Two men recently convicted of conspiring in 2020 to kidnap Democratic Michigan Gov. Gretchen Whitmer called for a third trial Tuesday following an allegation of a potential rogue juror in their retrial, according to the Detroit Free Press.
A retrial jury found Adam Fox guilty Aug. 23 of conspiracy to commit kidnapping and possession of a weapon of mass destruction, while Croft Barry Croft Jr. was convicted of the same crimes in addition to unregistered destructive device possession. U.S. District Judge Robert Jonker heard of an allegation during the retrial that one juror said at work prior to selection they “had already decided the case and intended to ensure a particular result at the conclusion of the trial,” a filing obtained by the Free Press said.
FILE PHOTO: Adam Fox, one of thirteen men arrested on October 7, 2020 on charges of conspiring to kidnap the Michigan governor, attack the state legislature and threaten law enforcement, is seen in a Kent County Sheriff’s Office police mugshot. Kent County Sheriff’s Office/Handout via REUTERS/File Photo
Fox and Croft’s lawyer’s asked Tuesday for a hearing to decide if a juror committed misconduct or was improperly influenced, and they will be allowed to request a new trial if such a factor is found to have harmed them, the outlet reported. The source who brought forward the allegation against the juror had purportedly heard it from an actual witness, who refused identification, and Jonker was persuaded in a seven-minute interview with the juror that they never made the alleged pre-selection comment, court records revealed.
Fox and Croft did not receive a verdict in their initial April trial, with two other men being acquitted, according to The Associated Press. Their defense contended that the FBI entrapped them. (RELATED: FBI Informants Involved In Whitmer Kidnapping Debacle Allegedly Smoked Weed, Shared Hotel Room With Accused Plotter)
Kaleb Franks and Ty Garbin testified against Fox and Croft after previously pleading guilty in the case, Fox 17 reported.
The Western District of Michigan’s U.S. Attorney’s Office directed the Daily Caller News Foundation to the public docket as it pertains to the case.
Fox’s attorney and Croft’s attorney did not immediately respond to the DCNF’s request for comment.
UPDATE: This piece was updated with a response from the Western District of Michigan’s U.S. Attorney’s Office.
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