DETROIT -

Five members of a Midwest militia charged with conspiring to rebel against the government and use weapons of mass destruction will remain in jail while awaiting trial, an appeals court said Tuesday, reversing a decision by a federal judge.

Each man is dangerous and "no conditions of release will reasonably assure the safety of the community," two judges on the three-judge panel said.

During a series of raids in late March, authorities arrested nine members of a southern Michigan group called Hutaree. The government claims they were scheming to kill a police officer then attack officers who attended the funeral in the first steps toward a broader rebellion.

Read:Hutaree Charging Document 6/2/10 Read:Militia Release Documents

Over the objections of prosecutors, U.S. District Judge Victoria Roberts said they could await trial at home under strict conditions, including electronic monitors. The government later dropped its opposition to releasing four but took her decision on the other five to the 6th U.S. Circuit Court of Appeals.

Defense lawyers say the men legally possessed weapons and that any talk of killing people was simply stupid, hateful speech with no specific targets planned.

"It is also legal to purchase and own fertilizer and diesel fuel, but if a person who has made threats against the government purchases large quantities of both, it creates a different, more dangerous, implication," judges Boyce Martin Jr. and Raymond Kethledge wrote.

Judge Helene White said she was in favor of releasing one of the five, Joshua Clough of Blissfield, Mich. She also would have told Roberts to take another look at evidence against Thomas Piatek of Whiting, Ind.

"I find this to be a far closer call than the majority opinion would indicate," White said of the government's appeal.

She said militia members "had never taken any action except for field training, and some of the taped conversations appeared to be in jest."

Besides Clough, 28, and Piatek, 46, the other members detained are Hutaree leader David Stone, 44, and his 21-year-old son, Joshua Stone, both of Lenawee County, Mich., and Michael Meeks, 40, of Manchester, Mich.

Four others under indictment were sent home in May.

Charged are:

  • David Brian Stone, aka "RD," "Joe Stonewall," aka "Captain Hutaree"
  • David Brian Stone Jr., aka "Junior"
  • Joshua Matthew Stone, aka. "Josh"
  • Tina Mae Stone
  • Joshua John Clough, aka "Azzurlin," aka "Az" aka "Mouse" aka "Jason Z. Charles"
  • Michael David Meeks, aka"Mikey"
  • Thomas William Piatek
  • Kristopher T. Sickles, aka "Pale Horse"
  • Jacob J. Ward, aka "Jake," aka "Nate"

The nine are from Michigan, Ohio and Indiana.

Much of the government's evidence made public so far shows militia members talking about killing police officers and attacking officers who turn up for the funeral. No specific plot with specific targets has been disclosed. The judge did acknowledge the group had "stockpiles" of legal weapons and ammunition.

The FBI said it broke up the plot with the help of an undercover agent and informants.

An undercover agent infiltrated the group, becoming part of suspected ringleader David Brian Stone's inner circle, making explosive devices under Stone's supervision and attending meetings and special family events, authorities said.

They said the agent accompanied Stone and others to a planned meeting of militias in Kentucky in February. They were forced to turn back in Indianapolis because of bad weather, but the agent recorded a speech to those in the van by a speaker identified as Stone.