Defendant in Gov. Whitmer kidnap plot admits shame, embarrassment before sentencing

GRAND RAPIDS, MI – A man who admitting conspiring to kidnap Gov. Gretchen Whitmer was sentenced Thursday, Oct. 6, to four years in federal prison.

Kaleb Franks, 28, of Waterford, provided crucial trial testimony against two others who were convicted and await potential life sentences.

Franks said he wanted to apologize to Whitmer – she was not in court but submitted a victim-impact statement to a probation officer -- and said he was “ashamed and embarrassed” by his actions.

“I would like to start by saying I’m sorry to the governor and her family. I understand the experience had to be traumatizing and difficult … . I’ve compromised all of my beliefs and morals.”

Franks was among 14 men arrested in early October 2020 on state and federal charges. They were accused of plotting to kidnap the governor, hold her for trial on treason charges, and kill her, trial testimony showed.

Advisory sentencing guidelines called for nearly 13 years in prison as a minimum. Chief U.S. District Judge Robert Jonker weighed Franks’ role, his cooperation, and the message sent to others intent on violence based on political differences.

He said that “the nation is focused on what you did. … We live in difficult and turbulent times.

Franks testified against Barry Croft Sr., 46, of Bear, Delaware, and and Adam Fox, 38, of Wyoming Michigan, who were convicted of conspiracy to kidnap the governor and conspiracy to use a weapon of mass destruction. They await sentencing.

Two others were acquitted while eight face state charges.

Ty Garbin, 26, of Livingston County, like Franks, pleaded guilty to conspiracy to kidnap. He was the first to accept responsibility and was sentenced to 30 months in prison.

Assistant U.S. Attorney Nils Kessler said the two provided important testimony, each corroborating the other’s testimony.

“It really is invaluable to have the testimony of an insider,” Kessler told the judge.

He said that Franks was truthful and didn’t minimize his own actions. He said that Franks appeared relieved when he finally admitted his culpability.

Franks and Garbin testified about plotting the governor’s kidnapping during summer 2020, including training sessions and reconnaissance missions at her summer home in Elk Rapids. Testimony showed that some considered killing the governor’s security detail to carry out the kidnapping.

Defense attorney Scott Graham said his client recognizes what he did and knows that “he was wrong.”

He said that his client, who struggled with drugs only to become a court drug counselor, has spent the last two years in jail focused on what he did – and what he would do for the rest of his life.

He said that Franks did not realize he had strong support from family and friends until he got in trouble. Franks had many supporters in the courtroom.

His client had suffered family losses and was in a “bad spot” when he got involved in the kidnap plot, he said.

“I don’t think Mr. Franks knew what he had in terms of help and support and now he does.”

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