LANSING, Mich. — Adam Fox and Barry Croft Jr. are asking a federal judge to dismiss charges against them for conspiring to kidnap Governor Gretchen Whitmer, according to recently filed court documents.
The move comes weeks after a mistrial was declared at their federal trial.
Two others, Daniel Harris and Brandon Caserta, were found not guilty of conspiracy to kidnap the governor during the trial.
Court documents filed on Friday seek to have Fox and Croft acquitted.
According to the documents, attorneys argue the charges should be dismissed because Harris and Caserta were acquitted and because there was insufficient evidence presented by the government during the trial.
“Because of the preclusive effect of the acquittals of Mr. Harris and Mr. Caserta as well as the insufficient evidence presented by the government at trial, Mr. Croft requests the Court enter a judgment of acquittal pursuant to Rule 29(c) on each count of the superseding indictment,” the documents state.
Back on April 8, a jury found Daniel Harris and Brandon Caserta not guilty in the governor kidnapping plot trial. A mistrial was declared in the cases against Adam Fox and Barry Croft after the jury was unable to come to a decision on their charges.
The jury reached its verdict on the fifth day of deliberations.
U.S. Attorney Andrew Birge issued a statement following the verdict indicating charges would be refiled against Fox and Croft.
Adam Fox, Barry Croft, Daniel Harris and Brandon Caserta were all arrested in October of 2020 and charged with conspiracy to kidnap for allegedly planning to kidnap Governor Whitmer at her vacation home. Fox, Croft and Harris are all facing additional charges.
The men were supposedly angry over COVID-19 restrictions and allegedly planned it from June to October 2020.
The defense argued that the defendants were entrapped by undercover agents and informants who pushed the plan forward.
Croft Acquittal Request by WXMI on Scribd
Fox Acquittal Request by WXMI on Scribd