Beneath the Rittenhouse trial: Grim truths about the state of America
Heather Digby Parton, Salon
November 12, 2021
Kyle Rittenhouse (Twitter)
The trial of Kyle Rittenhouse, the 17-year-old who brought an illegally obtained AR-15 semiautomatic rifle to a chaotic street protest in Kenosha, Wisconsin, and shot three people, killing two of them, has the country riveted this week. The judge and the prosecutor have been at each other's throats, the top prosecution witnesses turned out to be more helpful for the defense, and defense attorneys unexpectedly put the baby-faced Rittenhouse on the stand, where he breathlessly sobbed like a toddler. Meanwhile, the judge got a phone call as he sat at the bench, revealing his ring tone to be Lee Greenwood's "God Bless the USA," an unofficial Republican theme song. So the trial has been both dramatic and bizarre in equal measure.
The case is important for many reasons having to do with policing, guns, politics and the growing acceptance of right-wing vigilantism in America. Rittenhouse has somehow become a symbol of all those issues, with the country split down the middle on whether he should be condemned for carrying an illegally obtained assault weapon across state lines (he lived a few miles away, in Illinois) and killing people or should be viewed as a hero for standing up to the left-wing mob and defending himself when challenged. His childlike demeanor confuses the issue even more. How could such an innocent-looking boy have done either of those things?
The facts of the case are well known, so I won't go into it in detail. Suffice it to say that Rittenhouse fashioned himself as a "medic" (a role for which he was entirely untrained) as well as a sort of adjunct militia member, protecting private property and supporting the police when he drove into Kenosha that night and ostentatiously patrolled the streets with his long gun. He was confronted by Joseph Rosenbaum, an ex-convict with a history of mental illness who threw a bag of toiletries at him. Rittenhouse fired his gun, mortally wounding Rosenbaum. He called a friend and said, "I just killed somebody," as he jogged away from the scene.
Rittenhouse was chased by several people, including one man who tried to hit him with a high kick. Rittenhouse fired at that person but missed. Another protester, Anthony Huber, attempted to bring him down with a skateboard and Rittenhouse shot and killed him too. Gaige Grosskreutz, an armed protester and trained paramedic who also chased Rittenhouse, testified that the two men aimed their guns at each other and Rittenhouse shot him as well, wounding him in the arm. Then Rittenhouse simply walked away from this bloody scene, walking right past police lines, and went home. He turned himself in the next morning. At no point did the self-styled medic try to help any of the people he shot.
Donald Trump defended Rittenhouse's actions at the time, saying that Rittenhouse was "trying to get away from them, I guess, it looks like. I guess he was in very big trouble. He probably would have been killed." The Trump administration distributed talking points urging officials to say to characterize Rittenhouse as "taking his rifle to the scene of the rioting to help defend small business owners."
As for the MAGA crowd, the Washington Post's Paul Waldman observed that Rittenhouse has been extolled as a hero from the very beginning, with Trump supporters raising most of the $2 million for his bail with online appeals:
On Fox News and other conservative media, one personality after another rushed to his defense....
Rittenhouse "should walk away a free and rich man after suing for malicious prosecution. That would be true justice in this case," said Matt Walsh of the Daily Wire. "Kyle Rittenhouse went to Kenosha to clean up the filth left by the rioting Biden voters," said Tucker Carlson ....
So try to imagine what will happen if Rittenhouse is acquitted. Trump will issue a statement somehow taking credit for it. Fox News will fly Rittenhouse to New York for triumphant interviews. Social media will erupt with joy, as millions of conservatives cry "Suck it, libs!" He'll appear on T-shirts and bumper stickers; maybe he'll speak at the next Conservative Political Action Conference. And don't be surprised if Trumpist candidates start seeking Rittenhouse's endorsement and asking him to appear on the campaign trail with them.
The trial isn't even over yet and that's already happening. Here is Rittenhouse's mother on Sean Hannity's Fox News show Thursday night:
This could be the beginning of a very successful career for young Rittenhouse. He's already shown that he has an instinct for it. After his arraignment and not-guilty plea he was seen numerous times wearing a "Free as Fuck" T-shirt in public, accompanied by his mother and greeted with cheers from his MAGAworld fans.
This sort of vigilantism is routinely celebrated on the right these days. From the Trayvon Martin killing in Florida to the trial of Ahmaud Arbery's killers now unfolding in Georgia, they have lined up in support for citizens who take the law into their own hands — as long as the targets are left-wing protesters and Black people. They aren't so keen when the shoe is on the other foot.
You may recall another very similar case in Portland, Oregon, last year when Michael Reinoehl, an armed antifa supporter, got into a beef with Aaron Danielson, a supporter of the far-right group Patriot Prayer. In this case, the leftist shot and killed the MAGA supporter and Trump, according to his own account of events on Fox News, personally ordered U.S. marshals to hunt Reinoehl down:
Now we sent in the U.S. marshals for the killer, the man that killed the young man in the street. Two and a half days went by, and I put out, "When are you going to go get him?" And the U.S. marshals went in to get him, and
According to this rundown of the events by the New York Times, it's clear that Reinoehl was unarmed at the time of his death and that marshals opened fire without warning as he walked to his car. It was an extrajudicial execution, apparently ordered by the president of the United States
It may be that Kyle Rittenhouse will be seen in the eyes of the law to have fired in self-defense. After all, he's being tried for murder, not for being a reckless fool who should never have carried a firearm anywhere near the melee that night. Many of the TV lawyers analyzing the case believe the prosecution has not made the case for a homicide conviction. If that's the way things play out, that won't be the fault of the lawyers, the judge or the jury. It will be the direct result of laws that allow teenage boys to wander the streets with loaded assault weapons slung over their shoulders, as if that were perfectly reasonable in a civilized society.
Vigilantism, extrajudicial killings by federal authorities, violent insurrections, threats and harassment of public officials, and rejection of election results and the democratic process are all hallmarks of authoritarian movements. Coddling the gun fetishists and allowing right-wing extremism to fester over many years has brought us to the point when we must ask ourselves if we're no longer a country where politics is war by other means — it's just plain old war.
Heather Digby Parton, Salon
November 12, 2021
Kyle Rittenhouse (Twitter)
The trial of Kyle Rittenhouse, the 17-year-old who brought an illegally obtained AR-15 semiautomatic rifle to a chaotic street protest in Kenosha, Wisconsin, and shot three people, killing two of them, has the country riveted this week. The judge and the prosecutor have been at each other's throats, the top prosecution witnesses turned out to be more helpful for the defense, and defense attorneys unexpectedly put the baby-faced Rittenhouse on the stand, where he breathlessly sobbed like a toddler. Meanwhile, the judge got a phone call as he sat at the bench, revealing his ring tone to be Lee Greenwood's "God Bless the USA," an unofficial Republican theme song. So the trial has been both dramatic and bizarre in equal measure.
The case is important for many reasons having to do with policing, guns, politics and the growing acceptance of right-wing vigilantism in America. Rittenhouse has somehow become a symbol of all those issues, with the country split down the middle on whether he should be condemned for carrying an illegally obtained assault weapon across state lines (he lived a few miles away, in Illinois) and killing people or should be viewed as a hero for standing up to the left-wing mob and defending himself when challenged. His childlike demeanor confuses the issue even more. How could such an innocent-looking boy have done either of those things?
The facts of the case are well known, so I won't go into it in detail. Suffice it to say that Rittenhouse fashioned himself as a "medic" (a role for which he was entirely untrained) as well as a sort of adjunct militia member, protecting private property and supporting the police when he drove into Kenosha that night and ostentatiously patrolled the streets with his long gun. He was confronted by Joseph Rosenbaum, an ex-convict with a history of mental illness who threw a bag of toiletries at him. Rittenhouse fired his gun, mortally wounding Rosenbaum. He called a friend and said, "I just killed somebody," as he jogged away from the scene.
Rittenhouse was chased by several people, including one man who tried to hit him with a high kick. Rittenhouse fired at that person but missed. Another protester, Anthony Huber, attempted to bring him down with a skateboard and Rittenhouse shot and killed him too. Gaige Grosskreutz, an armed protester and trained paramedic who also chased Rittenhouse, testified that the two men aimed their guns at each other and Rittenhouse shot him as well, wounding him in the arm. Then Rittenhouse simply walked away from this bloody scene, walking right past police lines, and went home. He turned himself in the next morning. At no point did the self-styled medic try to help any of the people he shot.
Donald Trump defended Rittenhouse's actions at the time, saying that Rittenhouse was "trying to get away from them, I guess, it looks like. I guess he was in very big trouble. He probably would have been killed." The Trump administration distributed talking points urging officials to say to characterize Rittenhouse as "taking his rifle to the scene of the rioting to help defend small business owners."
As for the MAGA crowd, the Washington Post's Paul Waldman observed that Rittenhouse has been extolled as a hero from the very beginning, with Trump supporters raising most of the $2 million for his bail with online appeals:
On Fox News and other conservative media, one personality after another rushed to his defense....
Rittenhouse "should walk away a free and rich man after suing for malicious prosecution. That would be true justice in this case," said Matt Walsh of the Daily Wire. "Kyle Rittenhouse went to Kenosha to clean up the filth left by the rioting Biden voters," said Tucker Carlson ....
So try to imagine what will happen if Rittenhouse is acquitted. Trump will issue a statement somehow taking credit for it. Fox News will fly Rittenhouse to New York for triumphant interviews. Social media will erupt with joy, as millions of conservatives cry "Suck it, libs!" He'll appear on T-shirts and bumper stickers; maybe he'll speak at the next Conservative Political Action Conference. And don't be surprised if Trumpist candidates start seeking Rittenhouse's endorsement and asking him to appear on the campaign trail with them.
The trial isn't even over yet and that's already happening. Here is Rittenhouse's mother on Sean Hannity's Fox News show Thursday night:
This could be the beginning of a very successful career for young Rittenhouse. He's already shown that he has an instinct for it. After his arraignment and not-guilty plea he was seen numerous times wearing a "Free as Fuck" T-shirt in public, accompanied by his mother and greeted with cheers from his MAGAworld fans.
This sort of vigilantism is routinely celebrated on the right these days. From the Trayvon Martin killing in Florida to the trial of Ahmaud Arbery's killers now unfolding in Georgia, they have lined up in support for citizens who take the law into their own hands — as long as the targets are left-wing protesters and Black people. They aren't so keen when the shoe is on the other foot.
You may recall another very similar case in Portland, Oregon, last year when Michael Reinoehl, an armed antifa supporter, got into a beef with Aaron Danielson, a supporter of the far-right group Patriot Prayer. In this case, the leftist shot and killed the MAGA supporter and Trump, according to his own account of events on Fox News, personally ordered U.S. marshals to hunt Reinoehl down:
Now we sent in the U.S. marshals for the killer, the man that killed the young man in the street. Two and a half days went by, and I put out, "When are you going to go get him?" And the U.S. marshals went in to get him, and
According to this rundown of the events by the New York Times, it's clear that Reinoehl was unarmed at the time of his death and that marshals opened fire without warning as he walked to his car. It was an extrajudicial execution, apparently ordered by the president of the United States
It may be that Kyle Rittenhouse will be seen in the eyes of the law to have fired in self-defense. After all, he's being tried for murder, not for being a reckless fool who should never have carried a firearm anywhere near the melee that night. Many of the TV lawyers analyzing the case believe the prosecution has not made the case for a homicide conviction. If that's the way things play out, that won't be the fault of the lawyers, the judge or the jury. It will be the direct result of laws that allow teenage boys to wander the streets with loaded assault weapons slung over their shoulders, as if that were perfectly reasonable in a civilized society.
Vigilantism, extrajudicial killings by federal authorities, violent insurrections, threats and harassment of public officials, and rejection of election results and the democratic process are all hallmarks of authoritarian movements. Coddling the gun fetishists and allowing right-wing extremism to fester over many years has brought us to the point when we must ask ourselves if we're no longer a country where politics is war by other means — it's just plain old war.
In the Kyle Rittenhouse murder trial, Judge Bruce Schroeder began the day on Thursday asking everyone in the courtroom, including the jury, if they had served in the military. As it turned out, the only military veteran in the courtroom who spoke up was the defense expert on use-of-force, John Black. Schroeder then motioned to the jury, and said that he thinks that everyone should give a “round of applause to the people who have served,” while gesturing back over toward Black.
I have been a criminal law attorney for 27 years. I was both a federal and state prosecutor, and defense attorney. In all my years of practice, I have never seen a trial judge during a trial put the jury in a position where they would have to applaud a defense witness right before they are about to take the stand and testify.
More: Kyle Rittenhouse deserves an award for his melodramatic performance on the witness stand.
Bad behavior on the bench
A judge in any criminal jury trial should never put members of the jury in a position where they are asked to applaud for a witness about to testify for something that they have done in the past. I am a Marine Corps veteran. I certainly appreciate it when people thank me for my service. But trial judges must do everything possible to avoid any appearance that they favor or agree with one side or another in a trial. A judge must also not express a favorable personal opinion about a witness – even to laud them for military service.
This incident has followed a series of rulings and admonishments against the prosecution that has created the impression on many in the public that the judge is biased toward the defense for political reasons.
Jeffrey Abramson and Dennis Aftergut: Arbery, 'Unite the Right,' Rittenhouse cases show difficulty of finding impartial jurors
That was only exacerbated when Schroeder’s phone rang in the middle of the trial, and his ring tone was, "God Bless the USA" by Lee Greenwood. That happens to be the unofficial theme song of the Trump rallies, typically playing whenever he takes the stage.
Faith in the process
The parties to a trial and the public must feel confident that the process was fair and unbiased. These unusual incidents have created the impression in the minds of many that the judge in this case is biased, and that is unfortunate.
In a trial as high profile as Rittenhouse, it is crucial for everyone to have confidence that due process was fairly applied. Whatever the verdict, many people have already concluded that it wasn’t.
Ron Filipkowski is a former prosecutor and Marine and current criminal defense lawyer.
This article originally appeared on USA TODAY: Kyle Rittenhouse trial: Did judge Bruce Schroeder act prudently?
GOP Candidates Are Wielding Kyle Rittenhouse Trial In Culture War
Liz Skalka
Thu, November 11, 2021
A jury hasn’t ruled yet in the murder trial of Kyle Rittenhouse, the teen facing homicide charges for shooting three men during a 2020 protest in Kenosha, Wisconsin — but Republicans and their allies are already wielding the issue in their broader culture war ahead of the midterm elections.
“I think that it’s not a trial, it’s child abuse masquerading as justice in this country,” said J.D. Vance, the author and venture capitalist running for Senate in Ohio, said on Tucker Carlson’s Fox News program Wednesday. “This entire trial — this entire farce — is an indictment on every institution in our society.”
Potentially facing life in prison if convicted of the most serious charges, Rittenhouse has been championed by the right after he fatally shot two men and wounded another during a protest that erupted in response to a white Kenosha officer shooting and leaving a Black man, Jacob Blake, paralyzed from the waist down. The trial has fiercely divided the nation over whether Rittenhouse, 17 at the time, was acting as a hero or a vigilante.
Rittenhouse’s trial has become symbolic of the nation’s political polarization over police brutality, racism and gun rights — issues that are nearly certain to factor into the upcoming election cycle
.
Kyle Rittenhouse breaks down on the stand as he testifies during his murder trial in Kenosha, Wisconsin, on Nov. 10. (Photo: Mark Hertzberg/Associated Press)
Republicans seeking office in 2022 have attacked the prosecution in the case and continue to slam President Joe Biden for appearing to label Rittenhouse — who traveled across state lines to Kenosha with an AR-style rifle and a medical kit — a “white supremacist” in a tweet shortly after the killings.
After the presidential debate in September 2020, Biden shared a video targeting former President Donald Trump for refusing to disavow white supremacy that featured Rittenhouse and others.
Rittenhouse has argued that he was acting in self-defense and traveled to Kenosha as a private citizen to quell violence and looting.
“It’s an indictment of our disgusting president, who called him a white supremacist, even though he shot other white people. It’s an indictment of our media, which slandered and bullied a 17-year-old boy. I haven’t seen anything that disgusts me with the leaders of this country like this ridiculous farce of a trial,” Vance, who has framed his candidacy around cultural issues, said on Fox.
On Thursday, Vance’s GOP primary opponent, Josh Mandel, tweeted “Kyle Rittenhouse is the victim” in response to basketball star LeBron James, who questioned whether Rittenhouse’s tears on the stand were genuine.
Eric Greitens, the former Missouri governor running for an open Senate seat in that state, retweeted former NYPD Commissioner Bernie Kerik — a fixture on right-wing cable who received a presidential pardon from Trump — who called the trial an “abuse of power by a politically motivated prosecutor.”
Tulsi Gabbard, the former Hawaii congresswoman who ran in the 2020 Democratic primary for president, also offered her take. Gabbard, who was reportedly vetted for a role in the Trump administration, is seen as sympathetic to the right and as harboring ambitions for higher office.
“The prosecutor in this Rittenhouse trial obviously didn’t do his due diligence before making the decision to prosecute,” Gabbard said in a viral video. “This tragedy never would have happened if the government had simply carried out its responsibilities to protect the safety, lives and property of innocent people.”
Republican Glenn Youngkin’s win this month in the Virginia governor’s race demonstrated the potency of cultural issues for the GOP, which successfully tapped into anger over parental control in schools, particularly with COVID-19 mandates and the bogeyman of “critical race theory” in schools.
Underpinning the Rittenhouse trial, which continues this week, are tensions over last year’s protests against police brutality toward Black Americans and the role police forces should play in society.
Democrats, for their part, weren’t silent on Rittenhouse, either.
Rep. Hakeem Jeffries of New York tweeted on Wednesday: “Lock up Kyle Rittenhouse and throw away the key.”
Kyle Rittenhouse Trial Resumes After His Lawyers Ask Judge For Mistrial
Kyle Rittenhouse Takes The Stand To Defend Himself In Murder Trial
Prosecutor Says Kyle Rittenhouse Instigated Kenosha Bloodshed
Kyle Rittenhouse breaks down on the stand as he testifies during his murder trial in Kenosha, Wisconsin, on Nov. 10. (Photo: Mark Hertzberg/Associated Press)
Republicans seeking office in 2022 have attacked the prosecution in the case and continue to slam President Joe Biden for appearing to label Rittenhouse — who traveled across state lines to Kenosha with an AR-style rifle and a medical kit — a “white supremacist” in a tweet shortly after the killings.
After the presidential debate in September 2020, Biden shared a video targeting former President Donald Trump for refusing to disavow white supremacy that featured Rittenhouse and others.
Rittenhouse has argued that he was acting in self-defense and traveled to Kenosha as a private citizen to quell violence and looting.
“It’s an indictment of our disgusting president, who called him a white supremacist, even though he shot other white people. It’s an indictment of our media, which slandered and bullied a 17-year-old boy. I haven’t seen anything that disgusts me with the leaders of this country like this ridiculous farce of a trial,” Vance, who has framed his candidacy around cultural issues, said on Fox.
On Thursday, Vance’s GOP primary opponent, Josh Mandel, tweeted “Kyle Rittenhouse is the victim” in response to basketball star LeBron James, who questioned whether Rittenhouse’s tears on the stand were genuine.
Eric Greitens, the former Missouri governor running for an open Senate seat in that state, retweeted former NYPD Commissioner Bernie Kerik — a fixture on right-wing cable who received a presidential pardon from Trump — who called the trial an “abuse of power by a politically motivated prosecutor.”
Tulsi Gabbard, the former Hawaii congresswoman who ran in the 2020 Democratic primary for president, also offered her take. Gabbard, who was reportedly vetted for a role in the Trump administration, is seen as sympathetic to the right and as harboring ambitions for higher office.
“The prosecutor in this Rittenhouse trial obviously didn’t do his due diligence before making the decision to prosecute,” Gabbard said in a viral video. “This tragedy never would have happened if the government had simply carried out its responsibilities to protect the safety, lives and property of innocent people.”
Republican Glenn Youngkin’s win this month in the Virginia governor’s race demonstrated the potency of cultural issues for the GOP, which successfully tapped into anger over parental control in schools, particularly with COVID-19 mandates and the bogeyman of “critical race theory” in schools.
Underpinning the Rittenhouse trial, which continues this week, are tensions over last year’s protests against police brutality toward Black Americans and the role police forces should play in society.
Democrats, for their part, weren’t silent on Rittenhouse, either.
Rep. Hakeem Jeffries of New York tweeted on Wednesday: “Lock up Kyle Rittenhouse and throw away the key.”
Kyle Rittenhouse Trial Resumes After His Lawyers Ask Judge For Mistrial
Kyle Rittenhouse Takes The Stand To Defend Himself In Murder Trial
Prosecutor Says Kyle Rittenhouse Instigated Kenosha Bloodshed
Jury to get to weigh some lesser charges in Rittenhouse case
By SCOTT BAUER, MICHAEL TARM and AMY FORLITI
Kyle Rittenhouse and defense attorney Mark Richards stand as Judge Bruce Schroeder makes a personal call during Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Friday, Nov. 12, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (Mark Hertzberg /Pool Photo via AP)
KENOSHA, Wis. (AP) — The jurors who will decide Kyle Rittenhouse’s fate will be allowed to consider lesser charges if they opt to acquit him on some of the original counts prosecutors brought, the judge said Friday during a contentious hearing in which both sides could claim partial victory.
Rittenhouse, of nearby Antioch, Illinois, testified that he acted in self-defense when he fatally shot two protesters and wounded a third during an August 2020 night of unrest in Kenosha following the police shooting of Jacob Blake, a Black man.
Jurors are expected to begin deliberating on Monday after closing arguments in a case that has left Americans divided over whether Rittenhouse was a patriot who took a stand against lawlessness or a vigilante who brought a gun to a protest to provoke a response.
With a verdict near, Gov. Tony Evers said Friday that 500 National Guard members would be prepared for duty in Kenosha if local law enforcement requested them.
Rittenhouse, who was 17 at the time of the shootings, is charged with intentional homicide and other counts for killing Joseph Rosenbaum and Anthony Huber and wounding Gaige Grosskreutz.
Wisconsin law allows the prosecution and defense to ask that jurors be told they can consider lesser charges as part of the instructions they receive before deliberating. Defense lawyers can object to lesser charges, and in some cases Friday, they did. For those that they didn’t object to, Judge Bruce Schroeder asked Rittenhouse to confirm that he agreed with his attorneys’ decision.
Schroeder told Rittenhouse that by including the lesser charges, “you’re raising the risk of conviction, although you’re avoiding the possibility that the jury will end up compromising on the more serious crime. And you’re also decreasing the risk that you’ll end up with a second trial because the jury is unable to agree.”
Rittenhouse said he understood.
Schroeder said he would issue his final rulings Saturday, but he made some findings from the bench and indicated how he might rule on others. For counts where jurors will be allowed to consider lesser charges, they will be instructed to only consider them if they first acquit Rittenhouse of the more serious original corresponding charge.
Friday’s arguments over jury instructions were contentious at times, with attorneys rehashing debates they had earlier in the case. At one point, as prosecutors were seeking to add an instruction that would allow the jurors to consider whether Rittenhouse was provoked, the two sides debated about what a particular photo showed. Schroeder lost his temper, snapping: “You’re asking me to give an instruction. I want to see the best picture!”
Schroeder ultimately said he would allow the provocation instruction, which would ask the jury to consider whether Rittenhouse provoked Rosenbaum into attacking him. If the jury finds he did, that would negate self-defense.
Rittenhouse, now 18, faces one count of first-degree reckless homicide in the killing of Rosenbaum, who was the first person he shot after Rosenbaum chased him in a used car lot. Prosecutors sought to add a second-degree reckless homicide charge, but the defense objected. Schroeder said he was unlikely to allow the lesser charge because he thought a guilty verdict on the lesser charge would be overturned on appeal.
Rittenhouse also faces two charges of first-degree reckless endangerment: one for firing at an unknown man who tried to kick him in the face and another because a reporter was in the line of fire when Rittenhouse shot Rosenbaum.
Schroeder said he was inclined to allow a lesser charge of second-degree reckless endangerment when it comes to endangering the reporter, but he might not. He said he would not allow the lesser charge in the case of the unidentified man who tried to kick Rittenhouse.
Rittenhouse also faces one count of first-degree intentional homicide in Huber’s death. That’s the most serious charge against him and carries a mandatory life sentence. Huber swung his skateboard at Rittenhouse shortly after Rittenhouse killed Rosenbaum.
The defense did not object to adding lesser counts of second-degree intentional homicide and first-degree reckless homicide as it relates to Huber. It did object to adding a charge of second-degree reckless homicide. Schroeder said he “embraced” that argument.
Rittenhouse also faces one count of attempted first-degree intentional homicide for shooting and wounding Grosskreutz in the arm. Grosskreutz, who had a gun in his hand, confronted Rittenhouse right after Rittenhouse shot Huber.
Prosecutors asked to add second-degree attempted intentional homicide, first-degree reckless endangerment and second-degree reckless endangerment options. Rittenhouse attorney Corey Chirafisi didn’t object to the second-degree attempted homicide count, but he objected to adding the reckless endangerment counts, saying he doesn’t believe someone can “attempt to be reckless.”
Schroeder said he would mull it over but was inclined to agree with prosecutors.
Rittenhouse is also charged with possessing a dangerous weapon while under the age of 18. It was not clear Friday what Schroeder intended to tell jurors on that charge.
Legal observers said both sides got some wins during the hearing. Julius Kim, a Milwaukee criminal defense attorney and former prosecutor, said no matter how confident Rittenhouse may be of his defense, accepting the lesser charge on the most serious count minimizes the risk of him being convicted and sentenced to life in prison.
“I think that they recognize it could be a good thing for Mr. Rittenhouse to allow the jury to potentially convict him of a lesser offense if they convict him of anything,” Kim said, adding that the lack of a defense objection on that count could signal that they might not be confident in an acquittal.
Still, the fact that prosecutors are seeking a lesser offense is a “tacit acknowledgement” that they aren’t confident the jury will convict Rittenhouse on the original charges.
“I think they are trying to salvage something at his point in time,” Kim said.
Michael O’Hear, a criminal law professor at Marquette University in Milwaukee, agreed, saying lesser included charges are usually sought by the defense.
“Normally the prosecutor would not request a lesser included instruction if the prosecution had a very high degree of confidence in the likelihood of conviction of the greater offense,” O’Hear said, noting that adding it “practically invites the jury to compromise on the lesser offense.”
Testimony in the case ended Thursday after nearly two weeks. The most riveting moment in the trial came when Rittenhouse told the jury that he was defending himself from attack when he used his rifle to shoot the three men.
Closing arguments will be Monday, after which names will be drawn to decide which 12 jurors will deliberate and which will be dismissed as alternates. Eighteen people have been hearing the case. The panel appears to be overwhelmingly white, like Rittenhouse and those he shot.
The protests were set off by the wounding of Blake by a white police officer. Rittenhouse went to the protest with a rifle and a medical kit in what the former police and fire youth cadet said was an effort to protect property after rioters set fires and ransacked businesses on previous nights.
The case has stirred fierce debate over vigilantism, self-defense, the Second Amendment right to bear arms and the unrest that erupted throughout the U.S. over the killing of George Floyd in Minneapolis and other police violence against Black people.
___
Bauer reported from Madison and Forliti reported from Minneapolis.
___
Find AP’s full coverage of the Rittenhouse trial: https://apnews.com/hub/kyle-rittenhouse
KENOSHA, Wis. (AP) — The jurors who will decide Kyle Rittenhouse’s fate will be allowed to consider lesser charges if they opt to acquit him on some of the original counts prosecutors brought, the judge said Friday during a contentious hearing in which both sides could claim partial victory.
Rittenhouse, of nearby Antioch, Illinois, testified that he acted in self-defense when he fatally shot two protesters and wounded a third during an August 2020 night of unrest in Kenosha following the police shooting of Jacob Blake, a Black man.
Jurors are expected to begin deliberating on Monday after closing arguments in a case that has left Americans divided over whether Rittenhouse was a patriot who took a stand against lawlessness or a vigilante who brought a gun to a protest to provoke a response.
With a verdict near, Gov. Tony Evers said Friday that 500 National Guard members would be prepared for duty in Kenosha if local law enforcement requested them.
Rittenhouse, who was 17 at the time of the shootings, is charged with intentional homicide and other counts for killing Joseph Rosenbaum and Anthony Huber and wounding Gaige Grosskreutz.
Wisconsin law allows the prosecution and defense to ask that jurors be told they can consider lesser charges as part of the instructions they receive before deliberating. Defense lawyers can object to lesser charges, and in some cases Friday, they did. For those that they didn’t object to, Judge Bruce Schroeder asked Rittenhouse to confirm that he agreed with his attorneys’ decision.
Schroeder told Rittenhouse that by including the lesser charges, “you’re raising the risk of conviction, although you’re avoiding the possibility that the jury will end up compromising on the more serious crime. And you’re also decreasing the risk that you’ll end up with a second trial because the jury is unable to agree.”
Rittenhouse said he understood.
Schroeder said he would issue his final rulings Saturday, but he made some findings from the bench and indicated how he might rule on others. For counts where jurors will be allowed to consider lesser charges, they will be instructed to only consider them if they first acquit Rittenhouse of the more serious original corresponding charge.
Friday’s arguments over jury instructions were contentious at times, with attorneys rehashing debates they had earlier in the case. At one point, as prosecutors were seeking to add an instruction that would allow the jurors to consider whether Rittenhouse was provoked, the two sides debated about what a particular photo showed. Schroeder lost his temper, snapping: “You’re asking me to give an instruction. I want to see the best picture!”
Schroeder ultimately said he would allow the provocation instruction, which would ask the jury to consider whether Rittenhouse provoked Rosenbaum into attacking him. If the jury finds he did, that would negate self-defense.
Rittenhouse, now 18, faces one count of first-degree reckless homicide in the killing of Rosenbaum, who was the first person he shot after Rosenbaum chased him in a used car lot. Prosecutors sought to add a second-degree reckless homicide charge, but the defense objected. Schroeder said he was unlikely to allow the lesser charge because he thought a guilty verdict on the lesser charge would be overturned on appeal.
Rittenhouse also faces two charges of first-degree reckless endangerment: one for firing at an unknown man who tried to kick him in the face and another because a reporter was in the line of fire when Rittenhouse shot Rosenbaum.
Schroeder said he was inclined to allow a lesser charge of second-degree reckless endangerment when it comes to endangering the reporter, but he might not. He said he would not allow the lesser charge in the case of the unidentified man who tried to kick Rittenhouse.
Rittenhouse also faces one count of first-degree intentional homicide in Huber’s death. That’s the most serious charge against him and carries a mandatory life sentence. Huber swung his skateboard at Rittenhouse shortly after Rittenhouse killed Rosenbaum.
The defense did not object to adding lesser counts of second-degree intentional homicide and first-degree reckless homicide as it relates to Huber. It did object to adding a charge of second-degree reckless homicide. Schroeder said he “embraced” that argument.
Rittenhouse also faces one count of attempted first-degree intentional homicide for shooting and wounding Grosskreutz in the arm. Grosskreutz, who had a gun in his hand, confronted Rittenhouse right after Rittenhouse shot Huber.
Prosecutors asked to add second-degree attempted intentional homicide, first-degree reckless endangerment and second-degree reckless endangerment options. Rittenhouse attorney Corey Chirafisi didn’t object to the second-degree attempted homicide count, but he objected to adding the reckless endangerment counts, saying he doesn’t believe someone can “attempt to be reckless.”
Schroeder said he would mull it over but was inclined to agree with prosecutors.
Rittenhouse is also charged with possessing a dangerous weapon while under the age of 18. It was not clear Friday what Schroeder intended to tell jurors on that charge.
Legal observers said both sides got some wins during the hearing. Julius Kim, a Milwaukee criminal defense attorney and former prosecutor, said no matter how confident Rittenhouse may be of his defense, accepting the lesser charge on the most serious count minimizes the risk of him being convicted and sentenced to life in prison.
“I think that they recognize it could be a good thing for Mr. Rittenhouse to allow the jury to potentially convict him of a lesser offense if they convict him of anything,” Kim said, adding that the lack of a defense objection on that count could signal that they might not be confident in an acquittal.
Still, the fact that prosecutors are seeking a lesser offense is a “tacit acknowledgement” that they aren’t confident the jury will convict Rittenhouse on the original charges.
“I think they are trying to salvage something at his point in time,” Kim said.
Michael O’Hear, a criminal law professor at Marquette University in Milwaukee, agreed, saying lesser included charges are usually sought by the defense.
“Normally the prosecutor would not request a lesser included instruction if the prosecution had a very high degree of confidence in the likelihood of conviction of the greater offense,” O’Hear said, noting that adding it “practically invites the jury to compromise on the lesser offense.”
Testimony in the case ended Thursday after nearly two weeks. The most riveting moment in the trial came when Rittenhouse told the jury that he was defending himself from attack when he used his rifle to shoot the three men.
Closing arguments will be Monday, after which names will be drawn to decide which 12 jurors will deliberate and which will be dismissed as alternates. Eighteen people have been hearing the case. The panel appears to be overwhelmingly white, like Rittenhouse and those he shot.
The protests were set off by the wounding of Blake by a white police officer. Rittenhouse went to the protest with a rifle and a medical kit in what the former police and fire youth cadet said was an effort to protect property after rioters set fires and ransacked businesses on previous nights.
The case has stirred fierce debate over vigilantism, self-defense, the Second Amendment right to bear arms and the unrest that erupted throughout the U.S. over the killing of George Floyd in Minneapolis and other police violence against Black people.
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Bauer reported from Madison and Forliti reported from Minneapolis.
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Find AP’s full coverage of the Rittenhouse trial: https://apnews.com/hub/kyle-rittenhouse
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