DETROIT — The second day of testimony in a key hearing for five people charged with materially aiding the plot to kidnap Gov. Gretchen Whitmer focused largely on a two-day field training exercise and a nighttime surveillance trip to Whitmer's summer home in Antrim County.
FBI Special Agent Henrik Impola took the stand for the second day, finishing up his testimony about his involvement in the case and facing cross-examination from two of the five defense attorneys.
Shawn Fix of Belleville, Eric Molitor of Cadillac, Brian Higgins of Wisconsin Dells, Michael Null of Plainwell and his twin brother, William Null of Shelbyville, were charged in 2020 with providing material support for terrorism and felony firearm. During their preliminary hearing, which is set to run all week, a judge will determine if there is enough evidence for the men to stand trial.
These men are five of 14 charged with varying degrees of involvement in the plan to kidnap Whitmer and storm the state Capitol ahead of the 2020 election. The Null brothers, Higgins and Molitor attended a two-day field training in September 2020 where they practiced shooting and tracking and drove up to Antrim County to conduct surveillance on Whitmer's summer home.
Impola said "everybody is excited" and people were speaking at different times. They talked about pooling their money for the $4,000 estimate for explosives from "Red," who was an undercover FBI agent. Higgins suggested that renting an apartment near their staging area could be a good way to get additional intelligence.
The night of the surveillance trip, plot ringleader Adam Fox went to each of the three vehicles involved and gave them their assignment, according to Impola: The Hulls' team was acting as a lookout. Delaware resident Barry Croft and Fox went to the boat launch. Higgins drove along the street where Whitmer's house was and signaled to Croft and Fox's team with their headlights and an infrared illuminator, which emits a laser that can only be seen with night vision glasses. Higgins provided the illuminator and the dash camera system mounted on his truck.
Molitor was not invited to the surveillance trip, Impola said.
Fox and Croft were convicted this month by a jury in Grand Rapids of federal conspiracy kidnapping charges, among other charges, and face life in prison. Their attorneys are expected to appeal the convictions.
The FBI's investigation into the actions of the five men began with a March 2020 tip from a Flint man who was worried about some of the intentions about the militia group Wolverine Watchmen, Impola said. The man later became a confidential informant in the investigation of a plot to kidnap Whitmer.
Fix told one of the informants that he was "pissed (he) couldn't make it" to the reconnaissance trip, Impola said. Fix said a second trip to take photos with a drone and get out onto the water sounded like a good idea.
On the second day, a select group of people, including the Nulls and Higgins, in the "circle of trust" attended a meeting about the plan, Impola said.
Defense attorneys and prosecutors went back to Grand Traverse District Judge Michael Stepka's chambers several times to speak to him off the record about legal issues and concerns with testimony or questions from attorneys. William Null's attorney, Damian Nunzio, expressed concerns that prosecutors charged several people who were at a field training exercise, but did not even know the identities of others in attendance. He asked Impola many questions about this, leading to objections from prosecutors and a lengthy discussion in Stepka's chambers.
Two others, Ty Garbin and Kaleb Franks, were key witnesses in the federal case against Fox and Croft after pleading guilty to federal kidnapping conspiracy charges. Lake Orion resident Daniel Harris, 24, and Brandon Caserta, 34, of Canton Township, were acquitted earlier this year.
Three men in Jackson County — Joseph Morrison, 26, and Pete Musico, 43, both of Munith, and Paul Bellar, 22, of Milford — are charged with gang membership, felony firearm and providing material support for terrorism.
The preliminary hearing for the Nulls, Higgins, Fix and Molitor is set to continue all week.
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