Accused Hutaree Christian militia members (L to R by row top to bottow) Joshua Clough, 28; Michael Meeks, 40; Thomas Piatek, 46; Kristopher Sickles, 27; David Stone Jr.; David Stone Sr., 44; Tina Stone; Joshua Stone; and Jacob Ward, 33; are seen in this composite of U.S. Marshals handout photographs released on March 30, 2010. The nine were arrested for conspiring to kill police officers and then kill many others during the funerals using home made bombs. UPI/U.S. Marshals Service/POOL |
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DETROIT, May 4 (UPI) -- A federal judge in Detroit said she would delay until Wednesday her ruling to release Hutaree militia members accused of plotting to overthrow the government.
U.S. District Judge Victoria A. Roberts said she would give government prosecutors until 5 p.m. Wednesday to tell her whether the solicitor general approved an appeal of her order and to provide more details of how the government would be harmed if the suspects were released, The Detroit News reported Tuesday.
The nine Hutaree members were expected to have been released Tuesday morning.
Earlier Monday, Roberts reversed rulings that alleged Hutaree leader David Stone Sr., 45, and eight followers remain in jail until their trials on accusations they plotted to kill a police officer then attack officers who would attend the funeral with the intent of fomenting a national uprising against the federal government.
The nine people were arrested during raids in March. A federal grand jury charged them with seditious conspiracy and attempted use of weapons of mass destruction.
"Discussions about killing local law enforcement officers -- and even discussions about killing members of the judicial branch of government -- do not translate to conspiring to overthrow, or levy war against, the United States government," Roberts said in her order.
Prosecutors appealed the ruling, citing the pending funeral of a Detroit police officer as a reason the Hutaree defendants should remain jailed while the appeal was considered.
In her ruling on their release, Roberts said the defendants were to be freed under house arrest on electronic tethers, and must continue to work and report for pre-trial matters on a weekly basis, the Detroit Free Press said. They also are to give up their permits to carry concealed weapons and are not to apply for licenses to buy or carry guns, among other restrictions, the judge said. Her ruling also ordered the men to provide names, addresses and phone numbers of all Hutaree members and those of any other militia groups with whom they associated.