A federal judge has denied a new trial request by two men convicted of conspiring to kidnap Michigan Governor, Gretchen Whitmer.
Lawyers for Adam Fox and Barry Croft Jr. alleged misconduct by a juror and unfairness by U.S. District Judge Robert Jonker following their conviction by a federal jury in August.
Judge Jonker in a written ruling Friday shot down claims of juror misconduct and said he found “no constitutional violation and no credible evidence” to convene a new hearing.
Michigan Governor Gretchen Whitmer, who was reelected Nov. 8 to a second term, was never physically harmed in the plot, which led to more than a dozen arrests in 2020.
Fox and Croft’s first trial ended in a mistrial earlier this year when the jury was unable to come to a unanimous verdict. A motion for a third trial was filed in September.
Defense lawyers said a juror seated in the second trial was described by a co-worker as “far-left leaning,” was eager to get on the jury and poised to convict before hearing evidence.
The defense team’s investigator said he interviewed two co-workers who said they had heard about it but had no firsthand knowledge. A third person declined to speak to him in the parking lot.
However, judge Jonker said he spoke privately to the juror, who denied saying that a vote to convict was already settled.
Fox and Croft face up to life in prison when they’re sentenced Dec. 28.