Defense attorneys seek information on FBI informants in Hutaree case
David Stone Jr.
Defense attorneys for Hutaree militia member David Stone Jr. filed a motion Monday, asking the government to disclose the identities of two confidential informants that the FBI relied upon when it began formally investigating Hutaree in 2008.
The "motion for disclosure and production of confidential informants" was filed the same day 29-year-old Hutaree member Joshua Clough of the Blissfield area pleaded guilty in federal court in Detroit to a gun charge in the case.
Defense attorneys are seeking the identify of a man known to Hutaree members as "Dan Murray" who made "audio and video recordings of several Hutaree trainings" over a 19-month-period while posing as a Hutaree member. They also are seeking the identity of a confidential informant who claimed the "notorious 'anti-government conspiracy' theorist Mark Koernke was one of two leaders" of Hutaree. Koernke, of Webster Township, wasn't charged in the case.
The FBI relied upon the informants when agents asked in September 2008 that a formal investigation be opened into Hutaree. Five months after that request, the FBI inserted an undercover agent into the group. The undercover was a certified special agent bomb technician who is a trainer in basic booby traps, court records show.
Stone Jr. is among seven Hutaree members awaiting trial on charges the group was plotting to attack law enforcement. Another member has been declared incompetent to stand trial.
Attorney Todd Shanker of the Federal Defender Office filed Monday's motion, along with an 11-page FBI report dated Sept. 30, 2008, that shows why agents were requesting a formal investigation be opened into Hutaree.
The FBI report says Hutaree had the following beliefs:
Hutaree member Wendy Lineweaver of Manchester Township, who was not charged in the case, said those beliefs were shared by some, not all, Hutaree members. Much of the FBI report is inaccurate, she said.
"There's a little bit of truth in there," she said. "But, for the most part, it's a fabrication from start to finish."
For instance, the report says after a Hutaree training, Lineweaver escorted an undercover informant off some property in her car. The report says Lineweaver was driving, while a woman in the back of Lineweaver's car held a gun at the back of the informant's head. At the time, Hutaree members did not know the person was an informant.
Lineweaver said she never escorted anyone off the property, but gave a man a ride. "He asked me for a ride back to his car," she said.
Lineweaver said there was a woman in the back seat, but she never pointed a gun at anyone. "It never happened," Lineweaver said. "That woman never had a gun in her possession. She never fired a weapon that day."
Comments
Ethan Koernke
Wed, Dec 21, 2011 : 8:14 p.m.
How Crazy are these guys? Turn to time index 22:55 on this video. <a href="http://www.youtube.com/watch?v=qEX7h8TENtQ" rel='nofollow'>http://www.youtube.com/watch?v=qEX7h8TENtQ</a>
Ethan Koernke
Wed, Dec 21, 2011 : 7:56 p.m.
I have read The Court Documents and guys It is a HUGE fabrication. One of the people the have tried to prosecute was in prison for 7 years and two years into his sentience, supposedly was arrested by ATF and FBI for gun ownership charges. This is while his home is in south east Michigan and he is in a Prison in the Upper North East corner of the Upper Peninsula. This case is falling apart because these FBI made up most everything (Asside from the names Mentioned). The FBI, the South Eastern Michigan Militia. should be Tried for absconding with the courts, and the people's time who they have held for nearly a full year without trial. And further more the Property lost and Wages lost should be payed in full to the true Victims from these three states. Don't forget to charge the prosecutor for Forgery or Falsification of court Documents. Which is a Federal Crime!
RJA
Tue, Dec 6, 2011 : 7:39 p.m.
I'm over this Hutaree story! When one doesn't know who or what to believe, believe nothing.
Mystery1727
Tue, Dec 6, 2011 : 5:17 p.m.
I know Wendy Lineweaver personally, as well as one of the members being held in this case, and I hate to inform you all that this is complete and udder bull honkey. Wendy is a very stable person with a big heart, andif she did anything wrong, why was she let go? She was at the funeral that was set up and raided. The Stone family are the ones that believe all of these ridiculous theories, and no one ever wanted to come to their meetings, which, as I understand, quite upset them. Why can't grown men go play army with each other? Is kids playing paintball in the woods really much different? And is holding people without a trial or the possibility that they may wait for one with there families fair? I don't think so.
Mystery1727
Tue, Dec 6, 2011 : 5:24 p.m.
Not to mention, the undercover informant didn't seem to recall anything when they were questioned. Exact words "I don not recall.", "I don''t remember." The only thing witha straight answer was "NO, I didn't see and explosives." hmmm....
Roadman
Tue, Dec 6, 2011 : 5:01 p.m.
The use of governemnt informants has been controversial in recent years. Very often informants negotiate - for cash or freedom - criminal intelligence, cooperation, or testimony that the Office of United States Attorney then uses in a controversial high-profile case. The key is whether the prosecution looks at such evidence with a discerning eye before it forges ahead with a court case. Recall the Detroit terror cell prosecutions by Assistant U.S. Attorney Richard Convertino. Initially hailed as a landmark case in convicting local terrorist activity, all convictions were later thrown out by the presiding judge and Convertino and a federal agent were subsequently indicted by the U.S. Department of Justice Office of Public Integrity for alleged misconduct; both were later acquitted by a federal jury but serious questions remained about the government's good faith.
Roadman
Tue, Dec 6, 2011 : 4:34 p.m.
Thank you for providing the links. It is interesting to see if the government can win this case. Recall the Robert Miles sedition indictment of over 20 years ago where the FBI lost the entire case against all defendants. This indictment is similar inasmuch as the FBI seems to be targeting discussions of resistance without any clear-cut actionable plan that is illegal under federal law. The government's case took a blow when most defendants were released on bond over the objections of the Office of United States Attorney. Judge Roberts did not believe prosecutorial claims that these defedants posed a danger to the public; The U.S. Court of Appeals agreed with Roberts. The defendants got a big break when they drew Judge Roberts - who was a noted civil rights attorney before getting her appointment to the federal bench by President Clinton.
Alan Goldsmith
Tue, Dec 6, 2011 : 4:30 p.m.
"Hutaree member Wendy Lineweaver of Manchester Township, who was not charged in the case, said those beliefs were shared by some, not all, Hutaree members. Much of the FBI report is inaccurate, she said. "There's a little bit of truth in there," she said. "But, for the most part, it's a fabrication from start to finish."" Ah, the continuing AnnArbor.com saga of the misunderstood, 'just folks' militia members. Once again, your journalist coverage stand by itself. Lol.