Hutaree militia members can leave jail until trial
New development: Judge grants stay of order to release Hutaree members
A judge says nine members of a Michigan-based militia accused of trying to plot war against the government can be released from jail on bond until trial.
U.S. District Judge Victoria Roberts on Monday overturned the April 2 decision of a federal magistrate judge. She says all can be released with electronic monitoring devices and other strict conditions. They are expected to be released Tuesday, the U.S. Marshals Service said.
The government says the nine members of Hutaree are radicals who planned to kill police officers and more. They were charged in March with conspiracy to commit sedition and attempted use of weapons of mass destruction.
Defense lawyers say it's just a case of irrational, hateful speech.
Judge Roberts said in court last week that "a lot of this case is going to be about the spoken word."
In her 36-page order today, Roberts wrote, "The United States is correct that it need not wait until people are killed before it arrests conspirators. But, the Defendants are also correct: their right to engage in hate-filled, venomous speech, is a right that deserves First Amendment protection."
Mike Lackomar, a spokesman for the Southeast Michigan Volunteer Militia, which says it cooperated with the FBI’s probe into Hutaree, questioned whether Hutaree members should be released.
“What they have been alleged to have been plotting, if they have the evidence to support that, I think the group should have been detained pending trial,” he said. “What they have been accused of is such a heinous idea that it baffles my mind.”
One of the conditions imposed on Hutaree leader David Stone, who is charged in the indictment, is that he cannot communicate with militia member Mark Koernke of the Dexter area.
Local militia member Jimmy Schiel, who has been a friend of Hutaree member Michael Meeks for 30 years, said he's relieved at the judge’s decision.
Meeks of Bridgewater Township, who is charged in the indictment, is the best man in Schiel's wedding Saturday, Schiel said.
“They don’t need to be sitting in jail for the next 18 months awaiting trial," Schiel said. "That’s ridiculous. Some of these guys have jobs.”
He said what he's seen of the case is "a lot of talk."
“It’s gonna come down to a big debate on what is free speech,” he said.
Hutaree member Wendy Lineweaver, who was questioned by FBI agents during a March 27 raid at a phony Hutaree memorial service in Ann Arbor, said she will be following the court proceedings.
“I guess we’ll see what happens at the trial,” she said. “Everything should come out at the trial.”
The Associated Press contributed to this report.
Comments
krc
Tue, May 4, 2010 : 8:10 a.m.
This comes just before the Police will gather to say goodbye to one of their own in Detroit, who was killed in the line of duty yesterday. I hope that security will be very tight during this sad occasion. Will the released Hutaree members behave themselves and stick to the conditions ordered by the judge? I hope so but I won't be surprised if they don't. They are fanatics and their stated purpose was to attack a police funeral. Guns are available everywhere. Electronic tethers can be cut off. Be careful out there, guys.
mike from saline
Tue, May 4, 2010 : 7:48 a.m.
in an article in the Free Press on Thursday, [on this hearing] it was pointed out, that the so-called "weapons of mass destruction", mentioned in the original story after the raid, turns out to be explosive device's, detonated, and supplied by the undercover FBI agent, exclusively.
llspier
Mon, May 3, 2010 : 8:02 p.m.
Read the Judge's Order yourself here: http://www.mied.uscourts.gov/Opinions/robertspdf/Order%20on%20Detention%20in%20Militia%20Case.pdf It says a great deal about what is legal and what is illegal according to the Constitution. It also makes it pretty clear that the government doesnt have much of a case.
Ian
Mon, May 3, 2010 : 7:54 p.m.
@Tru2Blu76, "Looking back at the JFK, RFK and MLK assassinations: wasn't the lasting lesson that we should take all of these "just folks" people who indulge in politically motivated anger / hate and threats seriously? Oswald, Sirhan and Ray were all "ignored" until they killed leaders they disagreed with." Are you sure about who really committed the murders or are you just repeating what you were told by the corporate owned media? I'd say do your own research. Then THINK for yourself! For your information, McVeigh was a patsy. The government and media did not show you all the evidence. "I am just a patsy." - Lee Harvey Oswald. He said this just before he was murdered to avoid a trial. Case closed. How convenient.
Ian
Mon, May 3, 2010 : 7:40 p.m.
Just as I have been saying for the past month, these people were framed and the judge saw right through it. Good for her. Most of the evidence was hearsay from a FBI informant that did everything possible to get dirt on these people. The FBI should be the ones on trial. The FBI brought in an armored vehicle, the ATF, the Anti-Terrorism Task Force, the local and state police for these people! What a waste of money and man power. I'd hate to see what the FBI would do if someone really broke the law.
RJA
Mon, May 3, 2010 : 7:36 p.m.
What a mess this has all turned into. Waiting to see what happens now between release and trial. Like tethers are really going to stop them from doing what is on their minds. Stay safe law officals.
Edward R. Murrow's ghost
Mon, May 3, 2010 : 4:56 p.m.
I'm certain that the Hillsdale and Lenawee County law enforcement personnel will sleep easy tonight knowing that these folks had to turn in their weapons and that they'll be wearing a tether.
bobr
Mon, May 3, 2010 : 4:56 p.m.
One of the ironies is that these weirdos were ordered released by a very fine federal judge, an African American with a superb civil rights records. Exactly the kind of person these armed yokels are upset about.
tdw
Mon, May 3, 2010 : 3:56 p.m.
@loka no that is not enough to justify deadly force as its not a direct physcial threat it could justify an arrest though. please excuse my spelling I can't find my spelling ace
Lokalisierung
Mon, May 3, 2010 : 3:36 p.m.
@tdw - Sure I understand that but there has to be some sort of realism to it all. If I'm walking home from work by a junior high and some 11 y/o kid comes out and says "I'm goign to kill you," I can't just pull out a gun and blast him and say "hey, he threatened my life I was defending myself," can I? hmm...maybe that still is an assualt just not enough for a attempted murder charge or something big like that. @ tru "Such claims to "normalcy" are obviously incorrect and misleading: "just folks" don't develop obsessions over weapons or fantasize about "saving the country" from imagined enemies." Again your imposing your view that these people were "obsessed with weapons." I'm not quite as ready as you are to believe that, although it is just my opinion. If having this "obsession" means owning firearms and shooting them on your property that doesn't seem to obsessive to me. Collecting things that are legal in this country/state, being a sporting enthusiast, collections of none mainstream lituature, that's all legal stuff. Sitting around talking about killing folks is not my cup of tea sure, but that doesn't mean it should be met with ideas that these people are capable of starting a war with the government. Again, that's what the whole case is about so I guess we'll see.
tdw
Mon, May 3, 2010 : 3:07 p.m.
@Loka I was actually referring to a verbial threat directly to another person.And I have arrested people for it
genericreg
Mon, May 3, 2010 : 2:59 p.m.
I am pretty sure you have to partially convince a federal judge to get a warrant. Then you try to completely convince a judge and/or jury in a trial. Being released until that trial is based on threat, flight risk, etc. Stop trolling.
Tom Joad
Mon, May 3, 2010 : 2:35 p.m.
Are you privy to the evidence collected by the FBI? Obviously the FBI agent didn't convince a federal judge. Prosecuting speech like this can have a chilling effect on political dissent.
Lokalisierung
Mon, May 3, 2010 : 2:33 p.m.
"@djm12652 If a person threatens to kill a person directly ie..I'm going to kill you..." I don't know if that's technically correct. I thought there had to be a componant of believablity/ability to such a crime? As In; If I say I'm going to kill Person A becasue they post someting on these boards, that is not a crime becasue I don't know the person and I do not have the ability to do it. Plus, would an average person really think they are going to be murdered becasue someone said it on a message board.
tdw
Mon, May 3, 2010 : 2:26 p.m.
@djm12652 If a person threatens to kill a person directly ie..I'm going to kill you or makes a call to a place and threatens to kill people then it is a crime it's called terroristic (? spelling )threats.If someone sits around with others in private and threatens to kill someone its not a crime
Lokalisierung
Mon, May 3, 2010 : 1:50 p.m.
"Isn't threatening to kill someone a crime? Or is it free speech?" Well that's kind of a tough question that has been argued many ways for years and years. My opinion is that it should be free speech. Sitting around shooting guns and saying you're going to kill cops to me isn't that big of a deal. But oif course what would an average person in this situation feel is the question. Would an average person, knowing all the facts of this case (as we surely don't), feel they were in danger of being killed by these people. That's what you would have to prove for somehting like an assualt....but this whole "sedition" charge will probably make it easy for them to railroad this group right quick.
Tom Joad
Mon, May 3, 2010 : 1:46 p.m.
Some unprepared FBI agent tries to railroad a group of political dissenters into jail. Thankfully a Federal judge with infinitely more wisdom and judgment felt otherwise.
djm12652
Mon, May 3, 2010 : 1:41 p.m.
Isn't threatening to kill someone a crime? Or is it free speech? I'm so tired of Michigan being displayed as a playground for nut-jobs. When I saw the mug shots, I wasn't concerned about any conspiracy taking place. My concern was that some of that group will continue to procreate, thus diluting and dumbing down the gene pool.
Dr. I. Emsayin
Mon, May 3, 2010 : 11:50 a.m.
Well, they waited until after the President's visit, at least.