Kidnapping Is Not A 'Violent Felony': Appeals Court Voids Two More Whitmer Plot Convictions

A Michigan Court of Appeals panel on July 20 vacated the convictions of Pete Musico and Paul Bellar, two men a jury found guilty in 2022 of providing material support for an act of terrorism over their connection to the alleged 2020 plot to kidnap Governor Gretchen Whitmer. 

The reason? Michigan's Anti-Terrorism Act defines an act of terrorism as conduct that would constitute a violent felony under state law. Kidnapping, the judges held, is not a violent felony as that term is defined. So kidnapping cannot serve as the predicate act for a material-support conviction - no matter what the defendants did or intended.

The panel did not reach that conclusion on its own. It was bound by a June decision in the case of co-defendant Joseph Morrison, decided by a different panel, which held that kidnapping "cannot properly form the basis for defendant's conviction." Monday's per curiam opinion said the court was bound by that interpretation and that the jury in this case was tainted by the same erroneous instructions. Because the trial judge had told jurors to treat kidnapping as a violent felony, and because they heard extensive testimony about the plot, the appellate judges concluded the verdict may have rested on an invalid basis.

Both men had also been convicted of committing a felony motivated by gang membership and of possessing a firearm during a felony. Because kidn