After nearly nine hours of questioning, an all-white jury was seated in Grand Rapids Tuesday in the high-profile trial of four militia members charged with plotting to kidnap Gov. Gretchen Whitmer out of anger over her pandemic orders.
Among the jurors who will decide their fate are a Michigan State fan who works as a tool and dye engineer, a stay-at-home mom, and a school employee who works with young children. The jury is made up of 11 women and seven men, though only 12 will decide the case with the remaining as alternates. It has not been disclosed who is on the alternate panel.
As legal experts predicted, those with staunch views or strong political leanings were bumped off the panel, including a man who said, “I’m not a big Whitmer fan. I don’t like her,” another who said he didn’t trust the government, a woman who said the news has tainted her and that she’s not a fan of the governor, a man who studied terrorism and favored law enforcement, and a man who lost a brother to COVID-19.
During jury selection, the judge stressed repeatedly that the case isn’t about politics, though people were peppered about their views on everything from face masks and guns to patriotism and rights.
Chief U.S. District Judge Robert Jonker explained to jurors that their political views did not matter — just so long they could set them aside and judge the case based on only the facts presented at trial.
He also told them he didn’t care about whether they liked or disliked Whitmer, if they felt she mishandled the pandemic, how they felt about face masks or who they supported as president.
In the end, Jonker said, the case is about whether four men plotted to kidnap the governor and blow up a bridge, as prosecutors have alleged. The defendants are presumed innocent, he stressed, and the burden is on the government to prove its case.
“The only thing that matters is the evidence, what witnesses say under oath and what the exhibits show you. That’s the only basis of your decision,” Jonker told the prospective jurors.
The judge stressed: “The case is all about the judicial system. It’s not an election.”
More than 40 people were dismissed from the jury pool, including a Rush Limbaugh fan, a man who supports gun rights but believes regulations and background checks are needed, several who owned guns and were staunch supporters of the Second Amendment, and others who expressed concern about the spread of COVID-19.
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Others were excused for work or health issues.
Nearly all of the prospective jurors said they had heard of the case, though a few said they know nothing about the case and never listen to news or pay attention to politics.
The jury pool was drawn from 22 counties in western and northern Michigan, which are largely rural, conservative and lean Republican — with all but two voting against Whitmer in 2018 — though she still won by winning in more populated counties.
The case has generated much publicity since the suspects were arrested in a 2020 FBI sting, though Jonker noted that knowing about the case doesn’t automatically disqualify someone from the jury.
“The important thing is not whether you’ve heard something about the case,” Jonker said.
Former U.S. Attorney Matthew Schneider, who has been following the jury selection process, expected that a fair jury would get seated.
“Some people in this jury pool love Gov. Whitmer and some hate her, but this is a courthouse, not a polling place,” Schneider told the Free Press. “The ultimate question for the jurors isn’t whether they like or dislike the governor, but did these defendants break the law?”
Opening statements are scheduled for Wednesday morning.
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Four men are charged with plotting to kidnap Whitmer out of anger over her pandemic orders and mask mandates, and discussed blowing up a bridge near her vacation home to slow down law enforcement. But the defense argues there was no plan to kidnap the governor, that the defendants were entrapped by the FBI and that any negative comments they made about Whitmer were merely puffery, big talkers blowing off steam.
The prosecution, however, argues the defendants did more than just talk, but actually took acts to carry out their plan, including casing Whitmer’s vacation home twice, drawing maps, buying night vision goggles and communicating in secret chats to avoid law enforcement detection.
The prosecution also has two star witnesses: two defendants who previously cut deals, pleaded guilty and plan to testify against the others. One of them is Ty Garbin, 25, of Hartland, who is serving a six-year prison sentence. The other is Kaleb Franks, 27, of Waterford Township, who is awaiting sentencing.
On trial are Adam Fox, 38, of Potterville, who is accused of being the ringleader; Daniel Harris, 24, of Lake Orion; Brandon Caserta, 33, of Canton Township, and Barry Croft, 46, of Delaware.
Contact Tresa Baldas: tbaldas@freepress.com
