5 militia men must stay locked up awaiting trial
Criminal Law
Five members of a Midwest militia charged with conspiring to rebel against the government and use weapons of mass destruction will remain in jail while awaiting trial, an appeals court said Tuesday, reversing a decision by a federal judge.
Each man is dangerous and "no conditions of release will reasonably assure the safety of the community," two judges on the three-judge panel said.
During a series of raids in late March, authorities arrested nine members of a southern Michigan group called Hutaree. The government claims they were scheming to kill a police officer, then attack law enforcement who attended the funeral, in the first steps toward a broader rebellion.
Over prosecutors' objections, U.S. District Judge Victoria Roberts had said they could await trial at home under strict conditions, including electronic monitors. The government later dropped its opposition to releasing four but took her decision on the other five to the 6th U.S. Circuit Court of Appeals.
Defense lawyers say the men legally possessed weapons and that any talk of killing people was simply stupid, hateful speech with no specific targets planned.
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