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Prosecutor drops out of Gov. Whitmer kidnapping plot case

Assistant U.S. Attorney Jonathan Roth notified the judge in a brief court filing. He's not required to give a reason.

GRAND RAPIDS, Mich. — A federal prosecutor withdrew Tuesday from the case of a plot to kidnap Michigan Gov. Gretchen Whitmer, days after two men were acquitted and the jury couldn't reach a unanimous verdict for two more.

Assistant U.S. Attorney Jonathan Roth notified the judge in a brief court filing. He's not required to give a reason.

"We don’t have any comment on our staffing of cases in this office," said Breane Warner, a spokeswoman for the U.S. Attorney's Office in Grand Rapids.

Roth was one of two prosecutors at the high-profile trial of Adam Fox, Barry Croft Jr., Daniel Harris and Brandon Caserta. He gave the opening statement, saying the men wanted to kidnap Whitmer and create a “war zone here in Michigan,” and aggressively cross-examined Harris, the only defendant to testify.

Harris and Caserta were acquitted on April 8, while the jury deadlocked on Fox and Croft. The government signaled that a second trial for Fox and Croft was likely, though no formal notice has been filed.

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