GRAND RAPIDS, MI — After nearly five days of deliberation, a federal court jury on Friday, April 8, acquitted two men accused of plotting to kidnap Gov. Gretchen Whitmer. Jurors deadlocked on charges against two others, resulting in a mistrial.
Here is a look at some of highlights of the trial, which began March 8 in Grand Rapids:
1. Own words weren’t enough
The defendants’ own words were used against them in what the prosecution considered a case with a mountain of evidence. But it wasn’t enough to convict any of the four on trial in U.S. District Court in Grand Rapids. Daniel Harris, 24, of Lake Orion, and Brandon Caserta, 34, of Canton, were acquitted of all charges.
A judge declared a mistrial in the cases of Adam Fox, 38, of Wyoming, and Barry Croft, 46, of Bear, Delaware, after jurors failed to reach a unanimous verdict. In their entrapment defense, the defendants said the FBI arranged meetings and devised plans. “We don’t make terrorists so we can arrest them,” Fox’s attorney, Christopher Gibbons, told jurors. Fox and Croft are expected to be re-tried.
2. FBI calls ‘mastermind’ Bonehead
Croft was considered the “mastermind” of the alleged plot, but the FBI didn’t think that highly of him, attorney Josh Blanchard said. He noted that his client was nicknamed “Bonehead,” or “BH,” by FBI special agents.
Given the defendants’ fondness of alcohol, marijuana and griping about the government, Blanchard said an FBI agent had his own doubts about the group, asking, “‘Do these guys even know what’s up?’”
Fox, meanwhile, was named the leader of a Michigan chapter of a fake national organization. The honor was bestowed upon him by an informant who was terminated by the FBI after his arrest in Wisconsin on a firearms charge.
3. Living in a buddy’s basement
Fox was living in the basement of his buddy’s business, the Vac Shack near Grand Rapids, when he was arrested. There was no running water but he was down on his luck and needed a place to stay.
While there, he had secret meetings with those linked to the plot to kidnap the governor. He and Croft weren’t convicted but they weren’t cleared either. Both went back to jail after the jury verdicts. Caserta and Harris went home. U.S. Attorney Andrew Birge said that Croft and Fox would be retried.
4. Others regret plea deals?
Considering the two acquittals, Kaleb Franks, 27, of Waterford, and Ty Garbin, 26, of Livingston County, could have plea-deal remorse. Both pleaded guilty to conspiracy to kidnap and testified against former co-defendants.
Garbin is serving six years, three months in federal prison, which still is a lot better than life. Franks awaits sentencing. They’ll likely have to tell their story again. Eight others are charged in state courts and their plea deals require cooperation.
5. Chilling testimony
The trial included chilling testimony, with Croft and others allegedly calling for another U.S. civil war. He allegedly said on Facebook that Whitmer ought to be hanged, while Fox allegedly said she should be put on display for photos after the kidnapping.
FBI special agent Thomas Szymanski, assigned to the Baltimore office, testified that Croft wrote on Facebook in April 2020 that “I believe all it’s going to take is one state to burn … and hang a governor and the dominoes will start falling.”
The investigator said Croft also wrote: “Which governor is going to end up dragged off and hanged the first?”
Related:
Gov. Whitmer kidnap case crashes: ‘Conspiracy that just never was,’ attorney says
Defense attorney says Gov. Whitmer was ‘never in any real danger’
Defendant’s dad: FBI, informants pushed Gov. Whitmer kidnap plot to ‘next level, not our guy’
Jury in alleged plot to kidnap Gov. Whitmer to return for fourth day of deliberations
Defendants felt ‘totally justified’ in alleged plot to kidnap Gov. Whitmer, prosecutor says
Defendant in alleged plot to kidnap Gov. Whitmer manipulated by FBI, informant, attorney argues
Note to readers: if you purchase something through one of our affiliate links we may earn a commission.