Court: Hutaree Members Must Stay in Jail for Now

Nine Midwestern militia members accused of conspiring against the government must stay locked up while prosecutors challenge an order that would release them until trial, a federal appeals court ruled Monday.

A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati said it was continuing a temporary stay of a Detroit U.S. district court's decision to free the Hutaree members pending trial.

The ruling made clear the panel wants consideration of the government's appeal to move swiftly.

"Because of the importance of the issues presented, the Clerk of the Court shall establish an expedited schedule for the submission and consideration of any additional materials needed to facilitate appellate review of the merits," the ruling reads.

The decision is at least a temporary victory for prosecutors, who claim the nine are a risk to the public. They're charged with conspiracy to commit sedition, or rebellion, against the government and the attempted use of weapons of mass destruction.

U.S. District Judge Victoria Roberts had ordered electronic monitors and set many strict conditions for their release from jail. The militia members have been in custody since late March.

Six of the defendants are from Michigan, including alleged group leader David Stone of Lenawee County's Dover Township, two are from Ohio and one is from Indiana.

Much of the government's evidence made public so far shows militia members talking about killing police officers and attacking officers who turn up for the funeral. No specific plot with specific targets has been disclosed.

Defense attorneys say the conversations may contain repulsive speech and violent scenarios. But the talk also is peppered with laughter, "childish sounds and noises" and "detail-barren" schemes, attorneys Richard Helfrick and Todd Shanker have written.

[rile1con]

These stupid hill-billies were set up and the Judge knows it. She was going to let them go, but someone got to her. Why would she even consider letting these 'violent domestic terrorist' go, if they were clearly guilty? Come on. Can't you see that this was all to promote the concept of 'deomestic terrorists' so the government can use the Patriot Act and related legislation against the American people? Or do you actually believe that our government and the media they control always tell us the truth?

[nojoy01]

Back in 1970 a couple of friends of mine & I were investigated by the BATF (back then it was just the ATF). It seems that an acquaintance of ours had walked into a local gun store and asked if he could get a discount if he would buy 10 M1 Carbines at the same time. He explained that he was the "purchasing agent" for "the group" that he belonged to. (the kid was 19 and forever trying to impress somebody (anybody) with his mouth) The man he talked to was the store owner. The owner allowed as how it would take some time for him to get the figures together & could he have his (the kids') name & phone number so he could call when he got the figures together. Yup. The kid gave his name, phone number, AND THEN SAID IF HE WASN'T HOME, HE COULD CALL ANY OF THE "OTHER MEMBERS OF THE GROUP" and leave a message. You got it. He gave the man mine & my friends names & phone numbers. As soon as the kid left the store the owner called the ATF and gave them the particulars. That began a 6 month "investigation" with myself & my two friends living with ATF agents in our hip pockets. Followed, staked out, phone taps, & finally, interviews. Eventually the ATF Agents got it right. There was no "group" & we were just friends that hung out together & occasionally went target shooting, at a range, no less. I hate to think of how much time, money, energy, and effort were wasted just because a kid told some wild a$$ed story with no truth to it. Which brings me to the point for telling this. After reading this article (and some of the others) it strikes me that what we have here could very well be a bunch of dummies sitting around daydreaming about being bad a$$es. And somebody took it seriously. Don't know. I do know that prosecutors don't get involved if they don't think that they can "get a conviction". On one level it would be hilarious if these were "bad a$$ wannabes" and their mouths got them a ticket to a federal pen. If they were serious, weld the cell door shut.

[ToolMangler1]

If that had happened these days, You would still be in jail.
In 1955 I used to buy explosives over the counter. (Just sign for it and go.) We used it for blowing up stumps, powder wedges or cracking boulders. I wouldn't even buy a firecracker these days (I'd never live long enough to get out of prison)(Bad heart)...

[formrusmcsgt]

Who in their right mind would ever release these fools after apprehending them?

I can't believe the request was even taken seriously.

[lilbear925]

These people knew their plan was to murder police, then ambush more at the funeral. If they are freed, what do you think they are going to do, now that they have been caught, embarassed and disarmed? They will go rearm and immediately carry out their plan -- either that or disappear into the forest to make another ambush plan. They should all be dealt with swiftly and decisively to prevent them from killing anyone.

[dslovejoy]

Domestic terrorism should be handled more severely than any other. For a "Home grown" person to become a terrorist is inexcusable. You don't win people over to your cause by acting like a fruitcake.

[ToolMangler1]

"Domestic terrorism should be handled more severely than any other. For a "Home grown" person to become a terrorist is inexcusable."


If the extremist get the idea that being American gets you less punishment than being foreign, they will all come here through Mexico then become citizens for a few years before they blow us up.

[animaltoo]

What kind of people conspire to murder by ambush? To be sure, the worst kind.

[nojoy01]

by animaltoo May 10, 2010 6:12 PM EDT

What kind of people conspire to murder by ambush? To be sure, the worst kind.
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Well, myself personally, I don't see any difference between a murder committed while the victim is looking at the murderer or if the victim is shot in the back from behind a tree. But then I've always been a "black & white" kinda guy. Which has, if you can believe it, caused me no end of trouble in these "politically correct" days we live in now. A thief is a thief, a murderer is a murderer, and a rapist is a rapist, not some poor soul who had a troubled childhood, or was molested, or has been "victimized" by society and therefore not responsible for their actions. There are no "extenuating circumstances" for stealing, rape, or murder. (not to be confused with "justifiable homicide" in defense of ones' own or anothers life)