By Robert Snell and Christine Ferretti
The Detroit News
DETROIT — Seven Hutaree militia members were acquitted Tuesday of conspiring against the United States, a stunning victory in a First Amendment battle that raised questions about the government’s handling of a high-profile terror case.
U.S. District Judge Victoria Roberts said the government’s case was built largely on circumstantial evidence. She said prosecutors failed to prove the Lenawee County-based group planned to wage war against the government.
The judge’s order ends criminal charges against five Hutaree members who faced up to life in prison if convicted. Weapons charges will continue against Hutaree leader David Stone Sr. and his son Joshua Stone.
The acquittals likely won’t lead to a revival of a fringe group that drew international attention and ridicule from other militias.
“I don’t think it will ever be a name in the militia movement again,” Hutaree member David Stone Jr. said.
“If it does go forward, I don’t think I’ll be a part of it,” he said. “I’m certain I won’t be.”
Defense lawyers criticized the FBI and prosecutors for overreaching and infringing on free speech rights and the right to bear arms.
“The government stepped on the rights of people who did nothing more than mouth off,” said Todd Shanker, the attorney representing David Stone Jr.
Shanker blasted the FBI for picking on an easy target.
“The FBI set up a crime that was controlled so there was no danger to anybody,” he said. “Then they prosecuted those people and held themselves out as if they were protecting Americans. It’s great that justice was served, but it’s very disturbing what went on with this investigation.”
Legal experts said the acquittals struck a blow for prosecutors and the FBI, which spent two years investigating a case that relied on a confidential informant and undercover agent, both of whom infiltrated the fringe militia group.
Hutaree members were accused of plotting to kill a local law enforcement official and attack the funeral procession that would draw officers from across the country.
During the six-week trial, prosecutors played secretly recorded conversations with David Stone Sr.
“We need to quit playing and get serious,” the Clayton man said during one conversation. “This war will come whether we’re ready or not. Now’s the time to strike and take the nation back.”
The acquittals came exactly two years after the FBI made arrests in the case. And they came five months after an unqualified victory: the successful prosecution of underwear bomber Umar Farouk Abdulmutallab.
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. It demonstrates how difficult it is to prove conspiracy cases that have not advanced very far.”
The FBI and U.S. Attorney’s Office declined comment Tuesday, citing the pending charges against David Stone Sr. and David Stone Jr.
The judge’s order acquitted the members on charges including seditious conspiracy and conspiracy to use weapons of mass destruction.
“While this evidence could certainly lead 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.
Along with David Stone Sr., the defendants include his wife, Tina Stone, and son, Joshua Matthew Stone, both of Clayton; and son David Stone Jr. of Adrian.
Other defendants include Michael Meeks of Manchester; Thomas Piatek of Whiting, Ind., and Kristopher Sickles of Sandusky, Ohio.
“Wow. Wow,” Joshua Stone’s attorney, James C. Thomas, said minutes after the acquittals. “We’re extremely elated. This was a gutsy call by the judge.”
William Swor, who represents David Stone Sr., said the judge’s opinion is very powerful.
“It shows that the judge was paying attention to evidence and not the emotions,” Swor said. “She obviously worked very hard at this and took her responsibility seriously and we’re grateful.”
Swor said he visited his client Tuesday in jail and told him about the ruling.
“He thanked God. He thanked the defense attorneys and he thanked the judge,” Swor said. “We’ve still got a ways to go and we know we’re not done.”
Swor said they’ll be back in court Thursday, and he plans to make a motion for bond “as soon as possible.”
Defense attorneys had sought acquittals in court Monday, saying prosecutors failed to show proof of a conspiracy to commit rebellion.
The attorneys admitted there was plenty of offensive talk about police and the government but all was protected by the First Amendment.
Tina Stone’s attorney, Michael A. Rataj, praised Roberts for “making the right decision.”
“The government had their dog and pony show about how dangerous these people were and they knew these people weren’t dangerous,” Rataj said. “It’s a great day for our clients and for the First and Second Amendment.”
Rataj said Tina Stone, who has been out of jail on a $10,000 bond, couldn’t believe the case against her had been dismissed.
“She asked: ‘Are you lying to me?’” Rataj said.
During testimony Monday, Assistant U.S. Attorney Sheldon Light conceded there was no proof of a “specific plan” to attack the government.
But he said there was much evidence in secretly recorded conversations to show the Hutaree militia wanted to draw in federal law enforcement by killing local authorities.
“I would not agree that there had to be a plan for a widespread uprising to constitute the conspiracy charge,” Light said. There was no actual attack before militia members were rounded up in March 2010.
On Monday, the judge sharply questioned Light about defendant Tina Stone.
There’s no dispute she was present and spoke during hours of conversations secretly recorded by an undercover FBI agent, but she doesn’t appear to have been a consistent participant.
The judge said prosecutors seem to believe that someone can be charged with conspiracy unless they actively disagree with the plot.
“So much of this case is about people being present. ... Many things the defendants said are quite offensive. But so what?” Roberts said Monday.
The trial against David Stone Sr. and his son is scheduled to continue Thursday. Legal experts suspect the weapons charges may be resolved quickly in light of the acquittals.
“I can’t imagine they would get more time than (time) they’ve already served,” Shanker said.
Michael Meeks’ attorney, Mark Satawa, credited the judge Tuesday. “This case was troubling from the very beginning,” he said.
“It was troubling during trial. It was troubling when we fought over bond and even troubling at the end.”
An eighth member, Joshua John Clough, formerly of Blissfield Township, pleaded guilty in December and will spend at least five years in federal prison on a charge of using a firearm during and in relation to a crime of violence. He had faced up to life in prison, but reached a plea deal with prosecutors.
In July, Roberts ruled that a ninth Hutaree member, Jacob Ward of Huron, Ohio, is incompetent to stand trial and ordered him to undergo treatment.
Christopher Seikaly, a Southfield-based attorney representing Ward, said his client was not part of the motion for acquittal, but he expects the case against Ward will be dropped as well.
“He was not part of this motion, but it will probably impact him,” Seikaly said. “I can’t see how they can try him if the others were acquitted.”
Copyright 2012 The Detroit News