A Chesterfield Township man was acquitted of a misdemeanor charge on the allegation he made social-media threats against a Macomb County judge.

A six-person jury found Jonathan Vanderhagen not guilty Thursday following a three-day trial in 41B District Court on a charge of malicious use of a telecommunications device for several Facebook posts last July regarding family Judge Rachel Rancilio of Macomb County Circuit Court in Mount Clemens.

The panel deliberated only 26 minutes.

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Vanderhagen told The Macomb Daily after the verdict that he prayed for "the truth to come out" each night in his county jail cell, where he has been held for nearly two months.

"I am thankful the jury could see the truth," Vanderhagen said while standing outside the jail with his mother, Deborah, waiting for a ride home. "I have been truthful, and I prayed to God the truth would come out."

Rancilio presided over his case two years ago during which his 21-month-old son, Killian, died while under the custody of his mother in September 2017, although the case was heard by Rancilio’s referee.

Rancilio called police after seeing the posts.

Jurors delivered a verdict after about two hours of Vanderhagen’s testimony Thursday morning and closing arguments in the afternoon in front of Judge Sebastian Lucido.

The case gained traditional- and social-media attention after Lucido jailed Vanderhagen on July 24 in lieu of a $500,000 bond for violating his prior $10,000 bond.

Vanderhagen’s attorney, Nicholas Somberg, in closing arguments asked for a quick verdict to send a message that people shouldn’t face a criminal charge for exercising their First Amendment right to free speech.

“I want you to come back with the quickest verdict you’ve ever seen,” Somberg said. “The choice is obvious. Jonathan didn’t threaten her.

“You guys are the lucky ones to sit here through an extremely important case because the verdict of what happens here really matters. It’s going to send two completely different messages to the rest of the people in Macomb County at what you are allowed and not allowed to do. Are you allowed to criticize a judge? Absolutely, you can. You are allowed to be angry. You’re allowed to talk about them. You’re allowed to talk about their family. You’re allowed to look up their public information and repost it.”

Assistant Macomb Prosecutor Elizabeth Rittinger argued Vanderhagen’s postings meet the threshold of the crime because Rancilio felt threatened, and Vanderhagen intended to threaten or scare her.

“It is undisputed that Rachel Rancilio felt threatened,” Rittinger said, adding the threats don't have to be "direct" and can be "thinly veiled."

Rittinger has conceded that initially posts in late June were merely critical of the courts and not threats. But she alleged Vanderhagen crossed the line into illegal behavior in July when he posted a photo of himself holding a shovel across his shoulders with Rancilio’s initials scrawled on the handle, and reposted photos of Rancilio’s family members, around posts including phrases such as “judgment day” and “will your family survive?” Rancilio testified she also viewed a video that scared her. It was not available for at trial.

“What you have is political speech complaining about Macomb County Circuit Court turning into personal attack on Rachel Rancilio,” Rittinger said.

She said not only was Rancilio placed in fear, but friends or family tipped her off to the posts.

“Others around her said, ‘We’re fearful. You need to take a look at this,’” Rittinger said.

But Vanderhagen testified he never intended to scare or intimidate Rancilio, but that he is a grieving father who wanted to tell his story and investigate local judges and the courts to protect other children and parents.

"Fathers do not get equal rights in (family) court," he said, adding the court "is all about money."

He said he began posting extensively this year because it has taken time for him to deal emotionally with losing his son. He said he has attempted suicide since Killian's death as he has blamed himself for not violating court orders to try to save him.

"It's taken me awhile to reach this point," he said. "This was the worst nightmare in the world, like someone takes your heart and smashes and crushes it."

He admitted he mistakenly believed that the Friend of Court referee who actually heard his case was Rancilio.

He said he reposted items that Rancilio had posted because he believed they were inappropriate for a judge. Rancilio had criticized a TV commercial in connection with a food allergy and posted items on her Pinterest page.

"I think it was completely appalling," he said. "I think people should know about it."

He called turning his shovel post into a threat "a very far-fetched manipulation of reality."

He said he has no violence in his past. He said he was convicted of drunk driving about 10 years ago.

"I'm a lover, not a fighter, always have been," he said.

Vanderhagen added after the verdict that he doesn't believe Rancilio was truly scared by his posts but rather wanted to "silence me."

"I don't believe all of what she was saying," he said. "It just believe it was a show."

He said the fact that prosecutors offered him to plead guilty to a lesser offense -- a 93-day misdemeanor in place of a six-month misdemeanor -- was a "wake up" indicating to him they knew their case was weak.

He said accepting the plea deal also would have been disrespectful to his son.

"That's bowing to them, saying I'm guilty when I know I'm not," he said. "That's an injustice to my son."

Vanderhagen plans to continue to "speak up" about problems in the family-court system, which he said favors mothers over fathers.

He thanked supporters, many of whom attended the trial, and appreciates support he has received online from across the country.

The trial also was attended by Rancilio supporters, including her parents.

Rancilio testified she has received death threats related to the case in recent weeks, and Somberg said the case has spawned extensive social-media commentary.

The jury came from residents of the court's jurisdiction, which includes Clinton and Harrison townships and Mount Clemens. Rancilio, who had not held judicial office previously, was first elected to the Macomb County Circuit Court post in 2016.

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