Defendants in Whitmer Kidnapping Case Move to Have Charges Tossed

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Five defendants accused of plotting to kidnap Michigan Gov. Gretchen Whitmer have filed a motion to dismiss the charges against them, claiming that the hand that FBI informants had in directing the failed scheme amounts to entrapment.

The trial of Adam Fox, Barry Croft, Kaleb Franks, Daniel Harris, and Brandon Caserta is set to begin March 8, 2022, for allegedly conspiring throughout 2020 to kidnap Whitmer. A sixth person, Ty Garbin, pleaded guilty to the allegations in August and was sentenced to six years in prison while agreeing to serve as a witness against his co-defendants.

Fox, Croft, Franks, Harris, and Caserta have maintained throughout the proceedings that the government set them up. They formalized those arguments in a Dec. 25 motion to dismiss, saying the evidence in the case “demonstrates egregious overreaching by the government’s agents, and by the informants those agents handled.”

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