(WWJ) Three men accused in an alleged plot to kidnap Michigan Gov. Gretchen Whitmer will not face a terroristic threat charge, but they will go to trial on multiple other counts.
Judge Michael Klaeren of 12th District Court in Jackson on Monday dismissed a 20-year felony charge of false report or threat of terrorism against Joseph Morrison and Pete Musico of Munith, and did not add the charge as prosecutors has requested against co-defendant Paul Bellar of Milford.
In explaining his decision, Judge Klaeren said, basically, there is no evidence a threat was voiced outside the close-knit group — and Whitmer had no way of knowing about it.
"There has to be some form of intent here to incite mayhem, and even if you voice it to Dan the informant, all three of the defendants — individually and collectively — clearly believed that Dan was with them and wouldn't say anything," Klaeren said.
"If it's not going to get out to the public, how could one take the position that it is designed to create mayhem," the judge said, adding: "I know that the attorney general disagrees on this issue, and I'm sure this won't be the last word on it."
Klaeren did however, rule there was enough evidence to bind Bellar, Morrison and Musico over to circuit court to stand trial on charges of providing material support for terrorist acts, gang membership and using a firearm during a felony.
All three are charged under the state's anti-terrorism law and stand accused of being linked to a militia group, the Wolverine Watchmen, whose members allegedly sought to punish Whitmer for enacting stay-home orders and business closures during the COVID-19 pandemic.
Multipole other men are facing federal charges in the case, after the alleged violent plot was uncovered by the FBI last fall.
Responding to Monday's developments in a statement, Michigan Attorney General Dana Nessel said the state would "explore all options for reconsideration of the charge moving forward."
