Hutaree lawyers argue that clients should not be detained
William Swor, left, attorney for David Brian Stone, Christian militia group Hutaree's leader, talks with attorneys Lisa Kirsch-Satawa, and her husband, Mark Satawa, outside of the federal courthouse on Thursday in Detroit. The Satawas are attorneys for co-defendant Michael Meeks.
AP photo
As the various defense lawyers for Hutaree militia members tried to convince a federal judge Thursday to release their clients on bond, they talked about how the members were low-flight risks with solid ties to the community.
But they also tried to convince U.S. District Court Magistrate Judge Donald A. Scheer that it was unfair of him to place their clients in jail for what promises to be a lengthy trial.
“(As) this case is very likely to take longer than average, the court should be cautious in detaining any defendant,” said Mark Satawa, the attorney for Michael Meeks.
William Swor, the attorney for alleged leader David Brian Stone Sr., said he expects it will be months until the case comes up for trial.
Talking to the media outside the courthouse following Thursday’s hearings, several defense attorneys said with nine defendants and nine lawyers, the wheels of justice might grind slowly.
That’s been the case so far, as the arraignment and detention hearings for eight of the nine accused stretched for more than five hours over two days.
The bulk of the defendants have been in the St. Clair County Jail since their arrest late last month.
Their lawyers wouldn’t talk much about how their clients are holding up during their custody, but did say they are ready to be out of jail.
Nine suspected members of Hutaree, self-proclaimed "Christian warriors" who trained themselves in paramilitary techniques in preparation for a battle against the Antichrist, were arrested late last week and earlier this week after a series of raids across the Midwest.
All have been charged with seditious conspiracy, or plotting to levy war against the United States.
Those charged included the group's leader, David Brian Stone Sr. of Clayton; David Brian Stone Jr. of Adrian (the son of David Brian Stone), Tina Mae Stone of Clayton (the wife of David Brian Stone), Joshua John Clough of Blissfield, Michael David Meeks of Manchester Township, Thomas William Piatek of Whiting, Ind., Khristopher T. Sickles of Sandusky, Ohio, and Jacob J. Ward of Huron, Ohio
Scheer said he will issue a decision by Friday on whether any or all of the eight whose detention hearing were in federal court in Detroit will be detained or set free on any bonds.
Several of the defense lawyers have suggested the court could use tethers or other devices to monitor the defendants. Several have also said various family members are willing to have the defendants confined to their houses.
Still, defense lawyer William Swor, who is representing David Brian Stone Sr., said keeping him detained for any time would be wrong.
“One day of unjust detention is too many.”
Once the trial begins, expect much of the defense to rest on the theory that the defendants were just talking, and didn’t take any action. Nearly every lawyer made that argument at one point or the other during the hearings this week.
“This case is all about First Amendment and Second Amendment rights,” said Mike Rataj, the attorney for Tina Stone. “They were just exercising their rights.”
David Jesse covers K-12 education for AnnArbor.com. He can be reached at davidjesse@annarbor.com or at 734-623-2534.
Comments
Top Cat
Fri, Apr 2, 2010 : 9:03 a.m.
Assuming that all the info that has been published about this is reasonably correct, they seem dangerous and a flight risk. Keep them in the hoosegow!
Sandy Castle
Fri, Apr 2, 2010 : 8:43 a.m.
Send them to Guantanamo to await trial. They'll be among other like-minded individuals.
xmo
Fri, Apr 2, 2010 : 8:08 a.m.
Where is the ACLU to defend these people? Obviously, they are hold overs from the long haire,free love, 60's radicals like the SDS ( Students for a Democratic Society) wanting to blow up government buildings and kill authority figures. Leave them in jail before someone gets hurt.
Alan Benard
Fri, Apr 2, 2010 : 7:56 a.m.
My point was that the writer didn't define sedition well. Words matter, and they are all a journalist has to work with.What Hutaree are accused of certainly sounds like seditious conspiracy, as well as conspiracy to commit first-degree murder.They are innocent until proven guilty. But they also appear to be dangerous enough to keep locked up.
clownfish
Fri, Apr 2, 2010 : 7:51 a.m.
I guess what our more, I hesitate to use the word "conservative"...help me out here...posters would have us believe is that it is acceptable under the 1st Amendment to yell "FIREFIGHT" in a crowded country.
mdm93
Fri, Apr 2, 2010 : 6:27 a.m.
Does anyone remember the Tate murders? Charles Manson technically didn't kill anyone, but would you want him free just for saying "kill??" He was just exercising his 1st admendment right. Give me a break. Comes a point to be pre-emptive, and conspiracy and plotting is just as strong as the action itself. Leave em locked up and forget about em. Let them rot in the system.
frozenhotchocolate
Fri, Apr 2, 2010 : 1:07 a.m.
Sedition, no, ten people an insurection does not make. Technically, they have done nothing illegal, just spoke of it, ohh yea, freedom of speech. They bought too many guns, thats not illegal. They may be anti social, but that is why america is so awsome, you can do what you want. Tether them and let them out, they flee, they get an actual charge.
stonecutter1
Thu, Apr 1, 2010 : 11:08 p.m.
So the psycho's family members are willing to take them in? Then lets let all potential murderers back on the streets as long as their families are willing to look after them! Agree with Loka.
Alan Benard
Thu, Apr 1, 2010 : 8:59 p.m.
David Jesse: http://en.wikipedia.org/wiki/Sedition"Sedition is a term of law which refers to overt conduct, such as speech and organization, that is deemed by the legal authority as tending toward insurrection against the established order.... Sedition does not consist of levying war against a government.... Sedition is the stirring up of rebellion against the government in power."http://m-w.comMain Entry: sedition: incitement of resistance to or insurrection against lawful authority
Lokalisierung
Thu, Apr 1, 2010 : 6:26 p.m.
Police Funeral, whoops.
Lokalisierung
Thu, Apr 1, 2010 : 6:18 p.m.
Poliec funeral is just the same as any other funeral. If they'd let them out for 'planning' this against a nomral group, then tht should fit here. I am against obvious facts in titles of stories though.
genericreg
Thu, Apr 1, 2010 : 6:04 p.m.
I will go ahead and say it is okay to jail people accused of plotting to blow up a police funeral. Call me crazy.