Court considers whether to release militia members

June 9, 2010 at 12:00a.m.

Associated Press

CINCINNATI

Five jailed members of a Midwest militia threaten public safety and should not be released before their trials on charges of plotting to overthrow the government, a federal prosecutor told an appeals court Tuesday.

Attorneys for the defendants told a three-judge panel of the 6th U.S. Circuit Court of Appeals that the government has not proved their clients are dangerous.

The defendants are among nine members of the Michigan-based Hutaree who are accused of conspiracy to commit rebellion against the United States and attempting to use weapons of mass destruction, among other crimes.

A federal judge in Michigan ruled May 3 that all nine could be released with electronic monitors and other conditions pending trial, a decision federal prosecutors appealed. The appeals court granted a temporary stay on May 10 to provide time to review the appeal.

The government has since dropped its opposition to the release of four of the defendants — two from Michigan and two from Ohio — but wants the remaining five kept in jail.

They are militia leader David Stone, 44, and his 21-year-old son, Joshua Stone, both of Lenawee County, Mich.; Michael Meeks, 40, of Manchester, Mich.; Joshua Clough, 28, of Blissfield, Mich.; and Thomas Piatek, 46, of Whiting, Ind.

Assistant U.S. Attorney Kathleen Moro Nesi told the judges that the indictment against David Stone, which charges him with conspiracy to commit sedition, includes counts of making and attempting to make illegal explosive devices. Nesi also said Stone led training sessions on how to use the weapons.

“He led these occasions, and he was the one on more than one occasion using the illegal explosive devices,” she said, adding that Stone talked of killing people.

Stone’s attorney, William Swor, denied that Stone built explosive devices and said the prosecution had no evidence to back that up. He also said Stone has “no criminal or violent history of any kind.”

Nesi told the judges that the arrest of his father and others sent Joshua Stone into hiding, and he gathered food and weapons for a two-day standoff with the FBI. While the standoff ended with a peaceful surrender, Nesi said, “it goes to show how dangerous he is.”