Two years after their arrest in MI, OH, and IN on charges that could have sent them to prison for life, and after five weeks of testimony before a federal judge, nine members of the Hutaree militia have been acquitted of the most serious charges against them.
In a sharp rebuke to prosecutors, US District Judge Victoria Roberts granted a defense motion to acquit the militia members on seven charges, including seditious conspiracy and conspiracy to use weapons of mass destruction.
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The judge said the government's case was built largely on circumstantial evidence.
"While this evidence could certainly lead to a rational fact-finder to conclude that 'something fishy' was going on, it does not prove beyond a reasonable doubt that defendants reached a concrete agreement to forcibly oppose the United States government," Roberts wrote.
The judge's order cannot be appealed, said Peter Henning, a former prosecutor and current law professor at Wayne State University. That would constitute double jeopardy. "Ultimately, this was a case that was all talk and no action," Henning said. "This is a blow to the government. They put a lot of resources into this case. It demonstrates how difficult it is to prove conspiracy cases that have not advanced very far."
The judge, a Clinton appointee, said that their expressed hatred of law enforcement did not rise to the level of a conspiracy to rebel against the government.
Hutaree leader David Stone Sr. and his son, Joshua Stone, still face trial on charges related to possession of a machine gun and unregistered weapons.