(Source: MIRS.news, Published Oct. 7, 2022) Evidence not related to three men on trial in Jackson County for aiding terrorism had defense attorneys and the prosecution getting snippy with each other as the jury looked on.
Defense attorney Andrew Kirkpatrick, who represents Paul Bellar, repeatedly interrupted the prosecution's questioning to clarify when, if at all, his client was present at a 2020 training or meetings FBI Special Agent Henrik ImpolA testified about Friday.
At one point, Kirkpatrick interrupted Impola to clarify, "Mr. Bellar wasn't there?"
Impola replied Bellar wasn't on the recording referenced, and the exchange ended with Assistant Attorney General Sunita Doddamani asking the defense attorney: "Are you done?"
"Yes, I am," Kirkpatrick replied as he sat down.
Bellar, Joseph Morrison and Pete Musico are on trial in Jackson County Circuit Court for charges of providing material support to terrorism for allegedly aiding federal defendants Adam Fox and Barry Croft, who await sentencing after a jury convicted them of conspiracy to kidnap the Governor.
Bellar, Morrison and Musico, who are also charged with gang membership and felony firearms, face up to 20 years in prison if they are convicted as charged.
The trial resumes Monday before Judge Thomas Wilson.
Doddamani has spent two days admitting various exhibits, including social media posts from the defendants as well as FBI recordings made by undercover agents and confidential informants.
However, the defendants were not present or and did not participated in all events introduced by the prosecution through Impola's testimony, which is bringing numerous objections from the defense attorneys.
At one point, Impola testified about a June 2020 meeting in the basement of the Vac Shack, which brought objections from Kirkpatrick, who said "how it is characterized" is inappropriate because his client is only heard saying "he's taking off."
Doddamani accused Kirkpatrick of making a closing argument to the jury, and he retorted incorrect information cannot be in an exhibit that the jury could review when deliberating.
"If it is incorrectly typed, that's objectionable," Kirkpatrick said.
Doddamani countered that Kirkpatrick should have objected earlier, and that the objection referenced the clip's title and was not important because it wasn't about the content of the meeting.
Kirkpatrick and Doddamani argued some more before the prosecutor said, "Fine, I'll take it off. Happily. Scratch it off, please."
Leonard Ballard, who represents Morrison, questioned how the jury was to separate his client, Bellar and Musico when the prosecution continues to throw "all this against the wall?"
"What I mean by 'throwing it against the wall' is you're having a conversation with this person and this person, and this person and this person, and we're attributing it to the fact everybody is there, but this isn't a one-room conference at the Drury Hotel. It's somebody's house," Ballard explained. "… The context is relevant."
Wilson advised the jury that the attorneys and FBI agent "have lived with the case" while it's new to the jury, and he noted that Bellar wasn't present at the Drury meeting.
Impola's testimony confirmed that "none of the defendants" present in the courtroom were at one particular meeting at a Drury Hotel.
Kirkpatrick accused the prosecution of "picking and choosing" snippets of the recordings, which caused Assistant Attorney General William Rollstin to jump to his feet, arguing the defense attorney is again trying to make a closing statement rather than an objection.
When Wilson interjected, Kirkpatrick shouted, “Let me finish!”
At issue was a recording the prosecution alleges is discussion about creating a "domino effect" with Gov. Gretchen Whitmer's kidnapping that had other states, including Virginia, Ohio, Indiana, Missouri, Tennessee and others, also taking their governors.
Bellar allegedly says, "We got to take all the governors on the same day."
Kirkpatrick said the three minutes preceding that snippet puts into context the discussion was about "getting a judge and sheriff to legally" arrest Whitmer – not kidnap her.
"This very case rises and falls on the kidnapping of the Governor and this is what they pick and choose?" Kirkpatrick asked, his voice rising. "… They're bouncing their timeline around. This is not some little thing I'm making an issue out of."
