DETROIT — A juror seated on the recent trial of two men convicted of attempting to kidnap Gov. Gretchen Whitmer denied having said the men would "hang," according to a transcript of a meeting the juror had with U.S. District Court Judge Robert Jonker, who likened the encounter with the judge to that of getting "called to the principal's office."
A coworker had alerted a defense attorney that the juror allegedly was biased. The coworker claimed the juror had said the men on trial, Adam Fox of Potterville and Barry Croft Jr. of Delaware, would receive a guilty verdict and "hang" should the juror be seated.
Jonker determined the juror was fit to serve after an investigation showed the accusation was not corroborated and provided "secondhand through another coworker."
The transcript released Friday details a short meeting between Jonker and the juror on Aug. 12, a day after the accusation came to light. The juror has not been identified. The conversation in the judge's chambers lasted less than 10 minutes.
Jonker told the juror he wanted to meet so he could ask the juror questions and better understand whether the juror was able to serve fairly, according to the transcript.
Barry Croft Jr., left, and Adam Fox were found guilty in a second trial with conspiring to kidnap Michigan Gov. Gretchen Whitmer in 2020. Prosecutors retried the two after a jury in April failed to reach a verdict. Two co-defendants were acquitted and two more pleaded guilty earlier.
Jonker later described the allegation raised by a coworker, who said the juror "had strong views about the case" before becoming a juror and, at least to some people, "expressed the intent to act on those views" by promising there would be a guilty verdict and that "these guys are going to hang, or words to that effect."
"It's not like I have that on tape," Jonker said about the claims of bias to the group assembled in his office, which also included the judge's case manager, a jury specialist and a court reporter. "It's not like I have anybody saying that under oath, but we have information that came to the court that suggests you made statements like that as recently as Monday, which was before you became a juror, in connection with your place of work."
The juror said they did not remember making statements about a guilty verdict or hanging, nor did the juror talk with coworkers about being assigned to the high-profile kidnapping case, according to the transcript. The juror said they told coworkers only that they had jury duty.
"I didn't even know what the case was until I came in Tuesday morning when I glanced at a TV and saw news cameras out here, and I'm like, I think I know what case it is," the juror said.
"... So from your perspective, no reason to understand why anybody would have heard, overheard or believed somebody else heard you say something like that?"
"Yup," the juror responded.
"Okay. And no doubt about your ability to be fair from your perspective?"
"Correct," the juror said.
"... Okay. This is awkward for obvious reasons because now you really do feel like you got called to the principal's office."
"I've only had that happen once," the juror said.
The juror said they had not paid attention to the first trial Croft and Fox faced, which ended with a hung jury and no convictions.
The juror had, though, heard about their arraignment.
"And do you remember saying anything about it then?" Jonker asked the juror.
"Not to my knowledge," the juror said.
———
