Whitmer Kidnapping Trial: Defense Claims Juror Misconduct: Report

MICHIGAN — The defense for two men accused of plotting to kidnap Gov. Gretchen Whitmer asked the judge Thursday to investigate a claim that a juror had already decided the case before the trial started, The Detroit News reported, citing a sealed federal court filing.

Grand Rapids resident Adam Fox, 39, and Delaware trucker Barry Croft, 46, were order by a federal judge to a retrial after a jury couldn't reach a unanimous verdict on charges in connection to the kidnapping. Two others, Brandon Caserta and Daniel Harris, were acquitted by the jury in April.

Although the court filing didn't demonstrate whether the juror was in support of the government or the defense, the claim of jury misconduct could upend the trial, the report said.

"A prospective juror's failure to disclose material information is grounds for a new trial if it demonstrates bias," Defense Lawyer Joshua Blanchard said.

U.S. District Judge Robert Jonker decided to move forward with the trial while a clerk investigates the matter, the report said. The trial was expected to resume Friday morning.

Ty Garbin, 26, of Hartland Township, and Kaleb Franks, 28, of Waterford Township, pleaded guilty to federal kidnapping conspiracy charges and are expected to testify again as the government's star witnesses.