Kyle Rittenhouse Murder Trial
Afterwards the jury heard from the lead prosecuting attorney ADA Bing, with his closing arguments that he attempted to cast in a light where Mr Rittenhouse was never actually defending himself.
Today the judge in the Rittenhouse Murder Trial dismissed the gun charge in the case and submitted the jury instructions to the jury.
Things were not going well for the prosecution.
But the reasons for this developing failure depends greatly on which Mainstream Media source you are watching other than the trial itself. It is either prosecutions inability to show that Rittenhouse, was not defending himself, or that they made so many mistakes in their presentation of the evidence and or judicial misconduct. Or as many of the MSM have touted from the first 12 hours after the shootings that Rittenhouse is a died in the wool racist and KKK member and should be stood against a wall and shot immediately.
Kyle Rittenhouse is facing 5 charges that all involve homicide as their center piece. The gun charge he had been charged with earlier has been dropped.
The prosecution stumbled out of the gate in the trial. Ryan Balch, testified that one of the other people shot, Joseph Rosenbaum, said that he intended to kill Kyle Rittenhouse. Other witnesses described Rosenbaum as, “hyperaggressive and belligerent at the time of the shooting.”
Later, the prosecutor called journalist Richard McGinniss, with The Daily Caller who was reporting from Kenosha that night. He was near Rittenhouse when Joseph Rosenbaum was shot. The prosecutor told McGinniss, “I mean you haven’t any idea what Rosenbaum was thinking at any point of his life. You never met him before.”
McGinnis said, “I never exchanged words with him, if that’s what your question is.”
When he pressed McGinnis on how he had no idea what Rosenbaum was thinking because it “is complete guesswork, isn’t it?”
That is when McGinnis delivered a haymaker, noting, “Well he said (expletive) you, and then he reached for the weapon.”
The prosecution’s own medical expert, Dr. Doug Kelly, appeared to confirm that the forensic evidence of shot injuries on Rosenbaum’s hand would be consistent with Rosenbaum trying to grab the barrel of Rittenhouse’s rifle when the gun was fired.
It got worse from there, including a glaring constitutional violation by the prosecution when Binger, started his cross examination of Rittenhouse by commenting on his decision to remain silent. Attempting to impinge upon his Constitutional Right to not incriminate himeself by remaining silent aka his 5th Amendment right.
The judge rore into the prosecutor for attempting to violate the defendants 5th Amendment right to not self incriminate. Any first-year law student knows that you cannot comment on the silence of a Mirandized defendant after an arrest under the Fifth Amendment
Likewise, a prosecution witness, Gaige Grosskreutz was the third person to be shot by Rittenhouse. Grosskreutz admitted under cross-examination that Rittenhouse did not shoot him when he had his hands up after their confrontation. He admitted that it was only after he pointed his handgun at Rittenhouse and moved toward him that Rittenhouse fired.
He also chastized the prosecutor for blatantly ignoring an earlier court order regarding a previously banned piece of evidence that had been brought up in the trial.
With the errors by the prosecutor ADA Binge, this was always a difficult case. Wisconsin has a very strong self-defense standard. When a defendant claims to have acted to repel a threat, from there forward it is the prosecutions job to rebut that claim beyond a reasonable doubt.
The prosecutors instead sought to muddie the waters creating layers of doubt in the case. It is believed they did so in order to reduce the range of possibiities to something between a hung jury and a full aquittal on the major charges. With his impingement upon the defendents 5th Amendment right he came to the edge of having the case dismissed with prejudice. Meaning the trial would be over and Rittenhouse would never be able to be brought back up on charges of murder in this incident. Basically prosecutor failure to do his job.
The issue at hand right now other than the verdict is the fact that many people may be unaware of the problems with the case is collapsing do to failures of the prosecution. Thus if there is a hung jury or a full aquitall the shock an outrage is going to be greater than if they had been fully covered by the press.
What is really terrible is that some coverage fully dismissed the trial as racism. Some even sought to criticized Judge Brue Schroeder after he enforced long-standing constitutional principles and defended the core constitutional right of the defendant against self-incrimination.