In Whitmer kidnapping case, lawyers spar over motions before state trial

A Tuesday morning hearing in Jackson County Circuit Court for three men, who prosecutors say were part of a larger plot to kidnap Michigan's Gov. Gretchen Whitmer, set the stage for the start of a long-awaited — and potentially long — state trial.

The nearly two-hour hearing established some ground rules for the upcoming trial, which is expected to take at least two weeks, and offered a few hints at strategies that the defense and prosecution might use.

The defendants — Pete Musico, 43, his son-in-law, Joseph Morrison, 27, and Paul Bellar, 22 — face charges of supporting a terrorist act, gang membership and carrying a firearm in the commission of a felony.

They are three defendants of 14 who were charged at the state and federal levels in connection to the so-called Wolverine Watchmen militia accused of targeting the governor over her early COVID-19 mandates.

So far, the Jackson County case has been largely eclipsed by the federal case, which was followed by national media.

In the federal case, jurors acquitted two men also accused of plotting to kidnap Whitmer and deadlocked on charges against two others, who law enforcement said were ringleaders, Adam Fox, 39, and Barry Croft Jr., 46.

The men were accused of trying to spark a second Civil War ahead of the 2020 presidential election, abduct Whitmer at her northern Michigan vacation home and put her on trial for treason.

But the defendants said that there was no plot.

It was rogue FBI agents that hatched the scheme, ran the show and they enticed the defendants — who were often high and engaged in fantasy play and tough talk — to do things they otherwise would not have.

The feds are planning to retry Fox and Croft next week in Grand Rapids.

In addition, in Antrim County five men — Michael and William Null, Shawn Fix, Brian Higgins and Eric Molitor — also are set to go to trial in connection with the alleged domestic terrorism plot in a separate state case.

From the start of the Jackson County hearing, lawyers went back and forth, hammering each other with arguments before Judge Thomas Wilson seeking to allow — or keep out — testimony and jury instructions that could advantage them.

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The defense sought to question the credibility and truthfulness of an FBI agent based on accusations in another case. The judge denied it.

The prosecution sought to have special jury instructions to clarify what, exactly, a militia is, which it said could, in the mind of some jurors, sanction the defendants' actions. The judge denied it.

In the spring, the defendants tried to have the case dismissed, arguing that they were entrapped by the FBI. Entrapment is a defense to charges based on interaction between police when law enforcement uses tactics to induce someone to commit a crime.

The judge, however, said he would not dismiss the case, finding no evidence that the government pressured or targeted the defendants, nor did a key act to escalate the case.

The defense, however, could still argue at trial that the defendants' actions were influenced by informants and agents — and likely will, while the prosecution will likely suggest that law enforcement keep tabs on the men and probably prevented harm.

Contact Frank Witsil: 313-222-5022 or fwitsil@freepress.com.

This article originally appeared on Detroit Free Press: In Whitmer kidnapping case, lawyers spar before state trial