Federal prosecutors will try again to convict accused plotters Barry Croft and Adam Fox in an alleged 2020 scheme to snatch Gretchen Whitmer.
Adam Fox of Grand Rapids and Barry Croft of Delaware must face a retrial, a federal judge ruled Thursday, The Detroit News says. Jurors in April split over their guilt or innocence, causing a mistrial. Two co-defendants were acquitted after a 20-day trial in the largest domestic terrorism case in recent U.S. history.
Defense attorneys for Fox and Croft argued there is insufficient evidence to convict the defendants of kidnapping conspiracy or agreeing to use a weapon of mass destruction.
Chief U.S. District Judge Robert Jonker disagreed during a hearing Thursday afternoon in Grand Rapids.
"A rational jury, in my view, could still rule against Mr. Fox, rule against Mr. Croft," Jonker ruled from the bench. "We will need to have another jury weigh the evidence."
The judge set Aug. 9 as a trial date, though Croft's lawyer -- Joshua Blanchard of Greenville, Mich. -- said he has (make that had) a vacation planned.
Croft is 39 and Fox is 46.