Two men accused of plotting to kidnap Michigan Governor Gretchen Whitmer have been acquitted while the jury is still deadlocked on charges for two others portrayed as the “ringleaders”.
Jurors on Friday acquitted Daniel Harris and Brandon Caserta, but failed to reach verdicts for Adam Fox and Barry Croft Jr - prompting the declaration of a mistrial.
The US Attorneys office in Grand Rapids called the “obviously” disappointing and vowed to retry Mr Croft Jr and Mr Fox, who was described as the leader of the anti-government group.
The verdicts for Mr Harris and Mr Caserta came hours after US District Judge Robert Jonker sent jurors back into their chamber to keep working after they provided a note saying they were deadlocked.
Acquittals or convictions must be made via unanimous vote.
All four defendants pleaded not guilty, arguing that a man serving as an FBI informant was the real ringleader and had egged the group on for months. That argument was countered by two other co-defendants in the alleged plot who previously plead guilty and told jurors the government had not entrapped the men into planning the conspiracy.
Three of the men, Mr Croft, Mr Fox and Mr Harris, faced a charge of “conspiracy to use a weapon of mass destruction”, referring to an explosive device, while Mr Harris is also charged with possession of a weapon not registered to him. A pair of the co-defendants, Mr Harris and Mr Croft, faced a final charge related to what appeared to be a homemade shrapnel bomb: A firework wrapped in pennies.
Two of the charges, the kidnapping and weapon of mass destruction charges, carry the potential for life sentences. Their alleged plans never came to fruition, and the men were arrested one month before the 2020 election. The shocking story served as a reminder of the growing divisions in the US and illustrated the ongoing threat of politically-motivated violence, particularly on the far right.
Ms Whitmer was not up for reelection in 2020, having been elected to a four-year term in 2018.
Defense attorneys argued throughout the case that their clients were not serious about carrying out the plot and that an FBI informant who was secretly recording the men was the driving force in the plot who pushed the others to commit illegal acts. That testimony faced contradictory statements from another man charged in the plot, Kaleb Franks, who told the court that Mr Fox spoke to him about the kidnapping plot “every time I saw him”.
The plot was apparently the result of anger over Michigan’s Covid-19 restrictions, which have now all but evaporated as the position of many state governments including Michigan’s has shifted to support for vaccinations and booster shots.
