No Review to Release Hutaree

Appeals Court: No emergency review to release Hutaree

A federal appeals court says an "en banc review" is not available for a three-judge panel's order to keep nine Hutaree militia defendants behind bars pending a government appeal of an order to release them.

The clerk of the U.S. 6th Circuit Court of Appeals removed from the docket an emergency request defense lawyers made Wednesday for a review of the panel's order by all the judges of the 6th Circuit. That's known as an "en banc" review.

But in a docket entry made late Wednesday, the court said that type of review is not available for an order extending the stay imposed on U.S. District Judge Victoria A. Roberts' release order for the Hutaree defendants. Instead, defense lawyers were instructed to ask for a rehearing of the issue by the same three-judge panel.

He said he mailed letters today to all 25 judges of the 6th Circuit asking that they carry out the en banc review.

The Hutaree members are accused of plotting to kill police officers to spark a general uprising against the government.

Alleged leader David Stone Sr., 45, and eight followers were arrested in a series of FBI raids that started March 27 and charged with seditious conspiracy and attempted use of weapons of mass destruction in a grand jury indictment unsealed March 29.

Accused along with Stone are: his wife, Tina Stone, 44 and his son, Joshua Matthew Stone, 21, both of Clayton; and his stepson, David Brian Stone Jr., 19, of Adrian. Also accused are Joshua Clough, 28, of Blissfield; Michael Meeks, 40, of Manchester; Thomas Piatek, 46, of Whiting, Ind.; Kristopher Sickles, 27, of Sandusky, Ohio; and Jacob Ward, 33, of Huron, Ohio.

U.S. Magistrate Judge Donald Scheer and another magistrate judge in Indiana ordered all nine defendants held without bond to await trial. Roberts overturned Scheer and ordered the defendants released. But the 6th Circuit stayed Roberts' order until an appeal filed by federal prosecutors is heard.

pegan@detnews.com (313) 222-2069

Source > The Detroit News: http://detnews.com/article/20100513/METRO/5130479/Appeals-Court--No-emergency-review-to-release-Hutaree#ixzz0oDisFGMS