(Ken Silva, Headline USA) Two men convicted in the 2020 conspiracy to kidnap Michigan Gov. Gretchen Whitmer have sued for being placed in out-of-state federal prisons, where their ability to communicate with lawyers or prepare their appeals has effectively been eliminated.
The men—Joe Morrison and Paul Bellar—are all incarcerated in federal prisons outside of Michigan, despite the fact that they were convicted of state crimes. Pete Musico is in a similar situation, but his lawyer hasn’t joined the lawsuit.
In the lawsuit, Morrison and Bellar’s attorneys detailed how they haven’t been able to communicate with their clients.
“On the eve of their appeals, the [Michigan Department of Corrections] transferred Plaintiffs to facilities operated by the Federal Bureau of Prisons (the ‘BOP’),” they said. “No meaningful communication with appellate counsel is being allowed and Plaintiffs’ rights, including their Sixth Amendment right to effective assistance, are being violated.”
JOSEPH MORRISON & PAUL BELLAR v MICHIGAN DEPARTMENT OF CORRECTIONS – VERIFIED COMPLAINT, WRIT OF MANDAMOUS AND REQUEST FOR DECLARATORY AND INJUNCTIVE RELIEF – 12-21-23 – Lawsuit re: Wolverine Watchmen transfer to Federal Bureau of Prisons outside of MI. https://t.co/VsmJ7at3A0
— Eric L. VanDussen (@Eric_VanDussen) December 28, 2023
Michigan Attorney General Dana Nessel has paid lip service to helping rectify the situation, but the defense attorneys said they shouldn’t have to go through the prosecution in order to communicate with their clients.
“The Michigan Attorney General—who prosecuted Morrison and Bellar and are defending their convictions on appeal—has talked about helping the defense resolve said problems, but nothing changes,” the defense attorneys said.
“The Michigan Attorney General has no control over the BOP and, moreover, appellate counsel should not be required to ‘work with’ and ‘go through’ the prosecution in order to speak with their clients. The situation is abhorrent.”
The attorneys seek a court order to have their clients transferred back to Michigan. They also seek to have the government cover their legal costs.
Michigan Judge Thomas Wilson, who presided over Bellar and Morrison’s trial, previously expressed displeasure at the inmates being moved out of state. But after ordering Michigan prosecutors to explain the transfers, he later changed his tune and allowed them to remain in the out-of-state federal prisons. The judge did not require the government to explain why the transfers occurred.
Meanwhile, the so-called “ringleaders” of the Gov. Gretchen Whitmer kidnap plot—Barry Croft and Adam Fox—also have appeals pending.
Croft and Fox have been subjected to similarly harsh treatment from the federal prisons system. Initially held in Michigan and communicating with a journalist about their cases, both men were suddenly transferred to supermax facilities in February, and they haven’t been heard from publicly since.
Ken Silva is a staff writer at Headline USA. Follow him at twitter.com/jd_cashless.
