Appeals court asked for 2nd look on militia case

WKAR Public Media

Published May 12, 2010 at 6:34 PM EDT

By AP

DETROIT –

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.

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