On Day Five of deliberations, the jury in the Gretchen Whitmer kidnap plot case announced that it has reached some verdicts, but is hung up on some counts.
“We have come to a decision on several counts, however we are locked on others,” the jury wrote in a note to the judge.
The jury did not say which counts it had reached verdicts on.
Chief U.S. District Judge Robert Jonker called the jury back to the courtroom around 11 a.m. and asked them to return to the deliberation room and continue to work things out.
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“On a case that has a lot of evidence … It is not unusual for a jury to come back and say, ‘hey, we tried, but we just can’t get there at everything,’ ” Jonker said. “I know you’ve been at it awhile … I’m not quite ready to say, ‘that’s the best we can do.’ “
“Go back,” the judge said, “and make another effort.”
One of the jurors, a younger man, was visibly frustrated with the process as he sat in the courtroom. He dropped his head and rubbed his eyes as Jonker advised the jury to return to its deliberations.
“We all know it’s tough, particularly if you get to the point where you’re locked on things,” Jonker said. “Indulge me if you would, one more effort.”
The judge stressed: “You have to vote your own conscience at the end of the day. … See if anything moves you on a locked decision.”
This development comes one day after the jury asked to see purported bomb evidence that was presented at trial. Specifically, the jury wanted to see the “pennies” that were attached to a commercial-grade firework to serve as shrapnel in an explosive device, according to the government.
Before entering the deliberation room on Friday, jurors were handed an evidence bag, filled with the pennies they inquired about.
During trial, jurors saw the pennies as an FBI witness testified that they were found in a “blast zone” at Ty Garbin’s property in Luther.
The witness, an FBI agent who searched the Luther property after the group was arrested in October 2020, testified the pennies were found in a 2-3 foot radius, along with a mortar launcher, staples and rubber bands and markings, which, he said, indicated a detonation took place.
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The explosion allegedly took place Sept. 13, 2020, the third day of a field training exercise in Luther.
Lawyers for the government and the defense inspected the pennies after they were brought into the courtroom by FBI Special Agent Jayson Chambers. Once the attorneys gave approval, the jury was brought into the courtroom.
Two of the defendants, Daniel Harris and Barry Croft, are charged with possession of an unregistered destructive device. Harris, Croft and Adam Fox also are charged with conspiracy to use weapons of mass destruction.
All four defendants are charged with kidnapping conspiracy for allegedly plotting to snatch the governor from her vacation home out of anger over her COVID-19 restrictions.
If convicted, they each face up to life in prison.
