Diverse jury seated in Whitmer kidnap retrial; Mistrust of government dominated process

GRAND RAPIDS —  A woman who said she doesn't like guns or violence.  A heavy equipment operator who enjoys hunting and trapping. A nutritionist who doesn't really follow the news.

These are among the 18 jurors - 10 women, eight men - picked to decide the fates of Adam Fox and Barry Croft Jr. in the Gov. Gretchen Whitmer kidnapping retrial. Their first trial in the case ended in a hung jury, with two other defendants acquitted.

And just as in the last case, a jury was seated in one day in the retrial, only this time a more diverse panel was selected. An all-white jury decided the last case, whereas this time, two Black women and a Hispanic man are on the jury.

Mistrust in the government also appeared to be a top priority during the process, if the judge's questions and comments are any indication.

'I just don't particularly trust the government'

As jury selection began Tuesday morning, U.S. District Judge Robert Jonker asked prospective jurors repeatedly about how they felt about the government, noting that the case is loaded with controversial issues: a sitting governor's response to the pandemic, mask mandates, lockdowns and an FBI investigation into an alleged plot to kidnap her.

During jury selection in the last trial, which ended with no convictions, the judge asked prospective jurors if they could set aside their political views or any preconceived ideas about the case. But he didn't focus as heavily on the topic of mistrust in the government as he did Tuesday, when multiple hands went up when asked if they had reservations about being fair in this case due to mistrust of the government.

"I don't like politicians or politics. I don't personally trust them ... I just don't particularly trust the government in general," said one woman, a hairdresser. "It's a very unpopular opinion to have to say out loud in federal court."

Jonker told her she wasn't alone.

"It may of course be one of the more popular opinions these days," Jonker said before asking the woman if she believes "the government has a bigger hill to climb."

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"At this point in my life I’m automatically distrusting, it’s always back there in my mind, I don’t trust authority," the woman said.

Jonker responded:

"It’s not an isolated opinion. A lot of people have a mistrust of government," Jonker said before telling the jury pool the government is " entitled to a fair trial, just as the defendants are."

The cosmetologist was bounced from the jury pool, which includes a woman who said she has multiple friends and family members who attended the Jan. 6 rally in Washington, D.C., but they were not part of the Capitol breech. She said they had a right to be there to express their opinions. She said they were interviewed by law enforcement, but not criminally charged.

Among those dismissed from the jury pool:

• A woman who said she had family in the Elk Rapids area, the same city where Whitmer's vacation home is located. "I don't think I could be very fair," she said.

• A retired firefighter and self-described staunch conservative who said he has a strong bias against the defendants. "I hate to say that, but I feel if the case has gone this far and it makes it to court and they haven’t pled out, that they’re guilty. I’m sorry."

• A male security officer who said he reads the newspaper a lot, has read about the case, and would find it hard to set aside what he's read. "I don't think I'd be very fair at this point."

• A male law enforcement officer who said he has formed some views about the case that would be difficult to set them aside.

Two others were dismissed for health reasons.

'There has been publicity'

Jonker told the jury pool that the goal is to "find out if there is something that makes you unable to serve fairly."

Seating an impartial jury is likely to take longer than last time given what's happened so far. It took one day to seat the jury in the first trial. As of almost 1 p.m., the process was still getting underway with defense lawyers and prosecutors just starting their questions and dismissing individuals they don't want.

Jonker noted the case is "potentially more challenging and potentially more interesting" than other trials given the publicity and high-profile nature of it.

"The victim is our sitting governor. There has been publicity. There have been earlier proceedings," Jonker said, without disclosing that the last case ended with no convictions. Two defendants were acquitted. The jury deadlocked on the charges facing the two alleged ringleaders, triggering a mistrial.

Jonker said it's not disqualifying to have heard about the case, just so long as people can set aside what they know and decide the case only on the evidence presented in the courtroom.

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Jonker also noted that the trial is taking place against the backdrop of an election process.

'Only two things matter'

"The governor is standing for reelection. The pandemic response will be one of her issues in the campaign," Jonker said. But, he added: "This is not a political forum. It's not whether you like Gov. Whitmer or don't like Gov. Whitmer. It’s not whether you think mask mandates was good policy or bad policy."

The judge continued: "Here in court ... only two things matter: what the law is, and what the evidence is."

The 12-member jury will determine the fates of Adam Fox and Barry Croft, who are being retried on kidnapping conspiracy and weapons of mass destruction charges for allegedly plotting to kidnap Whitmer out of anger over her pandemic orders, including mask mandates and business closures. They are accused of, among other things, casing Whitmer's vacation house and building explosives that would be used in the kidnapping plan.

Prosecutors said the pair and others plotted to blow up a bridge near Whitmer's vacation house to slow down law enforcement.

According to trial testimony, Fox, while on his way to scope out Whitmer's cottage, stopped at a bridge near her house, got out, and took a photograph of the bridge that would be an explosive target. But the defense maintains that an undercover informant came up with the idea of surveilling Whitmer's home, planned the trip, found the address and convinced the others to make the trip. The defense also says it was the informant who suggested that Fox get out of the car and take a photo of the bridge.

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The defense has long argued that the FBI tried to entrap the defendants in a kidnapping plot that was devised and run by FBI agents and informants looking to advance their careers.

The prosecution counters this is a case about violent extremists who wanted to do real harm to the governor because they disagreed with her decisions. And they didn't just talk about it, they have argued, but took steps to make it happen, like casing her house, buying night vision goggles, building a "shoot house" that looked like her cottage for snatch-n-grab exercises and forming encrypted chat rooms to hide their plan from law enforcement.

If convicted, both men face up to life in prison.

Contact Tresa Baldas: tbaldas@freepress.com

This article originally appeared on Detroit Free Press: Jury seated in Whitmer kidnap retrial in one day, just like last time