BELLAIRE, MI -- The final trial for three of 14 men accused of plotting to kidnap Michigan Gov. Gretchen Whitmer prior to the 2020 election began with opening statements Wednesday, Aug. 23.
A jury is being asked to decide if Eric Molitor, 39, of Cadillac; Michael Null, 41, of Plainville; and twin brother William Null, 41, of Shelbyville, contributed material support to a terrorist plot that’s resulted in the convictions of nine other men.
They “supported two terrorists, Adam Fox and Barry Croft, who were planning an attack against law enforcement” in Antrim County, Assistant Attorney General William A. Rollstin told the jury. “These defendants aren’t charged with conducting a terrorist attack or attempting to conduct a terrorist act or communicating a threat of terrorism, they’re charged with providing material support to another who planned the attack.”
A federal jury in August 2022 convicted Fox of Wyoming, Michigan, and Croft Jr., of Bear, Delaware, of conspiring to kidnap the governor. They are serving 16- and 19-and-a-half-year sentences, respectively.
All three defendants in Antrim County are accused of participating in surveillance near the governor’s vacation home.
If convicted of providing material support for terrorist acts, Molitor and the Null brothers each face up to 20 years in prison. The men are also charged with possession of a firearm during the commission of a felony, which carries a mandatory two-year sentence, in addition to any other prison time.
Molitor rode in a vehicle with Fox and a paid undercover FBI informant, “Dan,” during a daytime surveillance trip to Whitmer’s vacation home on Birch Lake in Elk Rapids on Aug. 29.
They “actually reached the threshold of the governor’s cabin’s driveway,” Rollstin said. “They were here surveilling the cabin because Adam Fox and Barry Croft wanted to kill the governor of the state of Michigan, and they were willing to kill her security detail to get to her.”
Molitor’s attorney, William Barnett, said Fox and the undercover FBI informant picked his client up from his home in Cadillac on the way to Whitmer’s property. Molitor, a divorced father who worked security jobs and had custody of his children, lived with his mother.
Molitor was “told by (Fox) that (Fox) was going to take a ride to look at a high-level vacation home in northern Michigan,” Barnett said in his opening statement. Molitor “had no idea (Fox) was referring to the governor’s Elk Rapids cottage or he would never have gone.”
At some point during that trip, it became clear whose property they were hunting for. Prosecutors showed evidence that Molitor typed six Google search queries looking for the address of the governor’s lake house.
“Adam Fox wanted help from Eric Molitor and Eric Molitor provided it,” Rollstin said.
The prosecutor then played audio recorded by the undercover informant of Fox asking Molitor to take a video of the governor’s home. Rollstin said Molitor later provided Fox a radio frequency scanning device intended to find hidden phones or electronics. Molitor’s attorney downplayed the scanner as “a piece of junk,” calling it a “$50, $60 toy you buy in the back of a magazine.”
Following the daytime surveillance that Molitor attended, his attorney said it was clear that Molitor, who used the codename “Barricade,” wasn’t on board with the violent plans.
“Don’t count on Barricade for any extreme (expletive),” Fox texted to the undercover informant five days after the first trip to Whitmer’s vacation home, Barnett said.
Fox would lead a larger, three-vehicle surveillance mission to Whitmer’s property on the night of Aug. 11 during a training exercise weekend held in Luther.
Molitor’s attorney called it a family weekend with children present and at least 29 other attendees. Prosecutors say the get-together also included homemade explosives and a “kill house,” tarps hung to simulate a residence that the attendees practiced military-style drills in.
Molitor attended the training, but did not join the nighttime surveillance. The Null brothers did, according to prosecutors.
Three vehicles set off for Elk Rapids. The Null brothers were asked to act as lookouts and alert the others if they saw law enforcement in the area. Meanwhile, another group drove down Whitmer’s road flashing lights while a third group parked down the lakeshore at a boat launch.
“They were going to see if they could see the flashing lights of the signal car, because then they could get an orientation on it,” Rollstin said. “Because their plan was to go in by boat.”
Their ultimate goal, the prosecution said, was to spark civil war. Rollstin showed a Facebook post written by Croft.
“I believe all it’s going to take is one state to burn out and hang a governor, and those dominoes will start falling,” it said.
“He wanted a multi-state coordinated, simultaneous attack on sitting governors, including here in the state of Michigan,” Rollstin said. “Their plans didn’t involved just kidnapping the governor. Their plan involved a 20-minute, free-for-all gun battle on Birch Lake and the murder of state troopers who were assigned to protect our governor.”
Before the first witness was called, Rollstin asked to have a conversation with the judge while the jury was out of the courtroom.
Previously, Antrim County Circuit Judge Charles M. Hamlyn ruled the defense attorneys could not raise an entrapment defense.
“I have over 20 instances in my notes of them alleging entrapment arguments to the jury,” Rollstin said. “It’s concerning and I think he’s trying to poison the jury to a certain extent, and with little surprise.”
Barnett said his statements were fact, not entrapment claims. Among his claims during the opening statements, Barnett said the accused plotters were ineptly trained, “just terrible,” and likely “going to kill themselves” until the undercover FBI informant, who was skilled in paramilitary operation, became “second in command” and began leading the training sessions.
“You didn’t say the word ‘entrapment,’ but there were a couple if times when you said the FBI did the training ... and you said (undercover informant Dan) is the one who organized these guys, so if it didn’t cross the line, it certainly got up to it,” the judge said. “Let’s just be clear going forward: no entrapment. That is a legal defense, not factual. It will not be argued to the jury.”
Following opening statements, the prosecution called one witness, FBI Special Agent Henrik Impola.
The trial is expected to take up to three weeks and include more than 200 exhibits. Testimony resumes Thursday morning.
Here are the results of the other prosecutions in the kidnap plot case:
Barry Croft Jr. of Bear, Delaware, following a mistrial, was retried and in August 2022 convicted by a jury in federal court for conspiracy to kidnap the governor, conspiracy to use weapons of mass destruction and knowingly possessing an unregistered destructive device. He was sentenced to 19 years and seven months in prison.
Adam Fox of Wyoming, Michigan, following a mistrial, was retried and in August 2022 convicted by a jury in federal court for conspiracy to kidnap the governor and conspiracy to use weapons of mass destruction. He was sentenced to 16 years in prison.
Brandon Michael-Ray Caserta of Canton in April 2022 was found not guilty by a jury in federal court on charges of conspiracy to kidnap the governor and use of a firearm during the commission of a felony. After spending nearly 18 months in pretrial jail detention, Caserta was released.
Daniel Harris of Lake Orion in April 2022 was found not guilty by a jury in federal court on charges of conspiracy to kidnap the governor and use of a firearm during the commission of a felony. After spending nearly 18 months in pretrial jail detention, Harris was released.
Ty Garbin of Hartland accepted a deal in January 2021, agreed to testify against codefendants at the federal trials and pleaded guilty to conspiracy to kidnap the governor. He was originally sentenced to six years and three months in prison, but the U.S. District Court later reduced the sentence to two years and six months in prison.
Kaleb Franks of Waterford accepted a deal in February 2022, agreed to testify against codefendants at the federal trials and pleaded guilty to conspiracy to kidnap the governor. He was sentenced to four years in prison.
Pete Musico of Munith was found guilty in October 2022 by a jury in Jackson County of providing material support for terrorist acts, gang membership and possession of a firearm during the commission of a felony. He was sentenced to 12 years in prison.
Joseph Morrison of Milford was found guilty in October 2022 by a jury in Jackson County of providing material support for terrorist acts, gang membership and possession of a firearm during the commission of a felony. He was sentenced to 10 years in prison.
Paul Bellar of Milford was found guilty in October 2022 by a jury in Jackson County of providing material support for terrorist acts, gang membership and possession of a firearm during the commission of a felony. He was sentenced to seven years in prison.
Brian Higgins of Wisconsin Dells, Wisconsin, accepted a deal in March of this year and pleaded guilty to providing material support for a terrorist in Antrim County. He is expected to be sentenced upon completion of the trial for Molitor and the Null brothers. The crime is punishable by up to five years in prison.
Shawn Fix of Belleville accepted a deal in June of this year and pleaded guilty to providing material support for a terrorist in Antrim County. He is expected to be sentenced upon completion of the trial for Molitor and the Null brothers. The crime is punishable by up to five years in prison.
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