State - Lawyers attack evidence in Midwest militia case

DETROIT (AP) -- Lawyers for the son of a Midwest militia leader are asking a judge to dismiss some of the most serious charges filed by federal prosecutors. David Stone Jr.'s lawyers say talk of harming law enforcement is protected by the First Amendment. They say nothing was carried out by members of the Hutaree, and any weekend training was a "patriotic exercise of rights." Similar arguments were made last spring when nine militia members tried to win release from jail pending trial. They are charged with conspiring to commit rebellion and use weapons of mass destruction. In a court filing Tuesday, Stone Jr.'s lawyers say they didn't hear an "unkind word" by him on secretly recorded conversations. Prosecutors will get a chance to respond. Published: Thu, Sep 23, 2010