Judge acquits Hutaree militia members of conspiracy charges

By Tresa Baldas, Detroit Free Press

DETROIT – A federal judge Tuesday knocked out federal conspiracy charges against seven members of the Hutaree militia group that prosecutors described as rural extremists plotting a violent revolt that included killing a police officer and bombing a funeral.

U.S. District Judge Victoria Roberts granted defense requests for acquittal on all charges against five of the defendants and the most serious charges against two others: alleged ringleader David Stone Sr. and his son Joshua Stone.

Acting after prosecutors rested their case, Roberts ruled the government didn't have enough evidence to back its claims. The defendants could have faced up to life in prison if convicted of the charges, which included conspiring to commit sedition and conspiring to use weapons of mass destruction.

The trial will resume Thursday on gun charges against David and Joshua Stone, who have been in custody without bond for two years, since a raid by federal agents.

"There was no case. There was no conspiracy," said Michael Rataj, a lawyer for Tina Stone, 46, of Adrian, Mich., one of those acquitted.

The others acquitted of all charges were David Stone Jr., 22, of Adrian; Michael Meeks, 42, of Manchester, Mich.; Thomas Piatek, 48, of Whiting, Ind.; and Kristopher Sickles, 29, of Sandusky, Ohio.

In a 28-page decision, Roberts wrote, "The evidence is not sufficient … to find that defendants came to a concrete agreement to forcibly oppose the authority of the government of the United States as charged in the indictment."

Prosecutors said Hutaree members were anti-government rebels prepared for a violent strike against federal law enforcement. There was never an attack, and defense lawyers said the government used members' offensive remarks about police to build a criminal case.

The FBI had planted an informant and an agent inside the Hutaree militia starting in 2008, and the audio and video evidence the agency collected became the cornerstone of the government's case.

"The court is aware that protected speech and mere words can be sufficient to show a conspiracy. In this case, however, they do not rise to that level," the judge said. She said David Stone Sr.'s "diatribes evince nothing more than his own hatred for — perhaps even desire to fight or kill — law enforcement; this is not the same as seditious conspiracy."

Gina Balaya, spokeswoman for the U.S. attorney's office, declined to comment.

In court documents filed last week, prosecutors said they had proof that a violent plan was in the works and that the government stopped it before it took effect.

"That there was no specific date, place, or target for this conflict — or that it was not certain whether the Hutaree intended to initiate the conflict or simply to engage in it … is of no moment," Assistant U.S. Attorneys Sheldon Light and Christopher Graveline wrote.

Contributing: The Associated Press