As the Jury deliberate whether Kyle Rittenhouse is guilty or was acting in self defense, the teenager’s lawyers have demanded a mistrial.
Defense attorneys Mark Richards and Corey Chirafisi have accused prosecutors of providing a drone video that was not the same version they wanted to use during the trial.
The defense argue that the resolution of the video supplied in the trial was not the highest resolution possible, so it could actually influence how the jury rules.
The motion alleges:
On November 5, 2021, the fifth day of trial on this case, the prosecution turned over to the defense footage of drone video which captured some of the incident from August 25, 2020. The problem is, the prosecution gave the defense a compressed version of the video.
What that means is the video provided to the defense was not as clear as the video kept by the state.
There have been a number of really unusual moments in the Kyle Rittenhouse trial, and the latest may well be the most bizarre yet.
The Judge allowed Kyle Rittenhouse to draw the slips of paper from a raffle drum that determines which Jury members will decide the teenager’s fate.
Rittenhouse’s draw was to decide which 12 of the 18 people would make up the final Jury.
As you can probably imagine, the Jury draw is not usually carried about by the defendant. It’s usually carried out by a courtroom clerk.
And that’s not the only bizarre thing to happen.
The prosecution in the Kyle Rittenhouse case has been criticized for pointing an AR-15 at the Jury as the trial comes to a close.
Thomas Binger tried recreating the incident that resulted in two people dying, but has received some backlash after doing so.
Thomas Binger making the prosecution's closing argument in the Rittenhouse trial: "He could've signaled to this crowd that he did not pose a threat anymore. But everything he does is indicative of someone who is still threat … within a few seconds, he does kill again." pic.twitter.com/2jomXjwfoV
— Aaron Rupar (@atrupar) November 15, 2021
People on Twitter were outraged:
In today’s news Thomas Binger points a rifle directly at the jury with his finger on the trigger! Alec Baldwin still hasn’t been charged with murder. Rittenhouse on the other hand is on trial for properly using a firearm to defend himself! 🤷♀️🤦♀️
— Ginger’s Page 📝 (@GingersPage) November 16, 2021
I nominate Thomas Binger for Douchebag of the Year. Any objections?
— LivePDDave 🇺🇸 🚨 🥊 (@LivePDDave1) November 15, 2021
Do not trust liberals around guns
— Handbrake Poso (@JackPosobiec) November 16, 2021
Meanwhile, the judge has ordered the jury to disregard all opinions of the case, including that of the President and former President.
Rittenhouse faces charges of two counts of first-degree homicide, one count of attempted homicide and recklessly endangering the safety of two other victims.
Judge Schroeder said:
‘You will pay no heed to the opinions of anyone, even the president of the United States, or the president before him.’
Bruce Schroeder has already thrown out a misdemeanor weapons possessions charge against the 18-year-old as the court case comes to a close.
The Judge dismissed the count of possession of a dangerous weapon by a person under 18. The shorter barrel size of the rifle the teenager carried meant he did not violate the law, according to the judge.
“If the barrel length is less than 16in or an overall length less than 27in, then I’ll deny either motion. If it does not need those specifications then this was defense. Motion will be granted.”
Rittenhouse still faces charges of intentional homicide. A verdict is expected early this week.
The Wisconsin Governor has called up hundreds of National Guard troops ahead of the verdict.
Tony Evers has called for 500 troops to add to the hundreds of police officers, and says the decision was necessary to “ensure public safety”.
In a statement he said:
“The Kenosha community has been strong, resilient, and has come together through incredibly difficult times these past two years, and that healing is still ongoing,”
“I urge folks who are otherwise not from the area to please respect the community by reconsidering any plans to travel there and encourage those who might choose to assemble and exercise their First Amendment rights to do so safely and peacefully.”
Meanwhile, Kyle Rittenhouse’s mom has accused Joe Biden of ‘defaming’ her son.
Wendy Rittenhouse isn’t happy about a tweet from the President last year that suggested Kyle was a white supremacist.
She told Sean Hannity on his Fox News show on Thursday night:
“When I saw that I was shocked, I was angry. President Biden don’t know my son whatsoever, and he’s not a white supremacist,” she said.
“He’s not a racist. And [Biden] did that for the votes. And I was so angry for a while at him and what he did to my son, he defamed him.”
Here’s the tweet in question that has outraged Wendy:
There’s no other way to put it: the President of the United States refused to disavow white supremacists on the debate stage last night. pic.twitter.com/Q3VZTW1vUV
— Joe Biden (@JoeBiden) September 30, 2020
The Judge leading the Kyle Rittenhouse case has been slammed with accusations of bias after berating the prosecution.
Judge Bruce Schroeder criticized prosecutor Thomas Binger for his conduct, and it has led to calls for Schroeder to be removed from the case.
Mr Schroeder shouted:
“Why would you think that that made it okay for you without any advance notice to bring this matter before the jury?”
“I was astonished when you began your examination by commenting on the defendant’s post-arrest silence. That’s basic law. It’s been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that.”
Here’s the video:
WATCH: Judge in Rittenhouse case berates prosecutor over line of questioning.
— Breaking911 (@Breaking911) November 10, 2021
Tiffany Cross, the host of The Cross Connection on MSNBC, was one of many people to accuse the judge of bias.
The judge is CLEARLY BIASED!!!!!!
— @tiffanydcross (@TiffanyDCross) November 10, 2021
Realistically, he can't be. He's elected. Even if he's disciplined later by the state (which he won't be) there's nothing for it for *this* trial.
And if he gets off, he can't be re-tried because of Double Jeopardy.
So, like I said two weeks ago, Rittenhouse is gonna walk.
— Elie Mystal (@ElieNYC) November 10, 2021
Meanwhile, a man who was shot by Kyle Rittenhouse has responded to his teary testimony in court.
Gaige Grosskreutz was shot in the arm by Rittenhouse last August, while Joseph Rosenbaum, 36, and Anthony Huber, 26, tragically both died from their gunshot wounds.
Grosskreutz told the Jury that he thought Rittenhouse was ‘an active shooter’ and that he only drew a pistol after Rittenhouse had already begun firing.
Rittenhouse has always claimed he acted in self defense that night.
The 27-year-old victim has now spoken to Good Morning America in his first interview since appearing in court.
Responding to Rittenhouse’s teary testimonial, Grosskreutz said:
“To me, it seemed like a child who just gotten caught doing something that he wasn’t supposed to – more upset that he was caught and less upset about what he had done and what he had taken and the numerous lives that he affected through his actions that night.”
Recalling the night, Grosskreutz said:
“There are a million things that run through your mind when somebody’s pointing a rifle at you after just having murdered somebody.
“First and foremost I was concerned for my safety. I never lost sight of who I am, I’m not somebody who takes life, I’ve made a life out of protecting and preserving life, not taking it.”
“It’s completely inconsistent with the physiology of my wound that he wound have shot me while my weapon was pointed at his head,
EXCLUSIVE: “To me, he seemed like a child … more upset that he was caught and less upset about what he had done … and the numerous lives that he affected.” — Gage Grosskreutz, the sole survivor shot by Kyle Rittenhouse, reacts to his testimony. https://t.co/DRURCHHX5R pic.twitter.com/wIKHjbVyH1
— Good Morning America (@GMA) November 11, 2021
The judge had to pause court proceedings when Kyle Rittenhouse sobbed uncontrollably discussing the night he fatally shot two men.
The 18-year-old testified that before the shooting, one of the men he shot dead, Rosenbaum, had a “steel chain and a blue mask around his face” and threatened to kill him.
Rittenhouse told the court:
“He screamed ‘if I catch any of you f*ckers alone, I’m going to f*cking kill you. “The second time he said ‘I’m going to cut your f*cking hearts out and kill you N-words.'”
Later, he alleged that Rosenbaum “came out from behind the car and ambushed me”.
Rittenhouse then began sobbing as he told how Rosenbaum and another man, Joshua Ziminski, allegedly cornered him.
The judge then paused the testimony as Rittenhouse and his mother cried uncontrollably.
When the court resumed, attorney Mark Richards asked about the alleged ambush, and Rittenhouse told the attorney he thought he was being attacked.
“As you see him lunging at you, what did you do?”
“I shot him,” Mr Rittenhouse said.