DETROIT - An FBI agent who led the investigation of nine Michigan militia members charged with trying to launch war against the federal government couldn't recall many details of the two-year probe yesterday during questioning by defense lawyers.

Even the judge who must decide whether to release the nine until trial was puzzled.

"I share the frustrations of the defense team … that she doesn't know anything," U.S. District Judge Victoria Roberts said after agent Leslie Larsen confessed she hadn't reviewed her notes recently and couldn't remember specific details of the case.

Prosecutors fought to keep Ms. Larsen off the witness stand, saying the defendants had no legal right to question her.

But the judge said the agent's appearance was appropriate because the burden is on defense lawyers to show their clients won't be a threat to the public if released.

...

The nine lawyers asked specific questions about each defendant. Ms. Larsen said she had not listened entirely to certain recordings made by an undercover agent who infiltrated the group.

She said that because they were still being examined, she didn't know if weapons seized by investigators last month were illegal.

At other times, Ms. Larsen couldn't answer questions because she said she hadn't reviewed investigative reports.

Defense lawyer William Swor asked if the No. 1 defendant, Hutaree leader David Stone, had ever instructed anyone to make a bomb.

"I can't fully answer that question," the agent replied.

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ORIGINAL: Brain

You can make all the assumptions you want but that doesn't make them true.  I think she is simply not being helpful in order to maximize the possibility those defendants will be kept in prison.

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ORIGINAL: Elisabella

God I wish that case could have been presided over by Judge Judy.

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Either way, no kudos to the FBI.

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ORIGINAL: Brain

You can make all the assumptions you want but that doesn't make them true.  I think she is simply not being helpful in order to maximize the possibility those defendants will be kept in prison.

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ORIGINAL: domiguy

I do not dig the government overstepping their boundaries. It will be interesting how this all plays out.

A federal judge in Detroit today ordered the release of nine members of a Lenawee County Christian militia group freed on bond over the objections of federal prosecutors.

“The United States is correct that it need not wait until people are killed before it arrests conspirators,” U.S. District Judge Victoria Roberts said in a 36-page decision. “But, the Defendants are also correct: their right to engage in hate-filled, venomous speech, is a right that deserves First Amendment protection.”

She said federal prosecutors failed to persuade her that the defendants must be jailed until trial.

It is unclear whether the U.S. Attorney’s Office will appeal the decision.

"We will be reviewing and weighing all of our options," said spokeswoman Susan Plochinski of the U.S. Attorney's Office.

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ORIGINAL: FirmhandKY

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ORIGINAL: Brain

You can make all the assumptions you want but that doesn't make them true.  I think she is simply not being helpful in order to maximize the possibility those defendants will be kept in prison.

The prosecution is required to reveal all evidence to the defendants.

There is something called a "fair trial" that requires it, yanno.

Firm

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ORIGINAL: rulemylife

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ORIGINAL: FirmhandKY

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ORIGINAL: Brain

You can make all the assumptions you want but that doesn't make them true.  I think she is simply not being helpful in order to maximize the possibility those defendants will be kept in prison.

The prosecution is required to reveal all evidence to the defendants.

There is something called a "fair trial" that requires it, yanno.

Firm

And how often is that abused by overzealous prosecutors?.

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Too often, and that is one of the problems with too strong of a central government.

Are you saying that only federal prosecutors are like this or is it also true of state and county prosecutors?
If it is also state and county then your premis of too strong a central government would seem to be ???extranious.

And how many cases have been "won" simply because the prosecutors have an unlimited budget, and the accused does not?

I think your point is made by the OJ trial, where a defendent had the money to compete on a level playing field...albiet a pertty pricy playing field.

Firm

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ORIGINAL: rulemylife

I agree too often, but I'm not sure that is the situation here.

From what I have seen there are legitimate reasons for this case to move forward.