Things took a unique but complicated turn at a trial in connection with the alleged plot to kidnap Michigan Governor Gretchen Whitmer.

Prosecutors raised concerns that a female member of the jury has been making eye contact and smiling at one of the accused.

Paul Bellar, Joe Morrison and Pete Musico are being charged in state court in Jackson, Michigan, for allegedly providing material support for a terrorist act. This is a separate trial from the two trials in federal court, and the three are not being tried for direct conspiracy in the kidnapping plot.

The three were among 14 arrested in 2020, and are accused of connecting with Adam Fox and the others who were convicted in federal court for the conspiracy to kidnap Governor Whitmer.

The trial began last week after two days of jury selection.

On Wednesday, however, one of the prosecutors said they were very concerned that one of the jurors has been having non-verbal communication with Bellar, 24, and a member of the paramilitary group, the Wolverine Watchmen.

“The communication has been in the form of eye contact, smiling at each other,” he said. Prosecutors said they were prepared to tender sworn testimony from two witnesses regarding this communication.

Judge Thomas Wilson said he noticed it as well.

“She is in my direct view,” Judge Wilson said. “So I am often looking right at her while I’m listening to the witness testify. I’ve seen smiles come out of her face. Not great big smiles but more of a small smirk.”

The prosecutor added that, “Mr. Bellar had a physical response, he clenched both his fists, and shook them in an affirmative way.”

Speaking with Fox 17 News, Lewis Langham, Law Professor at Western Michigan University-Cooley Law School, noted, “It’s extremely rare that it’s that obvious, that it’s so obvious that the judge, prosecution, as well as the defense attorneys all noticed it.”

The Associated Press reported on October 14 that the flirting juror has been dismissed from the case.

The defense calls the flirting claim “just sexist.”

On Bellar’s reaction raised by the prosecutors, his lawyer, Andrew Kirkpatrick said Bellar was reacting to an offer his lawyer made to give him Skittles for his birthday. 

That’s an excuse you haven’t heard yet.

“Maybe she likes him. Maybe she doesn’t like him,” Kirkpatrick said of the jury member. “There’s no way of telling what’s in a juror’s mind and what exactly she’s doing or thinking.”

Kareem Johnson, lawyer of another defendant, Musico, said the jurors were agreed upon by both sides. “She is supposed to judge the witnesses and judge the defendants. She’s got to look over here.”