Judge sets December sentencing dates in Gov. Whitmer plot

Associated Press

Grand Rapids — Two men convicted of plotting to kidnap Michigan Gov. Gretchen Whitmer will be sentenced in December, a judge said Wednesday.

Potterville resident Adam Fox's date is Dec. 12, while Barry Croft Jr. of Delaware will return to court on Dec. 28, U.S. District Judge Robert Jonker said.

They were convicted of two conspiracy charges Tuesday in federal court in Grand Rapids. Croft also was found guilty of an explosives charge. They face up to life in prison.

Barry Croft Jr., left, and Adam Fox.

MoreWhy Whitmer kidnap trial ended in convictions, but feds 'not out of the woods'

Authorities said the kidnapping plot was the culmination of months of disgust about government, especially stay-home orders and other restrictions during the COVID-19 pandemic.

“This shows that people will be held accountable,” Whitmer said during a public appearance Wednesday. “We settle our differences at the ballot box and then we move forward. And I think yesterday’s conclusion of the trial was a just result.”

Whitmer, a Democrat, faces Republican Tudor Dixon in the Nov. 2 election.

Croft, 46, is from Bear, Delaware. Fox, 39, was living in the Grand Rapids area when he was arrested in 2020.

But the retrial exposed some potentially troubling signs for the government if the convictions get appealed as expected, legal experts told The Detroit News. 

Jonker set time limits on cross examination of government witnesses despite complaints from defense lawyers. And he oversaw what some defense lawyers called a rushed jury-selection process that lasted less than one business day. Legal experts anticipate the time limit imposed on cross examination will be part of an anticipated appeal.

Kaleb Franks of Waterford Township, who pleaded guilty, still has not been sentenced. Ty Garbin of Hartland Township quickly cooperated with the government and also pleaded guilty. He's serving a six-year sentence but could get a reduction.

Daniel Harris and Brandon Caserta were acquitted at trial in April.