Defense presses key informant on texts with FBI in Whitmer kidnapping trial – Detroit Free Press
The informant known as "Big Dan" took the witness stand for the third straight day Tuesday in the trial of four men alleged to have conspired to kidnap Michigan Gov. Gretchen Whitmer in 2020.
Attorney Julia Kelly continued her cross-examination of Dan, a truck driver for the postal service who became a vital informant for the FBI during its months-long investigation. Kelly is representing defendant Daniel Harris in the trial.
She focused on conversations Dan had with his FBI handler agents in the months between his initial contact with the FBI in March 2020 and the October 2020 arrest of the alleged conspirators.
Dan had initially joined the Wolverine Watchmen, a militia group, in March 2020. He joined the group for its Second Amendment rights enthusiasm, which he shared. But Dan reached out to police after hearing of potential threats against law enforcement. A week later, the FBI contacted him.
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Kelly asked Dan about messages exchanged between himself and agents, particularly around alleged-ringleader Adam Fox. Dan told jurors he would call the handler agentsfrequently, especially after meeting with militia members and others involved.
Dan was given a goal by the FBI further communication between Fox and militia leadership. A text from FBI Special Agent Henrik Impola commended him for his efforts "look at you, bringing people together."
Kelly pressed the informant on what he was directed to do by the FBI and how he interacted with the group after.
"You're doing a lot of mediating between the groups," she asked.
"I'm trying to figure out what their motives were, yes." Dan responded.
He also raised concern with agents about being discovered as an informant. The FBI told Dan to blame another militia member who some in the group already suspected of being a federal agent. The man was referred to as "fed boy," due to infrequent attendance at field-training exercises.
During her cross-examination, Kelly asked the informant to review transcripts of conversations he had with Harris and other alleged conspirators.
She pointed out something Harris said in multiple conversations at different meetings he knew an individual through a friend who could make explosives for the group, if needed, or "if s--- hits the fan."
Kelly said "if s--- hits the fan" referred to the men actually pulling off kidnapping the governor, which she said was purely hypothetical.
"(Harris) didn't reach out to this person to kidnap the governor, correct?" Kelly asked.
Nils Kessler, a prosecutor arguing the case for the government, objected to Kelly's line of questioning, saying she was leading the witness to speculation. Circuit Judge Robert Jonker granted the objection.
During an Aug. 9, 2020, field training exercise in Munith, Dan and Fox discussed the "bug out plan," or meetingin northern Michigan at the residence of Ty Garbin, a previous defendant who has already plead guilty.
Dan told Kelly the plan was for if the governor was actually kidnapped. In a recording from the Munith event, taken by a concealed recording device worn by Dan, he's heard discussing what would happen "if s--- hits the fan."
"Are we talking if martial law is being implemented, mass rioting, stuff like that?" Dan is heard asking Fox.
Kelly was the second defense attorney to cross-examine Dan, who first took the stand for a direct examination from prosecutors Friday. Fox's attorney, Chris Gibbons, spent the majority of Monday's session conducting his cross-examination.
After dismissing the jury for a break Tuesday morning, Jonker implored the defense to be more concise in their cross-examinations, telling attorneys they could be overwhelming the jury with evidence.
"Sometimes, less is more," Jonker said.
Cross-examinations continue.
On trial are Fox, 38, of Potterville; Harris, 24, of Lake Orion; Brandon Caserta, 33, of Canton, and Barry Croft, 46, of Delaware. All face kidnapping conspiracy charges; three face weapons of mass destruction charges.
If convicted, each faces up to life in prison.
Two codefendants, Garbin and Kaleb Franks, have previously pleaded guilty and plan to testify against the others.
ContactArpan Lobo: alobo@freepress.com. Follow him on Twitter @arpanlobo.
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Defense presses key informant on texts with FBI in Whitmer kidnapping trial - Detroit Free Press