GRAND RAPIDS, Mich. (WOOD) — The trial will continue as scheduled for the men charged with plotting to kidnap Gov. Gretchen Whitmer, a judge has ruled.
Brandon Caserta, Barry Croft, Adam Fox, Kaleb Franks and Daniel Harris face kidnapping conspiracy charges. The five men have pleaded not guilty and say they are victims of entrapment.
Attorneys for the men filed a motion in December asking U.S. District Judge Robert Jonker to dismiss the indictment, arguing that the charges came from “egregious overreaching” by the government and agents, court records show.
Jonker denied the motion in a decision filed Tuesday.
“Having reviewed the record in this case so far, the Court finds that it is neither ‘undisputed’ nor ‘patently clear’ that Defendants were not predisposed to commit the crimes charged,” court records say.
The decision comes five days after Jonker denied several other motions made by the men’s attorneys.
On Tuesday, the government filed a motion asking for a mental evaluation of Franks.
The trial is set for March 8.