'He's a b----': Defense rests case in Whitmer kidnap plot after suspect's wild testimony

'He's a b----': Defense rests case in Whitmer kidnap plot after suspect's wild testimony

The defense in the Gov. Gretchen Whitmer kidnap trial rested its case following the explosive testimony of a defendant who came off as a defiant hothead, if his comment about an undercover informant is any indication.

"He's a b-----," said 24-year-old Daniel Harris, referring to Big Dan, the undercover informant he grew to admire and trust.

Harris, who was mocking a former Wolverine Watchmen who quit the group and became an informant, would become the only defendant to take the stand in the historic domestic terrorism case that now goes to the jury.

There was talk this week of the other defendants possibly testifying, though for reasons unknown, they opted not to after Harris took the stand, and caught the prosecutor off guard with his slur about the informant.

Assistant U.S. Attorney Jonathan Roth paused momentarily when he heard the b-word, and asked Harris to elaborate.

Roth persisted, asking Harris to explain why he called the man a "b----."

"He got scared by memes," Harris explained.

Big Dan is a former Army sergeant who joined the Wolverine Watchmen in the spring of 2020, but quit after hearing members talk about killing police, according to his testimony. He told jurors that he expressed his concerns to a friend who was a cop, and then the FBI called him within a week and asked him to become an informant. He agreed.

More: Girlfriend of Whitmer kidnap plot suspect Barry Croft breaks down crying on stand

More: Defense tells jury: Whitmer kidnap suspect's Facebook posts were only a joke

According to trial testimony, Harris became enamored with Big Dan, impressed by his military knowledge and skills.

But in court Wednesday, he painted a different picture, alleging Big Dan was weak because he expressed concern over a meme that depicted violence.

"You went to Iraq, came out hurt, but words hurt you, words scare you?" Harris testified, referring to Dan. "You’re a b----. Words are words."

Harris also had cross words for one of his codefendants who testified against him.

Harris' opinions and emotions surfaced during cross-examination by the prosecutor, who challenged Harris about his testimony earlier Thursday morning that he never plotted to kidnap the governor, possess weapons of mass destruction, blow up a bridge or harm Whitmer's security detail. That's what he has been accused of in a historic domestic terrorism case that highlights the growth of extremism in America, with Harris and three others accused of plotting to kidnap the governor out of anger over COVID-19 restrictions.

The suspects face up to life in prison if convicted.

Harris became combative at times during cross-examination, refusing to answer questions or challenging the prosecutor, which could wind up hurting him, according to former U.S. Attorney Matthew Schneider, who has been following the trial and heard Harris' testimony.

"It's not only what he said that is a red flag to jurors, but also his tone of voice," Schneider said. "He sounded like he was mocking people who weren't tough enough to take matters into their own hands and fight back against the government. That plays right into exactly what the prosecution is trying to prove."

During cross-examination, the prosecutor asked Harris: "Is Gov. Whitmer a tyrant?"

"You never said she was a tyrant?" the prosecutor said.

"Not to my recollection, no," Harris answered.

Play the tape, the prosecutor instructed, as he played for the jury conversations in which Harris is heard discussing ways to kill Whitmer.

"Doming her when she's coming to and from work — meaning shoot her in the head," the prosecutor asked.

"Pretend to be a pizza delivery person and kill her when she answers the door," the prosecutor continued, referring to Harris's comments.

Harris conceded he made those comments.

The prosecutor also asked him about his codefendants who testified against him: Ty Garbin and Kaleb Franks.

"You testified that you had nothing to do (with the kidnapping plan) but the two in the group you were closest to were Ty Garbin and Kaleb Franks, the two people who have pleaded guilty," the prosecutor said.

Harris said while he was close with Garbin and Franks, he didn't agree with their take on things, and called them both "liars."

The prosecutor also asked Harris about his codefendant Barry Croft, whom Harris had described as the "stoned crazy pirate" he built explosives with, and once tried to blow up a balloon filled with BBs in an oven.

"You like Barry Croft?" the prosecutor asked.

"You testified that building explosives was fun," the prosecutor said.

During cross-examination, the prosecutor also asked Harris about conversations in which he is heard inquiring about explosives.

"You were trying to find a bomb maker," the prosecutor asked him.

"Yes," Harris answered, but insisted that he did so at the directive of informant Big Dan.

The prosecutor challenged that testimony, with Harris admitting another man had asked him for help finding a bomb maker, but that he didn't know who that man was until after his arrest.

Roth would press Harris on his recollection of statements during meetings of the group. He asked Harris to expand on his description of codefendant Brandon Caserta, whom Harris had described as a passionate person.

"His passion came out as threats of violence, right," Roth asked.

Harris said he couldn't recall and that he only talked to Caserta once or twice.

When Roth noted the two were in the same car for a trip from Michigan to Wisconsin, Harris said that he only considered that one conversation.

But Roth pressed Harris to explain a conversation that occurred in his Lake Orion home, where Caserta talked about acknowledging the use of deadly force. Harris said he had trouble remembering exact conversations he was asked about.

"I'm concerned by that, sir, someone talks about shooting people and you don't remember it," Roth said.

He continued: "It strikes me sir, that on direct examination, you didn't say 'I don't recall' very much."

The cross-examination became so tense that the judge had to interject.

"Let's take it down a notch," Chief U.S. District Judge Robert Jonker said, chiding the parties to remember "we're all adults."

Roth also quizzed Harris about what he told FBI agents after he was arrested on Oct. 7, 2020. In his arrest interview, Harris said Dan the informant didn't push the group in one way or another.

"Dan was right down the middle?" Roth asked.

"That's how I perceived it, yes," Harris replied.

That contradicts his morning testimony, when he told the jury that Adam Fox was not the leader of the group, as prosecutors have alleged.

The leader, Harris said, was Dan the informant — the man he called a "b ----."

Case on its way to jury

Harris' lawyer, Julia Kelly, declined questions from reporters exiting the courthouse Thursday.

Attorneys for defendants Adam Fox and Brandon Caserta said Harris' testimony had no effect on their clients opting not to take the stand themselves.

"That decision was made ahead of time," said Chris Gibbons, Fox's lawyer. "I'm glad Mr. Harris had the opportunity to say what he had to say."

Gibbons said his client will rely on the presumption of innocence in his case.

"I thought Harris did a great job," said Mike Hills, Caserta's lawyer. "But it didn't have anything to do with whether Brandon was going to testify."

Attorneys for Caserta, Croft and Fox all elected to send the evidence to the jury as is.

Joshua Blanchard, Croft's lawyer, did end up calling an FBI agent to testify: Special Agent Jayson Chambers, who testified that he texted a colleague that he would treat the Wolverine Watchmen as a terrorism enterprise investigation. He sent that text on April 2, 2020 — before any such an investigation was actually approved, he said, because the FBI was already investigating five individuals with ties to the group.

Closing arguments are set to begin Friday morning, with the jury potentially beginning deliberations the same day.