Prosecutors voiced concerns on Wednesday over a juror who is believed to be flirting with one of the three defendants on trial for their alleged involvement in the plot to kidnap Michigan Gov. Gretchen Whitmer.
As reported by the Detroit Free Press, a prosecutor first raised the issue during a trial break on Oct. 12, telling Jackson County Circuit Judge Thomas Wilson that the juror was smiling and looking at 22-year-old defendant Paul Bellar of Milford a little too much.
It appears the youngest defendant in the Whitmer kidnapping trial may also be flirting back.
"We're very concerned about this juror," the prosecutor said.
According to the prosecutor, the two are seen smiling and nodding at each other and at one point, Bellar balled up both of his fists and shook them while the juror was looking at him.
Wilson acknowledged that he, too, has seen the exchange.
"I see her looking directly at your client, and a number of times I've seen smiles coming out of her face. It's enough that it's drawing my attention," Wilson told the defendant's lawyer, adding "I'm going to be paying close attention. ... I don't know if I'm going to kick her off or not."
While Bellar's attorney said the behavior has not gone unnoticed by him, he said the reason for Bellar shaking his fists was not to signal to the juror.
But rather, it was over candy.
"The shaking of the fist is because of Skittles .... 'cause guess what? It's his birthday today," defense attorney Andrew Kirkpatrick said, adding that his client is not behaving in a manner that is abnormal.
"I have noticed her kind of looking. He knows. But he's not winking at her. He's not doing anything to encourage her," Kirkpatrick said. "I don't think that's a basis to get rid of this juror. ... Maybe she likes him — maybe she doesn’t. There's no way of telling what’s in the juror’s mind."
Bellar is one of four defendants charged in the third domestic terrorism case involving an alleged plot to kidnap Gov. Whitmer in 2020. The men were allegedly involved with the Wolverine Watchman, a militia group that met and trained around Jackson.
Although the trio is not on trial for direct involvement in the kidnapping scheme, Morrison, Musico and Bellar are charged with providing material and training members in support of a terrorist act.
According to the Detroit Free Press, the defense attorneys for the other two defendants spoke out against removing the juror due to the alleged flirtation.
One went as far as saying that tossing the woman over the claims would be sexist.
"Simply because a young woman is looking over here — (concluding) it must be some flirtation involvement is just sexist," said Kareem Johnson, the defende lawyer representing Pete Musico. "People have laughed during this trial. People have smiled during this trial. … I completely object to the court even addressing the juror. She's supposed to look over here."
Defense attorney Leonard Ballard, who is representing Joe Morrison, advised against an interview between the juror and the judge, calling it "egregious."
"Where’s the basis for saying she’s gonna lie? Because she’s a woman? Because she’s young?" Ballard questioned.
The judge decided not to interview the juror although a private conversation could be held.
The trial resumes in its 8th day with testimony starting at 9 a.m. Thursday.
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