Kaleb Franks gets 4-year prison sentence after pleading guilty in Whitmer kidnapping plot
- Oops!Something went wrong.Please try again later.
GRAND RAPIDS — Kaleb Franks, who pleaded guilty to participating in a conspiracy to kidnap Michigan Gov. Gretchen Whitmer over her handling of the COVID-19 pandemic, received a 48-month prison sentence from a federal judge Thursday.
Friday marks two years since Franks and others were arrested in connection with the alleged plot. Franks has been in custody ever since. U.S. District Judge Robert Jonker also gave Franks three years' probation following his release from prison and a $2,500 fine. Franks has 14 days to appeal Jonker's sentence.
"I'm sorry to Gov. Whitmer and her family, I understand this had to be traumatizing for them," Franks said, seated next to his lawyer. "I'm ashamed and embarrassed."
Scott Graham, Franks' attorney, wrote in a court filing that Franks had already accepted responsibility for his actions when he pleaded guilty and now hopes to rebuild his life. Both Graham and government prosecutors suggested a similar sentence to Ty Garbin, who received a sentence reduction to 30 months in prison in September. Franks and Garbin testified against their codefendants, two of whom were convicted in August after a trial in the spring ended with two convictions and two mistrials.
More:Jury convicts Adam Fox, Barry Croft Jr. in Whitmer kidnapping plot
More:Acquitted Whitmer kidnap defendant won't risk his freedom to help the others at retrial
Franks' testimony was key in showing the plot was real
"When one considers prison violence against cooperators, the violence of extremist groups, and the fortitude it took for Kaleb to come forward as he did, such a sentence need not be lengthy — Kaleb has already paid, and will continue to pay, for his offense in innumerable ways, and the risks inherent in his cooperation only add to that payment," Graham wrote in a Sept. 29 filing.
Government prosecutors also filed a motion to have Franks receive a lower sentence due to his cooperation.
"Our position is that it was invaluable to have the insight of someone inside" the plot, said U.S. Assistant Prosecuting Attorney Nils Kessler. "It blocked a lot of defenses," he added, saying Franks' testimony that the plot was not hypothetical or merely role play was crucial to landing convictions of Adam Fox and Barry Croft Jr.
Kessler also mentioned the risks Franks took by cooperating, noting "there are plenty of people in the prison system who may sympathize" with Fox and Croft.
From March:Whitmer kidnap plotter: I joined the plan because I was on a suicide mission
Appeal possible:Whitmer kidnap Trial No. 3? Don't count on it, experts say.
Franks' potential sentence was up to 15 years
In both trials, defense lawyers brought up Franks' and Garbin's cooperation during cross-examination, noting that they would be labeled a "snitch" in prison.
Jonker credited Franks for ultimately deciding to cooperate, telling lawyers "I think he did the right thing in the end."
Initial sentencing guidelines for Franks were 151 to 188 months, without taking into account his cooperation with prosecutors and considering a previous conviction for second-degree home invasion when he was 19, which was dismissed under the Holmes Youthful Trainee Act. The act allows young offenders to be placed on probation for criminal convictions after pleading guilty to avoid having the charges hang over them permanently.
After pleading guilty in February, Franks and Garbin, who also pleaded guilty rather than going to trial, testified on behalf of the government in both trials against the men charged in the conspiracy.
During his testimony, Franks said he joined the kidnapping plot because he thought he would die carrying it out. He testified he had suicidal thoughts following the deaths of his mother, stepfather and stepbrother in the years before the plot.
"I felt that it was a very risky choice," Franks testified during the trial, adding he had been preparing to get "in a shootout with the police."
On Thursday, Franks said he's in a much better place mentally since reaching out to family members while in prison. Close to a dozen friends and family were at the Gerald R. Ford Federal Building for Franks' sentencing.
"I understand now it takes more strength to ask for help than it does to do things on your own," he said.
Sentencing dates for Fox and Croft have not been scheduled. Defense lawyers have vowed to appeal the outcome of the second trial, citing what they consider juror misbehavior and Jonker's conduct toward the defense during testimony. Jonker has ordered all filings related to an appeal sealed.
Three men are currently on trial in state court for charges related to the kidnapping plot.
Contact Arpan Lobo: alobo@freepress.com. Follow him on Twitter @arpanlobo.
This article originally appeared on Detroit Free Press: Kaleb Franks, Whitmer kidnap plotter, gets 4 years in prison
