Kyle Rittenhouse’s defense attorneys requested an incorrect Wednesday after prosecutors admitted that drone video of the shooting had been sent to the defense in lower quality. before it was distributed to jurors during the trial.
The matter came to light after jurors asked to review video evidence as they deliberated for a second day on whether Rittenhouse committed the murder or acted in self-defense in the shootings during the brutal protest. by the police in 2020 in Kenosha, Wisconsin.
Rittenhouse’s proposal would allow for a retrial of the case and is different from their previous request for a biased mistrial, which does not allow for a new trial.
Defense attorney Corey Chirafisi said the issue of the drone video had to do with fairness and that the lawyers would argue the case slightly differently if they had a high-quality version. Chirafisi said the defense realized they were of lower quality after the evidence closed.
Assistant District Attorney James Kraus countered that he had altered the video but said he believed the video was compressed when a detective emailed it. Kraus also said Rittenhouse’s defense should have had access to the video days after the shooting when a lawyer previously represented him appeared on the Fox News host’s Tucker Carlson TV show. with the video playing.
Judge Bruce Schroeder did not rule on the new wrongdoing nor on the previous action. He said he would allow the jury to look at some of the video evidence on the laptop in the meantime.
Rittenhouse, 18, was charged with first-degree murder by Anthony Huber, first-degree reckless murder against Joseph Rosenbaum and first-degree murder by Gaige Grosskreutz. He also faces two charges of reckless endangerment, and a jury may consider Some fees include less on certain quantity.
He will face a mandatory life sentence if found guilty of the most serious offences.
Test pitting against two competitive narration of the night of August 25, 2020, against each other. Rittenhouse’s defense attorneys said Rittenhouse, 17 at the time, was in Kenosha helping the community after several nights of protests and killed two men and injured another in self-defense. . Prosecutors say the teen was attempting to cause trouble, armed with an AR-15-style rifle, and incite attacks, thereby losing his right to defend himself.
Protests took place after a white police officer shot Jacob Blake, a Black man, several times. Blake Survived but paralyzed from the waist down. NS the official has been cleared for any state or federal violation.
‘Hot spot of division’:Rittenhouse case, Arbery death trial reflects deepening political and racial divisions
Judge blasts the media with stories of no verdict on mishandling
After receiving the juror’s initial question about viewing video evidence, Schroeder commented on media stories that he had yet to reach a verdict on wrongful motion on the part of the defense.
Rittenhouse’s attorneys questioned during the trial and again in writing about someone who is prejudiced against the wrong person, meaning Rittenhouse cannot retire. The request is separate from the one argued on Wednesday.
In addition to the drone video allegations, the defense said Assistant District Attorney Thomas Binger commented on Rittenhouse’s right to remain silent and attempted to present evidence that Schroeder did not authorize during the trial.
Binger said his comments only reflect that Rittenhouse was able to tailor his testimony to fit the trial dates he heard and that he thinks Schroeder has failed to make a final judgment on the evidence. which he began to give.
Schroeder admonished him, shouted at the prosecutor, and the jury exited the room but did not rule on the motion.
Schroeder said Wednesday that he has yet to read the petition and has only heard part of the oral argument in court.
A story in the Milwaukee Sentinel Journal, part of the USA TODAY Network, included comments from legal experts, who called the lack of judgment “odd”.
Keith Findley, a professor at the University of Wisconsin School of Law, said: “The only reason I can think of to wait is that maybe he wanted to give the jury a chance to acquit himself so he wouldn’t have to. But that’s speculation on my part. Schools.
“I’m not sure why the judge was waiting to give a verdict,” said Michael O’Hear, a professor of criminal law at Marquette Law School. “It doesn’t seem to me like he’ll turn the case over to a jury if he’s expected to make a erroneous verdict.”
Schroeder also made other headlines about him during the trial, including allowing Rittenhouse to draw the number of alternate jurors.
The jury requested additional copies of the instructions; Rittenhouse draws numbers from the swashbuckler
The jury asked Schroeder no questions on their first day of deliberation on Tuesday beyond requests for additional copies of their jury instructions.
Included in those guidelines are the legal requirements that the prosecutor must meet to prove each charge and whether Rittenhouse incited the shooting, as well as the requirements that the defense must meet in order to demonstrate self-defence.
Schroeder raised his eyebrows slightly The third when he allowed Rittenhouse to draw numbers from a tumbler to choose six alternatives and set up 12 final jurors. Surrogates will remain in court in case of need.
Schroeder said he has allowed defendants to do so for the past 20 years. While it is not illegal or immoral, this duty is usually reserved for court clerks, said Ion Meyn, an assistant professor at the University of Wisconsin School of Law.
The jury consisted of five men and seven women and 11 whites and one person of color. The six alternatives are an even split between white males and females.
Discussions take place from about 9:30 a.m. to 5:30 p.m. Tuesday. Schroeder said he will let the jurors decide how late they want to stay.
How much jail time could Rittenhouse face?
If found guilty of first-degree murder in Huber’s death, Rittenhouse will face a mandatory life sentence. The person adding “using a dangerous weapon” to this charge will receive an additional five years in prison.
The lesser charges the jury can consider are second-degree intentional murder and first-degree reckless murder, both of which carry sentences of up to 60 years in prison.
The first degree reckless murder in Rosenbaum’s death carries up to 60 years in prison, plus five years in prison for the “use of a dangerous weapon” charge.
If convicted of knowingly killing Grosskreutz in the first degree, Rittenhouse faces 60 years in prison, plus five years for the same weapon modifier.
The lesser offences that the jury may consider are second-degree attempted murder and first-degree reckless endangerment, punishable by up to 30 years and up to 12 and a half years, respectively. .
Each first degree reckless endangerment of safety, involving the unidentified man and the Daily Caller reporter, will be sentenced to 12 and a half years in prison, plus five years of weapon modification. .
The National Guard is on standby as Kenosha awaits the verdict
Watch out for potential post-judgment violence, Governor Tony Evers sent about 500 Wisconsin National Guard troops to the Kenosha area on standby.
According to Evers’ office, the military will help “hundreds of officers from volunteer law enforcement” should they need assistance in the event of unrest.
Groups of protesters were outside the courthouse on Tuesday as they awaited news from the grand jury. Protesters chanted, “no justice, no peace” and held up signs.
“Right now, we really don’t have a lot of information that suggests we’re going to have problems here,” Sgt said. David Wright, a spokesman for the Kenosha County Sheriff’s Department. “We are working to liaise with our local, state and federal law enforcement partners to ensure the safety of our community.”
Wright noted that Kenosha County Sheriff David Beth neither declared an emergency nor requested the National Guard.
“I’m sure it would be great if we needed it if we needed it,” said Wright. “But we don’t anticipate any problems here. All the people down here are very friendly and not really aggressive or anything like that.”
Contributors: Molly Beck and Elliot Hughes, Milwaukee Journal Sentinel; Related press