Domestic terror trial set to start

DETROIT -- The fields and woodlands near Clayton, Mich., in Lenawee County were the focus of national attention in late March, 2010, when federal agents swooped in to arrest members of a southern Michigan militia group called Hutari.

Authorities said the Christian-based militia allegedly headed by David Brian Stone was conspiring in an elaborate plot to kill a police officer and then set off explosives at the funeral in an attempt to spark an uprising against the federal government.

Now, nearly two years later, the trial for seven people who were arrested in raids in Lenawee and Washtenaw counties will begin Monday in federal court in Detroit.

Set to stand trial are Mr. Stone; his wife, Tina Stone; his sons, Joshua Matthew Stone and David Brian Stone Jr.; Michael Meeks; Thomas Piatek, and Kristopher Sickles. Each face multiple charges, including seditious conspiracy, or plotting to levy a war against the U.S., possessing weapons, and attempting to use weapons of mass destruction, a crime that could put each person in prison for life.

They were among nine people arrested in late March, 2010, during raids in Midwestern states following a 19-month FBI investigation into activities of the Lenawee County-based militia group.

Following jury selection Monday, attorneys for both sides will give opening statements. The trial before U.S. District Judge Victoria Roberts is expected to last six to eight weeks.

Mrs. Stone, of Clayton, David Stone, Jr., of Adrian, and Mr. Sickles of Sandusky, Ohio, were released from jail in May, 2010, and placed on electronic monitoring. David Stone and Joshua Stone, both of Clayton, Mr. Meeks of Manchester, Mich., and Mr. Piatek of Whiting, Ind., have been in custody since their arrests. Clayton is 40 miles northwest of Toledo.

Federal prosecutors said the militia group schemed and trained for months to kill an unidentified member of local enforcement and then attack the funeral procession of the law enforcement officers who gather in Michigan with improvised explosive devices.

According to court filings, the government developed the case was developed through secret audio and video recordings between members and a paid confidential informant who infiltrated the militia group beginning in August, 2008.

U.S. Attorneys, through a spokesman at the Detroit office, declined comment.

Defense attorneys say that they're guilty of nothing but meaningless bluster with no intentions to harm anyone, there was no plan to overthrow the government, and members merely were engaged in tough talk that is protected by their First Amendment rights.

Todd Shanker, an appointed federal defender, said his client, David Stone, Jr. "is innocent of all the charges against him and we will fight like hell to vindicate him."

Mrs. Stone's attorney, Michael Rataj, said that she and the other defendants are innocent of all charges, including seditious conspiracy. "That will be out at the end of the trial. It is outrageous that they are on trial," he said.

Attorneys for the other defendants declined to comment.

Joshua Clough, 29, is the only defendant to enter a plea. The former Blissfield area resident pleaded guilty in December to using a firearm during, and in relation, to a crime of violence,

As part of the plea, Clough acknowledged that he was a member of the militia and participated in military-style training in Lenawee County, including weapon proficiency drills, patrolling and reconnaissance exercises, and demonstrations on how to assemble and use explosives. He acknowledged that he took part in Hutaree weapons training in February, 2010, to prepare for an upcoming covert reconnaissance exercise.

Under the plea agreement, Clough, 29, faces a mandatory five years in prison at his sentence hearing on April 16.

Another of the defendants, Jacob Ward of Huron, Ohio, was declared incompetent to stand trial by Judge Roberts, who said that Mr. Ward doesn't fully understand the charges against him.

The U.S. Attorney, through a spokesman at the Detroit office, declined comment.

In advance of the trial, a pool of 250 potential jurors filled out 30-pagequestionnaires in January and returned last week to the federal courthouse, where they were quizzed by Judge Roberts and attorneys from both sides. The jury candidates have been promised anonymity and are being referred to only by a number in court.

One by one, prospective jurors were asked about their knowledge of the case, personal background information, their experience with weapons, attitudes toward law enforcement, the government and militias, and their thoughts on using paid informants in criminal investigations.

Judge Roberts wanted to have the pool to have at least 48 potential jurors available for Monday to begin jury selection. The defense team can excuse 20 people without reason, while the government's prosecutors can make 12 such peremptory challenges. A panel of 12 jurors and four alternates will be seated.

A list of witnesses and has not been made public, but questions asked during the jury process indicated that the confidential informant and an undercover FBI agent will be among those testifying and federal prosecutors will present audio and video tapes provided by government witnesses.

According to a FBI report disclosed in a defense filing, the informant was known to Hutaree members as "Dan Murray" The 2008 document said the informant met with David Stone and his son, Joshua Stone, at a restaurant and attended a shooting exercise at a Hutaree camp.

Among the other evidence that will be part of the government's case will be more than 100 guns taken during raids, court records said.

Contact Mark Reiter at: markreiter@theblade.com or 419-724-6199.