Day 8 In Whitmer Fednapping Retrial: UCE Red & Several FBI Agents Testify, Government Rests Case
Today we heard from FBI Special Agents Tom Bates (aka UCE Red), Michael Yauk, Jeremy Jaskulski, Maylaine Chur-horn, Tom Szymanski, Chelsea Williams, Kelly VanArsdale
GRAND RAPIDS, Michigan - August 18, 2022 - We are now at day 8 in the USA vs Fox, et al aka the Michigan Whitmer Kidnapping plot retrial of defendants Adam Fox and Barry Croft. The federal government has characterized the case as one of the biggest domestic terror cases of the decade. The first trial began in March of this year and ended in the acquittal of defendants Brandon Caserta and Daniel Harris after a jury found the FBI had entrapped them. Two defendants Kaleb Franks and Ty Garbin took plea deals and we heard from them again yesterday. The jury was deadlocked on Adam Fox and Barry Croft, Jr. and couldn’t come to a conclusion so the judge declared a mistrial.
The government decided to retry Adam Fox and Barry Croft, Jr. and the retrial began August 9, 2022. I have been covering the retrial almost daily. You can read my prior articles if you are not familiar with the case. Tucker Carlson did a segment recently breaking down some of the more egregious aspects of the governments case:
Testimony today began with FBI Special Agent Tim Bates. Mr. Bates was the person the FBI introduced when things were stalling and the feds had failed to produce the plot they wanted. Bates was introduced to the group by “Big Dan,” the main FBI informant as “Red,” an alleged explosives expert. He is also known as UCE RED in court documents, UCE stands for Undercover Employee for the FBI.
He met with Big Dan in advance to discuss the set-up and he worked with another undercover FBI agent, UCE Mark who had befriended Adam Fox along with his fake girlfriend (another undercover FBI agent).
On September 12, 2020 the FBI tries to accelerate the “plot.” Red shows Fox & Croft video of explosives blowing up a truck. The videos were created and produced by the FBI. This is right before the night time “recon” trip driven by FBI assets who drove to Whitmer’s vacation home for “surveillance.”
We learned that UCE Red didn’t know who produced the video blowing up the truck that he was tasked with showing to Fox and Croft. He claims it “trickled down” to him. He also didn’t seem to know much about the explosives he was tasked with selling to the group.
Red is the one who took pictures of Adam Fox under the bridge. The judge removed the time limits imposed on the defense but said they will follow them anyway. We were told Fox is giving directions over a 2-way radio while Red and other FBI assets are wearing recording devices, yet the government has not produced that audio.
Red was actually wearing multiple recording devices. He later admits to having had no contact with Adam Fox before or after this one day, September 12.
When Red played the video the FBI produced of the truck being blown up Steve Robeson, an FBI Informant and head of a fake Wisconsin Militia was the one visibly excited and trying to egg on the other defendants. FBI informant Jenny Plunk said she wanted to train with those guys after the video was played.
Apparently neither Fox nor Croft saw the video again and they didn’t know how much the explosives would cost. The FBI team met before the surveillance trip to the Cottage to discuss the particulars. The recon trip was planned and recorded by 6 FBI assets, not the by defendants.
The FBI claims Fox, acting as the so-called leader of the plot told people to change for this night recon trip so they wouldn’t look suspicious. FBI agent says Fox told people to wear “civies,” but the photos the FBI took of Fox that night show him wearing camo.
We then heard from some of the FBI agents who executed search warrants of the homes and vehicles of the defendants. One of those agents made a big deal about what he called the “explosive nature” of items found in a red duffle bag. He claimed the items were so dangerous he didn’t bring them to show the jury. He was then forced to admit on cross all the items were legal and anyone could go by them at a local Walmart.
Then we heard from the FBI’s “explosives forensic specialist” from Quantico, VA. She admitted that she modified an explosive she made that was supposed to be demo of the one from Luthor. She did this so she could film it.
The government rested its case and the defense began their own. They called 2 witnesses. One who worked at a photography studio where people dressed in costumes to take pictures. Barry Croft had gone there in July. He was dressed in costume. I presume the defense wants to show the LARPer aspect of the case.
Exclusive Trial Notes
Witness: Special Agent Tim Bates – Chris Gibbons on Cross
Bates pretended to be an “explosives expert” named Red.
Red introduced to group by Big Dan the informant. They worked w another FBI agent named Mark who befriended fox w his fake girlfriend – also another undercover FBI agent.
On 9/12 the FBI tries to accelerate plot – red shows Fox/Croft video of explosives blowing up a truck. The videos created and produced by FBI
This is right before the “night trip recon,” driven by FBI assets drove to Whitmers vacation home for “surveillance.”
Gov plays clip of the FBI agents showing off their goods and trying to sell it to the targets. Red claims Fox who was living in basement of vac shack wanted military grade explosives w remote detonator.
The government plays clip of Croft stones and popping off at mouth
Croft and Fox were in vehicle w 3 FBI assets when Big Dan drove to Whitmers cottage
Red took photos of Fox under bridge near the cottage.
Judge removes defense time limit but says they will stay within limit anyway.
"Red" brought 2-way radios for targets to use. Another FBI asset brought night vision equip--all for optics.
"Red" told Fox to bring his cell
Gibbons: “you would agree this is the first time you have testified about people sharing binoculars?”
Bates: “I don’t know”
“do you recall going to place that has tennis courts after this?
Bates: I’m not sure
“after boat launch a park
Bates: I think so
Bates is being asked about Milton Township Park – Red Bull Tavern – you’re here you are talking about where lake is, isn’t it straight down the road?
Bates: sure
The next day, after night trip, you testified Fox told ppl to change clothes into “civies” so ppl wouldn’t draw attention on recon and would blend in?
Bates: yes sir
“you recognize this as photo you took of Fox under bridge
Bates: yes
He’s wearing camo pants isn’t he?
Bates: yes
With a black hoodie
Bates: yes
Gov. Ex. 2 photo of Fox
“that’s the shoothouse and hes wearing camo and a black hoodie
Bates: idk if that’s a black hoodie
“does it look like one
Bates: yes
“so he took no steps to change his clothes into “civies”
Bates: I guess so
“you testified you had mtg w Fox and talked
Bates: yes
“you asked Adam how he wanted to handle comms
Bates: asked him how he wanted to communicate
“after FTX you didn’t have Fox’s number, correct?
Bates: correct
“after FTX you never had text or phone call w Fox
Bates: correct
“you weren’t in WW chat groups
Bates: true
“nothing on FB also?
Red: nothing anywhere
“you mentioned an IOU
Red: stand in for payment
“at mtg where you talked about comms
Red: yes
“you are wearing a wire?
Red: yes
“when you left Luthor there was no idea what you would be providing for explosives
Red: I believe it was 4K for explosives
“what were you going to sell?
Red: what was I going to deliver? 4k worth explosives plus flashbang
“what type explosives were these
Red: similar to C4 that was used in video w Black SUV previously used In effort to create bomb to take out bridge
“your testifiying that pipe bomb in would take out bridhe
Red: I don’t think so
“would it be remotely detonated
Red: it wasn’t discussed I have no idea
“no one shook your hand or gave you any money?
Red: correct
“you would agree this entire exchange at bigger mtg this was discussed, it was recorded correct
Red: it was
“there were other gov agents at this mtg, right?
Red: yes
“Steve, Dan, Mark?
Red: don’t think mark was there
“all arrested on Oct 7, you weren’t present there that day
Red: I was not
“you were not trying to sell explosives on the 7th?
Red: true
“Adam Fox did not present you w blueprints of bridge in Elk Rapids ever, correct?
Red: correct
“the individuals in the video – take of video w all CHS present and fox and allegedly croft, the guy all excited and says it’s beautiful that’s Robeson right the female who says I need to train with y’all that’s Jenny Plunk right?
Red: yes
Blanchard now on Cross:
If I would show witness 1148
Photo being shown
“that’s you, correct at Luthor training?
Red: yes
“at that event you had long beard, tattooed sleeves
“you changed your appearance today for court
Red: true
“you had more than one recording devices at this event
Red: yes
“you have oppourtiny to review
Red: yes
“you said at beginning of mtg there was an all hands on deck. Fox talked about minting new coins for the republic
Red: yes
“the device we are talking about appears to be an iPhone in the palm of this other agent’s hand
Red: yes
“in video it was placed under a seat in the vehicle
Red: I don’t remember
“this device in his hands, is that the one we saw blow up in the video
Red: yes its my understanding it was, there were multiple vids created and I wasn’t part of all of it
“it was pitched to take out a human target not a bridge?
Red: correct
“you said there was mtg where some vids were played
Red: yes
“you were present, CHS Steve, CHS Dan, CHS Plunk,
Red: I think she became scared and walked off
“but I thought she said she wanted to train w these guys
Red: yesh
“she was working for the gov at this time
Red: yes
“you had vid on your phone and were playing in a circle of ppl
Red- correct
You said Croft was across from you
Red- yes
Where is fox
Red- next to me
Where is Plunk at?
Red- off to my right
Plunk on your right can see this
Red – I played it several times I turned it so others could see
“there was discussion, questions to croft about how much was needed to carry out explosion
Red – I think so
“you testified barry asked to see video again
Red- I don’t know if he did
“did you testify Croft asked how expensive it would be?
Red- I don’t remember he asked at some point idk if it was at that mtg
Then the gov played 226 – video from that mtg, just stop me when he says that at this mtg
Red- I don’t think he did
“if he did, it would be on recording
Red – I cant speak to others recordings there could be proximity issues
“well steve, dan and plunk where all there were recordings
Red – I guess
“you cannot point us to any clip of croft asking about exposives, money or to see it again
There was clip where Croft is talking
Red- don’t remember
“convo about propane tanks, w a spark plug, hes not talking about your video right
Red – correct
You never found Croft w propane tanks and spark plugs
Red- me personally? No
“you went on night trip to elk rapids
Red- yes
When did you learn about trip
Red – not sure Fox introduced idea
“when did you learn there would be trip up north
Red- night prior mention it was possible
who mentioned it?
Red – fbi
You had one on one contact w Dan prior to mtg at Super 8
Red – yes
You asked dan “so when we leave are these folks aware of where we are going and what they are doing?
Red – I did
When you get to elk rapids there is this bridge right
Red – yes
“how was this bridge selected
Red – idk
It was easy to get under there and get a pic of Fox looking at it?
Red- it was easy to get under it
You testified Fox spoke of another bridge
Red- yes
This other bridge is right there, correct
Red – correct
When did he talk about that
Red – when we were exiting this one walking on boardwalk the truck we exited from wasn’t thre ends up somewhere in that vicinity where we re-enter the truck
So it looks like truck goes over other bridge
Red- yep
So you are walking next to him wearing a wire when he talked about blowing up bridge we should be able to hear that
Red – yes
Land nav training run by CHS Dan
Red – I believe so
Night vision goggles supplies by Higgins, who is associated w Robeson the CHS.
You know he wasn’t affiliated w mr croft
Red – that would be an assumption on my part
Discussion about lights across lake
You said hes looking at a map
Red – I believe hes looking at map on phone
He says something about lay of the land
Red – I don’t remember
Hes standing at boat launch describing geographical features
Red – I guess
You were in army you know land nav
Red – yes
You say your down on boat launch have car flashing lights
Red – yes
Driven by Higgins. Did you personally see lights flash
Red – yes
How do you know it was Higgins truck? Across the lake?
Red – I don’t know for sure
“you saw headlights on other side of lake – there wasn’t communications to confirm it
Red – I think Fox was on phone giving directions
“when you say you can see the car driving back and forth do you mean on dash cam?
Red – w my own eyes
You can see that from across the lake
Red – yes
You can hear him, so it should be on your recording device
Red – I cant speak to that
You’re a SA w FBI undercover wearing a recorder to catch evidence of DTs but you didn’t go back and listen to what was there?
Red – I have listened to tons don’t remember it all
Do you remember telling this jury about Fox saying word “agreeance”
You say this happens next day on 9/13
Red – yes
This clip begins “everyone in agreeance has spoken
Red- that’s what he said
If he says everyone in agreeance has spoken that means there was a convo where people got to say there piece?
Red- I, you could say that
Fox says “my eye is poppin”
Red – that’s how he ends sentence
What does that mean
Red – don’t know
He doesn’t say “im down”
Red – correct
On the day of the 12th do you remember the weather
Red – it was dreary
It was raining?
Red – yes many folks had rain coats on
Showing photo of Croft in camo jacket
That’s not a rain coat is it
Red – no
If you spend day out in rain you would get wet right
Red – it wasn’t steady rain
Training wrapped at Luthor then people headed back. Croft went to get fast food then headed back
Red – he did
“where you acquainted w FBI employee named Lauren Hastings
Red – I do
Did you comm w her about this case, did you let her know you were in position to get more evidence to charge croft
Red – idk
You didn’t do that on 9/14?
Red – idk
Next witness Michael Yauk – FBI forensic digital examiner
“is there a process to pull data off phone to conduct cellphone extraction?
Mike – yes
Special training for cell phones, you received that training
Mike – yes. Before we see phone case agent will submit service request to our database then it gets assigned to case agent. Phone then gets taken from evidence after looking at legal stuff
Mike – commercial tools – company called Cellbrite
Mike – we can get pics, vids, texts, chat apps, things like that
How many phones did you extract?
Mike – there was a number of phones. There were other phones I don’t believe are part of this trial.
Do you know how many phones in total were recovered related to this investigation
Mike – no
Do you know if you extracted Adam Fox’s phone?
Mike – I don’t know
Training packet for agents on how to use cellbrite?
Mike – yes
Different kinds of acquisitions – logical which is like a backup of phone
Mike – yes
There is a physical acquisition where you copy of storage on phone gets you most info
Mike – yes
Process on place to make sure you know that you got the right info
Mike – yes
You talked about doing extraction doing hash on extraction
Mike – correct
Doesn’t tell you if that extraction was complete right
Mike – right
Next witness Jeremy Jaskulski FBI Detriot field office – special agent worked for FBI since 2010
Did you have role in investigation
J: yes pick up evidence after arrest by FBI HRT team
At that point defendants arrested
J: yes
So you recovered items at scene
J: yes
“black phone”
J: yes
“what is that”
J: sheath from stun gun
Next item
J: $273 from Adam Fox
J: Apple iPhone
“the iphone was adam fox’s phone?
J: yes
Next Witness Special Agent Maylaine Chur-horn
FBI Special Agent.
Role in investigation – searched Luthor property
October 8, 2020
May: property divided into several sections. There was a couple trailors and a wooden cabin
“I assume you found evidence at propery?
May: yes I did
Fireworks commander in chief
“you familiar with term mortal shell?
May: yes
That this type?
May: yes
She talks about pennies that are bent or have some black on them. Found on floor around tree.
Black electrical tape and pieces of paper
Black residue on it
“that’s a Commercially available consumer firework, right?”
May: I believe so
“it says consumer fireworks, right?
May: yes
Those pennies you said were found on ground around the tree. They have some charing on them and you think they are slightly bent?
May: yes
“they are slightly round but you can still see the faces on them, right?
May: yes
“you said there was a “post-blast” area
May: yes
“you think there was some sort of explosion – an area of about 2-3 feet
May: I couldn’t say
“you testified before about you said 2-3 feet
May: yes
“shes leader of team that day but claims she’s not good with measuring
“did you seize any fireworks from up at that Luthor site?
May: I cant remember live fireworks
Next Witness FBI Special Agent Tom Szymanski
Involvement in search of Barry Crofts home
Oct 7, 2020
“was anyone at residence at time?
Tom: 2 adult female relatives, Chastity Knight his GF, 2 female his children
“what is seen in exhibit?
Tom: 12 gauge shotgun found in garage
“lets take look at 341”
“do you recognize that item and do you have it w you?
Tom: yes I do
“can we pull it out please?
“describe item
Tom: red tote bag, which on side has logo, found in Barrys garage
What was in bag?
Tom: number of concerning items – there is something like looks like cord, that’s hobby fuse, potential explosive properties – 2 cannisters smokeless powder, canister smokeless propellant.
Moving to bag itself, it was concerning to see these items together
Copper coated steel BB’s, a role of duct tape, seemed to have been used, a package of electrical tape, flame retardant professional grade electrical tape, a black funnel here, there are four, what could be described as empty travel containers, another container silicon travel bottle, an open package of bunch balloons, one appears to have been cut in half, lastly there was this blue plastic hand tool w groove and notch for apparent opening of items.
“Ex 342-348”
Tom: we see canister of smokeless powder in ex 345
E 346 – what do we see?
Tom: the BB’s found in red bag
This isn’t nuclear material, just to be clear?
Tom: no
All these items you just testified about can they all be purchased legally?
Tom: yes
Tom: in addition to shotgun we see variety of fireworks in garage
Ex. 337
“that the firearm fbi found?
Tom: yes it is
Was it loaded at time seized
Tom: it was not
“were there any additions to it?
Tom: yes, there were chokes – these protrusions – added to shotguns to increase the accuracy of buckshot.
Tom: we found variety of shotgun ammo, 25 round capacity 10m mag, flashlight designed to go on the firearm, primers, we found a mini-conversion kit – it’s a platform that will allow user to insert handgun and then have more solid firing platform to shot longer distances more accurately. There is a shoulder support and some rails. It allows more stable basis to shoot w handgun.
“are you familiar w 3% or boogaloo?
Tom: yes
“did you find items related to that at home?
Tom: we found patches, rendition of Delaware state flag
Turning to Croft’s vehicle did you search Dodge Durrango?
Tom: yes
Tom: we found receipt for purchase of fireworks from Patriotic Fireworks in Maryland
Tom: these are the patches I referred to earlier found in rear hatchback of the vehicle. The confederate flag is on bottom and the 3 percent logo on top
Ex. 429 what do we see there
Tom: a black galaxy note 9 phone
“where was that located?
Tom: on person of Barry Croft
Discussing phone extraction
“where was item found?
Tom: from phone extraction post was April 18, 2020
Incendiary post about “I believe all it takes it for one state to take out a gov..”
Tom – photo of same shotgun taken at GPS data indicated it was taken at 511 Daniels court – crofts residence on June 18, 2020
Tom – this is pic of Croft at this home on back porch area – recovered from one of the phones on extraction. Date Aug 29, 2020
Tom – FB post found during extraction – date may 25, 2020 – memorial day – “which governor is going to end up dragged off and hung for treason first?...
“are you familiar with reference to 1776.2
Tom – another American revolution
“it says an appeal to heaven”
Tom – Hawaiian patterns and igloos and palm trees have been associated w boog movement
FB post – date 5/31/2020 “start putting these tyrants addresses out here for rioters”
“did anyone like or love it?
“who does it say liked or loved it?
Tom – Adam Fox and 13 others
Blanchard – What is Patieter base Shipbuilding – label on red duffle bag
“you said found in Croft’s garage where vehicles are parked where was it found
Tom – work area
Where there other things in that area?
Tom – yes
What kind of other things
Tom – marijuana paraphernalia,
“Dr. Atomic knock off of tanerite, right?
Tom – yes
“target is legal, right?
Tom – yes
“exploding target, actually kind of fun right
Tom – I don’t have an opinion
“did you bother to call the number on the front of the target to find where sold or made
Tom – no
“there was cannister of BBs, did you count and see if any missing?
Tom – no
Cannisters or propellant and smokeless powder – 2 of one brand, 3 of another
Tom – yes
3 of 4 of them were unopened right
Tom – I didn’t check
“this explosive nature and property – this is stuff they keep on shelf a wallmart you can buy it and take it home and ride in the car with your child with it?
Tom – yes
“does this fairly depict fireworks you seized from house
Tom – yes
These are commercial fireworks right
Tom – these are fireworks he had in his possession
These are consumer fireworks right?
Tom – what do you mean by consumer fireworks?
You can go and buy them at a store, right?
Tom – he did go to Maryland to buy them
Artistic rendition of Delaware flag – right
Tom – yes
You talked about mini-converter right
Tom – yes
Perfectly legal, rifght?
Tom – right
The Shotgun you talked about, also perfectly legal
Tom – yes
Then we talked about a couple cell phones
Tom – yes
You didn’t seize those, right
Tom – right
Kristopher Long did, right?
Tom – right
You did the extraction – you hooked up phone one and did extraction and didn’t need a passcode
Tom – right
“you got those memes off the phone
Tom – yes
The phone hadn’t been wiped
Tom – the phone hadn’t been wiped, it had some data on it
You had data going back to at least April which you thought was incriminating right
Tom – right
So that wasn’t very good opsec right
You’ve seen people post memes before in a group
Tom – yes
People post memes because they think they are funny or edgy, right
Tom – perhaps
Next Witness FBI Special Agent Chelsea Williams
FBI Detriot Field Office – worked there 3 years
She was case agent for Kaleb Franks
She talks about notes recovered from vac shack
Looking at notes Big Dan had Fox write
She talks about photo on Fox’s phone of him holding 2 AR rifles, probably taken at behest of FBI as well
Photo of Fox taken August 2020
Maps created on Sept 13 2020 – according to metadata
You were present at Luthor that weekend, you were up in area running support for agents undercover and immediately in vicinity
Chel: correct
Did you see this text msg – who from
Chel: SP Imploa
Agent statement – you would agree this is reference to pole cam
Chel: there is no audio
“this would have been at whitmer cottage
Chel: by vacation home
FBI had pole cam at cottage
“in anyone gets contact w FBI agents w WW or 3 percenters to try to get them to go to cottage?
Chel – that’s not how I read it
“you know Adam Fox 19 yrs ago had reckless driving offense – only criminal history he has in his lifetime
Chel – yes sir
“I understand you aren’t agent now, used to be CDC epidemiologist”
Chel – yes
Those papers found in vac shack in trash can?
Chel – I think work bench
There are items that you cant get at a regular store
“do you know who has the case agent for Fox?
Chel - Carl Schmidt
Do you know if he was always the case agent for Fox
AUSA objects
Judge says relevance
AM break
Next Witness: Kelly VanArsdale
Employed with FBI – Quantico, VA
Supervisory Special Agent – Explosives unit, device examiner
She makes determination if components of explosive device – writes report
She has worked for FBI for 25 years
She talks about Barry Croft residence – Ex. 449
“agent are you familiar with this
Kelly: yes I am
Describe
Kelly: sent to lab to examine, requesting forensic exams. We inventory everything and photo them as they come in to document original condition
2 bottles what are they?
Kelly: smokeless powder
Can they be used to make a bomb?
Kelly: they can be used to make an IED
Kelly – that container is an exploding target – mixture – explosive material that will explode when shot
Explain IED
Kelly – non-commercial, non-military explosive device that can be put together by pieces bombmaker puts together also known as homemade bomb
Can they be made from everyday items that are legal?
Kelly – yes sir they can
Gibbons – Photos of firework she modeled the video demo
Kelly – they were provided to me by Agent Long
“do you know if any fireworks like these were seized at Luthor?
Kelly – there were photos but idk if there were any seized
“this explosion here is a firework, yes?
Kelly – yes
“was this modified at all
Kelly – yes I made it less explosive than commercial round so we can have launch effect
“so you removed some of the propellant?
Kelly – I did remove some of explosive propellant material
“you didn’t add any material
Kelly – no
“that’s how it would have been sold in the store?
Kelly – correct
“so this is just a video of a commercially available firework?
Kelly – yes
“so this is intended to replicate what may have occurred sept 13 in Luthor?
Kelly – just the effect of the mortar shell
So this is a demonstration of part of what happened in Luthor
Kelly – yes
Kelly – there was box showed commander in chief firework
Box like this w mortar and tubes taken from Luthor, Mich
Why didn’t you try to replicate the activity w pennies?
Kelly – I didn’t know how many, how much tape applied
‘pennies recovered- you saw photo w pennies you could have used that number
Kelly – I could have
‘you could have attached a dozen or so pennies to this firework and remotely detonated it at Quantico
Kelly – yes sir I could have
Did you see any green or purple smoke discharge from your demo?
Kelly – no sir
Blanchard on cross
Asks for Ex. 449
‘these are items shipped to you at Quantico right
Kelly – yes
5 canister of smokeless powder, how many unopened
Kelly – 4 had factory seal one appeared to be opened
It had been sent to chemist right
Kelly – yes sent to for chemical analysis
You decided not to add pennies because you didn’t know how many where to add them
Kelly – yes sir
It has charged that propels it upward and then explodes
Kelly – typically mortar round has 2 charges
So one part of mortar propels it upward, right?
Kelly – the explosives in that type are different and a chemist would do analysis
Yes or no did you remove one part of it that would lift it into air
Kelly – both would cause an explosive effect
The part you removed would cause it to go up in the air – you took that out so you could film it?
Kelly – yes sir
If you hadn’t taken it out it would have flown into the air and not been captured in video
Kelly – yes
You said you could also weight it down to keep it from going up
If you wanted propulsive effect to be dulled you could add weight
Kelly – you will get explosive effect sir it truly depends on how it is constructed sir
Gov’t rests case. Now Defense.
Next Witness: Margaret Anderson
Do you have a business
M: yes I do
What is it
M: all time business studio – we dress people up in costumes and take photos
Do you take copies and records
M: yes
Do you recognize photo?
M: yes, Victorian stage
Taken July 12, 3:56pm
So photo taken July 12
“do you know Mr. Croft
M: yes I do he was good friends w my son who passed away
M: my husband had cancer he came to visit us
Anything out of ordinary
M: no
Where at?
M: he was sitting in the yard – we were keeping distance due to covid
Kessler on cross
You have no idea what Barry was doing there
M: no
Do you have other costumes available besides confederate
M: yes
He chose the costume of rebellion against the USA
M: it’s a very popular stage
Next Witness:
Colleen Kuestar – Wisconsin
Lives w husband, has 2 children
Homeschools
Going to July of 2020 did you have occastion to go to gathering in Cambria
C: yes, invited by Steve Robeson
How do you know him
C: he was customer at restaurant
He came to see us in person asked us to go
C: son was 14 at the time
Photo shown
C: yes
Do you recognize anyone
C: steve
Who else?
C: my husband and son
Do you know who took this photo
C: I don’t
What was this supposed to be
C: fun day, family event, BBQ, some target practice, there were folks swimming, eating, 4wheelers
Did you see ppl w firearms
C: yes
Did you know anyone other than SR
C: no
Did you meet Croft
C: he was one of the most friendly ppl, he had his girls with him, he was very nice
Did he have anyone else w him
C: a lady w him, following him around w his girls. She wasn’t w anyone but him
Anything about that day that caused you concern
C: no
Kessler on Cross
Let me ask you about this family fun day, you brought your son
C: yes
Id like to play a clip
‘did you know Barry was making explosives
C: no
Audio played – “Whitmer, Whitmer, her armed guards”
Did you know anything about that
C: no sir
Defense (Blanchard) asks for acquittal on Rule 29 – counts one and two.
Judge says he has to look at it in light most favorable to government.
Judge says most of evidence is presented from 1st trial – some more focused and telescoped
Says governments argument is more focused this time
Judge says in some respects franks/garbin testimony could help govt
Judge denies Rule 29 motions
If it wasn't all so serious, this would be comedic gold.