MICHIGAN — The appellate panel consisted of Judges Michael Kelly, Sima Patel, and Daniel Korobkin. The judges determined that an instructional error requiring reversal occurred because jurors were allowed to find guilt on an invalid basis by considering kidnapping as a violent felony. The case was sent back to Jackson County Circuit Court for further proceedings.

Musico and Bellar had been convicted of providing material support for an act of terrorism. Their attorneys argued during oral arguments that the cases should be dismissed entirely rather than allowing a retrial.

Jason Eggert is an attorney for Pete Musico. He questioned the state's position. "The question is whether you can still seek retrial after presenting a very patently insufficient basis for your conviction," Eggert said.

Ronald Ambrose is an attorney for Paul Bellar. The legal challenge followed a similar ruling in June involving a third defendant. Joe Morrison's conviction was overturned by the Michigan Court of Appeals in June.

Michigan Attorney General Dana Nessel stated her office plans to appeal the court's decision to the Michigan Supreme Court. She criticized the legal reasoning used in the recent decisions.

"A previous ruling used linguistic gymnastics to overturn the conviction of an extremist," Nessel said. "Now, that broken precedent has legally bound this Court of Appeals panel to reverse the convictions of two more dangerous criminals."

She defended the original charges brought against the defendants. "It is clear that all three of these defendants engaged in a coordinated plan to kidnap and harm the governor and cause mayhem and destruction across our communities in the process," she said.

The attorney general emphasized her office's commitment to the statutes involved. "My office will not downplay domestic terrorism and will not stand by while criminal statutes meant to preserve public safety are arbitrarily gutted," she said.

She indicated that the appeal process is already underway for related cases. "We have already started the process to appeal the disastrous decision in Mr. Morrison's case, and we will not hesitate to do the exact same for Mr. Musico and Mr. Bellar," she said.

Musico, Bellar, and Morrison were accused of having secondary roles in the plot to kidnap Michigan Gov. Gretchen Whitmer. The jury found they were associates of plot ringleaders Adam Fox and Barry Croft.

Fox and Croft were convicted in federal court of kidnapping conspiracy and conspiracy to use a weapon of mass destruction. Fox is serving a 16-year prison sentence for conspiracy.

The plot involved a plan to kidnap Gov. Gretchen Whitmer from her vacation home just before the 2020 presidential election. Prosecutors stated the conspirators were motivated by opposition to COVID-19 restrictions and perceived threats to gun ownership.

Undercover FBI agents and informants were inside Adam Fox’s group for months. Bellar had moved out of state weeks before the FBI made arrests in October 2020.

Joe Morrison and Pete Musico stated they were no longer in contact with key figures in the plot before the arrests. Musico, Bellar, and Morrison were also convicted of being members of a gang in connection with the kidnapping plot and felony firearm charges in 2022.

Musico was sentenced to 12 to 20 years in prison. Bellar was sentenced to seven to 20 years in prison. Joe Morrison was originally sentenced to 10 to 20 years in prison. Joe Morrison's minimum sentence was corrected to six years instead of 10.

The reversal of the terrorism convictions hinges on the statutory definition of violent felonies under Michigan law. By ruling that kidnapping cannot serve as the underlying violent felony for the state's terrorism statute, the court has narrowed the scope of the law as applied in this high-profile case. This legal interpretation prevents the prosecution from using the kidnapping charge to sustain the terrorism convictions for Musico and Bellar.

The decision affects the finality of the sentences imposed on the three defendants. Musico and Bellar face potential retrial or dismissal, while Morrison's conviction has already been overturned. The Michigan Attorney General’s intent to appeal to the state Supreme Court indicates that the legal dispute over the application of the terrorism statute will continue. The outcome will determine whether the convictions can be reinstated or if the defendants will receive new trials on different legal grounds.