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Defense team in Gov. Whitmer kidnapping case seeks to dismiss indictment

Posted at 8:13 AM, Dec 27, 2021

(WXYZ) — Defense attorneys for the five men accused of plotting to kidnap and kill Governor Gretchen Whitmer are seeking to dismiss the indictment against their clients.

In the 20-page motion, the attorneys described the charges as “egregious overreaching” by federal agents and informants.

The defense attorneys filed the motion Saturday night claiming that FBI agents and federal prosecutors invented a conspiracy entrapping the defendants.

Each defendant could face up to life in prison if convicted.

Federal prosecutors argue that the accused were not entrapped. And that alleged the men were upset over coronavirus restrictions when they conspired to kidnap Whitmer.

The defense is asking U.S. District Judge Robert Jonker to dismiss the conspiracy charge, which would effectively knock down the federal government's case and other connected charges.

The request comes after claims were made against the government’s team, including the conviction of Richard Trask, an FBI special agent who was arrested on a domestic violence charge and later fired and convicted of a misdemeanor.

The five people charged with the kidnapping conspiracy have pleaded not guilty, and await their trial that is set to take place on March 8 in Grand Rapids.

Meanwhile, in January, a sixth man, 26-year-old Ty Garbin, pleaded guilty and is serving a six-year federal prison sentence.