(Source: MIRS.news, Published 09/18/2023) With Friday's not-guilty verdicts in the cases of three alleged Gov. Gretchen Whitmer kidnapping conspirators, the first round of judicial action against the 14 charged men is complete. Federal and state prosecutors recorded four plea deals, five convictions following trials and five acquittals.
The Bellaire trial of twins Michael Null and William Null, and Eric Molitor, who were acquitted Friday, focused on their anti-government ideology amidst the run-up to the 2020 presidential election, nationwide protests and COVID-19 pandemic restrictions that led to lockdowns.
The verdicts were met with mixed reactions from those who sat in the courtroom or followed the trial through public reports.
Eric VanDussen, a videographer and freelance journalist whose interview of Molitor became a contested moment in the trial, said he expected a hung jury based on some jurors, who "seemed disgusted" by the defendants' alleged conduct and their words, while others "seemed more disturbed by the government's/informant's behavior."
"The Michigan Attorney General's office was permitted to admit as evidence an onslaught of hearsay evidence through video and audio recordings of (ringleaders) Adam FOX and Barry CROFT (Jr.)," said VanDussen, who filmed every day of the trial. "Several of those recordings occurred with none of the three Antrim defendants in attendance.
"A couple of members of the jury visibly appeared to be disturbed when Assistant (Attorney General) William Rollstin repeatedly introduced evidence – especially audio/video clips – that were selectively edited and taken out of context," he added.
One of those moments included Molitor taking a slow-motion video of Gov. Gretchen Whitmer's vacation home on a surveillance trip in 2020. What the prosecution did not show – but the defense did – was Molitor's reason for doing as Fox ordered: "I just wanted to get home to my kids.”
Jeffrey Swartz, a former judge, prosecutor and defense attorney who teaches criminal procedure and constitutional law at Thomas M. Cooley Law School's Tampa Bay, Florida campus, said the federal government's decision not to charge the state defendants is a tell about possible challenges for the state's case against the Null brothers and Molitor.
However, those issues may not have been as prevalent in Jackson County where the AG's office secured guilty verdicts against three defendants – Paul Bellar, Joseph Morrison and Pete Musico – for different reasons.
"The jury pool is in an area of Michigan … where militia is rather predominant, and has a lot of supporters," Swartz said. "Jackson has a more diverse jury pool than Antrim."
Swartz said it is unfair to compare the state's cases to the federal cases – where Fox and Croft were convicted after two trials – because the jury pool, judge and jury instructions differ between the two jurisdictions. He said federal prosecutors typically charge only those defendants they believe they can convict.
"The state went with people they felt should be held responsible and they were willing to put their case on the line and let the people decide," Swartz said, noting the federal government has an estimated 95% conviction rate whereas states' victories "tend to be less."
Swartz said the jury apparently believed Molitor and William Null's testimony that they were not aware of Fox's full plan.
William Null testified that he was simply going for a car ride with Fox and that he and his brother were not interested once the talk turned to using explosives.
"All of these factors lended itself to, probably, the kind of split verdicts that we saw," Swartz said, noting that the judge also played a factor because one judge could allow an entrapment defense while another did not.
Swartz said the justice system worked, despite the mixed results in the state and federal cases, noting that it is important to remember that "not guilty" doesn't equate to "innocent."
"The system works no matter what the verdict is," he said. "… This type of verdict does show you the system does have viability. It is the best system of justice because here, before we incarcerate people, the state has to prove you are guilty beyond a reasonable doubt. In so many other democracies, France is a perfect example … you have to prove yourself innocent.
"I would rather, as the adage goes, 'see 100 guilty men go free than see one innocent man be convicted.' … It goes back to our democracy; it goes back to who we are," Swartz added. "People have to believe if the state doesn't prove its case, you're going to go home and have dinner with your family."
How The Cases Ended
Fox, of Wyoming, and Croft, of Bear, Delaware, were convicted in federal court and sentenced while a jury acquitted Brandon Caserta, of Canton, and Daniel Harris, of Lake Orion.
Kaleb Franks, of Waterford, and Ty Garbin, of Hartland Township, pleaded guilty to a federal charge of conspiracy to kidnap Whitmer and were sentenced to prison.
In Antrim County, Shawn Fix, of Belleville, and Brian Higgins, of Wisconsin, entered plea deals and Musico, Bellar and Morrison were sentenced in December.
