however, Fox told the court that, if called to testify, and if brought to Antrim County in person and sworn in as a witness, he would plead the Fifth.

"Would you invoke the Fifth Amendment to any questions asked by the prosecution and any of the defense attorneys?" Hamlyn asked Fox.

"Yes, I would invoke my Fifth Amendment to both of those, yes sir," Fox said.

Hamlyn previously instructed Paul Jarboe, who administers and area branch of the Michigan Indigent Defense Commission, to appoint an attorney for Fox to advise him of his rights concerning his possible testimony.

Attorney Chris Gibbons was appointed, appeared remotely at the hearing Wednesday, and consulted with Fox in a break-out room prior to on-the-record proceedings.

Barnett objected to Fox being available only by telephone, and said he preferred Fox be brought to northern Michigan to communicate with the court or appear by video conference.

"There's no video, it's not the court's fault or anyone's fault, the prison has an antiquated system apparently, and doesn't use Zoom or Polycom," Barnett said. "So I just would like to place that objection on the record."

The case is being prosecuted by attorneys with the state attorney general's office, and lead prosecutor William Rollstin also appeared remotely, though did not question Fox, or make any arguments regarding any potential testimony.

Barnett asked the judge whether the AG's office might grant immunity to Fox for any possible state charges. Hamlyn said that request went beyond the scope of the hearing and then stated Fox would not be called as a witness.

Court records show jury selection begins Aug. 23, with the trial scheduled to begin Aug. 25.