In Michigan
6:34 pm
Wed May 12, 2010

Appeals court asked for 2nd look on militia case


Nine Midwestern militia members want the full federal appeals court to decide whether they should remain in jail while prosecutors challenge a decision to release them until trial.

But the court responded Wednesday by saying the nine must instead go back to the three-judge panel that ruled against them Monday and ask for a second look.

Members of a group called Hutaree are charged with conspiracy to commit sedition against the government. They are from Michigan, Ohio and Indiana.

A federal judge in Detroit says they should go home with 24-hour electronic monitors. The appeals court in Cincinnati has put the government's appeal on a fast track, but militia members in the meantime must stay in jail.

Defense lawyers say the three-judge panel made errors.