Judge puzzled by the transfer of men loosely linked to Whitmer kidnapping case out of state to federal prisons
Lawyers for the men peripherally linked to the supposed plot to kidnap Michigan Gov. Gretchen Whitmer (D) are finding it difficult to talk their clients through the appeals process because their clients have been transferred hundreds of miles out of state and into federal prisons. They recently brought their concerns to the attention of the judge who last year sentenced Paul Bellar and Joseph Morrison.
Jackson County Circuit Court Judge Thomas Wilson made clear Friday he too wants to know how and why the duo ended up in Pennsylvania and Illinois.
What's the background?
Paul Bellar and Joe Morrison weren't directly involved in the supposed plot to kidnap Whitmer. They did, however, express contempt for the Whitmer administration's pandemic restrictions; practice shooting with the kidnap-schemer Adam Fox in rural Jackson County; and associate with an FBI-infiltrated group called the Wolverine Watchmen, which prosecutors claimed was a criminal enterprise.
Morrison and his father-in-law, Pete Musico, reportedly founded the group.
Assistant Attorney General Sunita Doddamani claimed they were running a "terrorism training camp in Jackson County."
Bellar, Morrison, and Musico were ultimately found guilty of supplying "material support" for a terrorist act in October 2022. Bellar and Morrison were also convicted of possession of a firearm in the commission of a felony and membership in a gang, reported the Associated Press.
Michigan Attorney General Dana Nessel cited the convictions as a big win in the last weeks of her re-election campaign before the November 2022 election. Whitmer similarly seized upon the case for political advantage, suggesting her election opponent Tudor Dixon was "part of the problem" and that former President Donald Trump had given "comfort to those who spread fear and hatred and division."
Whitmer reportedly impressed upon Wilson the importance of making examples of the men, telling Wilson to "impose a sentence that meets the gravity of the damage they have done to our democracy."
In December, Bellar was sentenced to a minimum of seven years in prison. Morrison got 10 years.
Both men filed appeals of right from their convictions and were subsequently appointed appellate counsel.
Puzzling transfers
In late September, Bellar's appellate lawyer, Ronald Ambrose, requested a hearing concerning his client's confinement, noting that Bellar had been sentenced to the custody of the Michigan Department of Corrections on Dec. 15, 2022, but had since been transferred hundreds of miles away to a federal prison in Pennsylvania.
Ambrose stated that as a consequence of the transfer, it has become difficult to communicate with Bellar, especially with any degree of confidentiality, for the purposes of preparing his appeal.
"Mr. Bellar is requesting the Court to hold a hearing as to why he was removed from the State of Michigan considering the fact he is serving a state-imposed sentenced," read the request. "Once a reason is given for the transfer out of state, the Court should determine if such a reason outweighs a defendant's right to access the courts and to assist in his defense on appeal."
Morrison, who was transferred to a federal prison in Illinois, filed a similar request earlier this month.
Morrison's counsel, Michael Faraone, suggested the transfer is "mind-boggling" and "appalling," reported the Associated Press.
"Whatever we may say about this case, however we may feel about it, I think we can agree we're not dealing with al Qaeda," Faraone told Judge Wilson on Friday.
"I'm surprised we're here," Faraone told the court. "Why are they in the Federal Bureau of Prisons, number one. Number two, now that we've raised it as an issue, why can't it be resolved? Why can't we get answers? We can't even get an answer ... to the legal question — what the authority is to send them there or the specific reason that they had been sent there."
All three men were sent out of state even though there is a federal prison in Milan, Michigan.
Assistant Attorney General John Pallas claimed not to know the specifics of why the three men were transferred out of state other than "general safety concerns," reported the Associated Press.
Wilson appeared troubled by the lack of a proper answer, suggesting that "without that information, it feels like we're flying blind."
Despite Pallas' vow to help the lawyers speak to their clients, Wilson set a hearing for Dec. 1 to get to the bottom of the transfers.
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