Wisconsin judge won t block extradition of defendant in Whitmer plot
A Wisconsin judge on Tuesday declined to quash the extradition to Michigan of Brian Higgins, who is charged as part of the alleged plot to kidnap Gov. Gretchen Whitmer.
But Columbia County Circuit Judge Todd Hepler also stayed his order, so that Higgins won t be removed to Michigan while he pursues an appeal in higher Wisconsin courts.
With that appeal expected to last a year or more, prosecutors warned the judge s decision would delay their case and could result in Higgins prosecution being bifurcated from those of the other defendants charged in the alleged scheme.
Wisconsin man accused in Whitmer kidnapping plot fights extradition bakersfield.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from bakersfield.com Daily Mail and Mail on Sunday newspapers.
But shortly after issuing his ruling, Hepler agreed to stay the decision, saying that the public would not be at risk with Higgins in custody in Wisconsin while his appeal is heard. In fact, with Higgins still in custody, he has the most to lose with the delay, Hepler said. I do not think Mr. Higgins appeal is frivolous under the circumstances, Hepler said.
An attorney for the state of Michigan, Assistant Attorney General John Pallas, was allowed to speak at the Wisconsin hearing and suggested an appeal could take one year, making the case more difficult for prosecutors because Higgins prosecution would be separated from the other kidnap-plot defendants charged in state court.
Brian Higgins, accused in kidnap-plot of Michigan Gov. Gretchen Whitmer, wins and loses in court
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PORTAGE, Wisc. (WLS) A Wisconsin judge Tuesday morning decided to extradite one of the accused kidnap-plotters of Michigan Governor Gretchen Whitmer, but not immediately carry it out.
The good news-bad news decision was for Brian Higgins, among 14 men charged in the domestic terrorism case.
Higgins will be allowed to remain in Wisconsin while his attorney appeals Tuesday s extradition approval. Mr. Higgins is not being deported to some third-world kangaroo court, Columbia County Circuit Court Judge Todd Hepler said during a Zoom hearing. He will enjoy all of the constitutional rights guaranteed to every American citizen, including due process of law.
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