(Source: MIRS.news, Published 10/21/2022) A Mugg & Bopps cashier in Jackson County testified Friday that a father and his son-in-law were so "angry with this lady" that they tried to recruit him to help kidnap the lady -- Gov. Gretchen Whitmer.
After Pete Musico and Joseph Morrison participated in an April 2020 armed protest at the State Capitol, the two were so "amped up" that they discussed kidnapping or killing Whitmer at the convenience store.
"They described the armed protest as the first time we stood up against the government," Shawn TOTH testified today, noting that the defendants were so chatty with him because it "was to possibly recruit" him.
Musico, Morrison and Paul Bellar are each on trial in Jackson County Circuit Court for providing material support to a terrorist act, gang membership and felony firearms. They each face up to 20 years in prison if convicted as charged.
Both the prosecution and the defense attorneys rested their cases after testimony that also included a Michigan State Police post commander who served on Whitmer's protection detail and a trooper who arrested Morrison on a weapons charge after a traffic stop, as well as an undercover FBI special agent.
Musico's attorney, Kareem Johnson, recalled FBI Special Agent Henrik Impola for a brief time before resting his case.
The defense attorneys also made arguments for a direct verdict, with Bellar's attorney, Andrew KIRKPATRICK, arguing that "no reasonable jury, in my opinion," could convict Bellar because the terrorist plot is to kidnap Whitmer, and Impola's testimony showed the discussion occurred after Bellar had moved out of state.
"What else is undisputed? At the time he left on July 27, (2020), there is no plan in place to kidnap the Governor (and) no plot in place to kidnap the Governor," the attorney said.
Kirkpatrick said the "only evidence" regarding Bellar in a conversation alleging kidnapping was made at the Vac Shack in Grand Rapids, but the first three minutes of the recording not played in court by the prosecution has his client discussing finding a constitutional sheriff or conservative, right-wing Republican judge to issue a valid arrest warrant for Whitmer – not to kidnap her.
Kirkpatrick continued to criticize the prosecution's evidence, including exhibits, saying a "black box" was placed around information the defense wanted to present while they readily told the jury about his client's comments that police were at his former Michigan home and he would "ghost" for a while.
"Blah, blah, blah, blah, blah, three things wrong with this, Judge," the attorney continued, noting one problem is his client's comment that they've done nothing wrong and that his client was not part of training exercises.
Assistant Prosecutor Sunita Doddamani said "everything Kirkpatrick argued, or rather yelled," are issues of fact for the jury to decide or falls under the entrapment defense, which the judge previously ruled was not allowed. She said the state believes the "crime was committed and finished by June 28," 2020 – before Bellar left Michigan.
"The act of terrorism we are alleging is not simply a plot to kidnap the Governor of the state of Michigan," she said. "It's rather to kill police officers, kill politicians and do harm to the Governor of the state of Michigan. So, that is a misunderstanding of our case theory."
Testimony has indicated that one suggested plan was to storm the State Capitol and take legislators hostage and to ransom them in exchange for Whitmer.
Doddamani went on to explain that Bellar provided medical training to the Wolverine Watchmen and others in the plot with the knowledge that training would support or prepare for terrorism – a violent felony dangerous to human life, which is what convicted ringleader Adam Fox discussed at the Vac Shack.
Fox and Barry Croft were both convicted in federal court of conspiring to kidnap Whitmer. They await sentencing in December.
Leonard Ballard, who represents Morrison, also sought a direct verdict, arguing the FBI's confidential informant admitted he did the training.
"They want to say that the terrorist act was the killing of police officers, but I think the court can easily see that wasn't a terrorist threat," he said. "… It was a policing of the police. … Joe was not present for much of what was happening."
Ballard also disputed there was gang-related activity, supporting Kirkpatrick's argument that there was not continual communication among five people – which they argued is an element of the gang membership charge.
Doddamani countered that Morrison created the Wolverine Watchmen and while he may not have taught or led training as testimony showed, it is still "team movement" or a "group exercise." She noted that Morrison also provided his Munith land, and under the law providing facilities is an element of the alleged crime.
Doddamani argued the gang element requirement is not continual communication for the rest of their lives but for the moment charged.
Judge Thomas Wilson, who is presiding over the trial, denied the defense attorneys' request, saying the matter will go to the jury.
Both sides will present closing arguments on Monday. It is anticipated each attorney's argument could exceed an hour, and could take "all day," although the prosecution believed it would not. The hope is the jury begins deliberations Monday afternoon.
The trial had been on hold since Monday after a defense attorney tested positive for COVID-19. Today, Kirkpatrick, who wore a mask, took a moment to assure the jury that he tested negative for COVID-19 before returning to court.
