Second day jury deliberation, wrongful trial recommendation
Latest on Kyle Rittenhouse test:Click here for updates from day 3 of jury deliberation
The jury in the Kyle Rittenhouse murder trial will weigh in for a third day on Thursday as the judge overseeing the case weighs whether to declare an innocent person innocent.
Rittenhouse’s defense attorneys requested a false Wednesday after prosecutors admitted they sent a lower-quality copy of a potentially important video to the defense. It’s the latest bit of drama in a case that has seen everything from shouting matches in court to tearful outbursts to backlash over silly jokes. justice of the judge.
But the fundamental questions raised by the case – such as the right to openly carry a gun in public and during protests – are being closely watched across the country and the mandate to deliver a verdict is being followed. follow all over social media.
The jurors will reconvene at 9 a.m. local time Thursday to resume deliberations.
Rittenhouse’s false offer would allow a rehearing of the case and is different from the request they requested last week for a biased violation, which would not allow a new trial. The issue arose when jurors asked to look at video evidence during their deliberations Wednesday.
Defense attorney Corey Chirafisi said they were provided with low-quality, grainy drone footage showing Rittenhouse opening fire on the night of protests in Kenosha, Wisconsin, while prosecutors broadcast a High quality version in court. Chirafisi said their team could have changed their defense based on the video and said it was fair in a court of law, noting that Rittenhouse could face life in prison if convicted of the crime. the most serious.
“We took this case in a slightly different way,” he said. “We have to ask for this.”
Assistant District Attorney James Kraus denied that he altered the video but said he believed the video was compressed when a detective emailed it. He said a better quality version was sent to their team via AirDrop, which helps keep the quality of the footage intact.
Judge Bruce Schroeder did not rule on the new wrongdoing nor weigh in on the previous call for a call last week. He said he would allow the jury to look at some of the video evidence on the laptop and allow discussions to continue for a while. He added that the erroneous claim would have to be resolved if there was a guilty verdict.
“I persistently warn the state that these things will one day have to be taken into account,” said Schroeder, noting that if the video should not have been admitted as evidence, “it would have turned ugly,” says Schroeder.
Rittenhouse, 18, was charged with first-degree intentional murder by Anthony Huber, first-degree reckless murder against Joseph Rosenbaum and first-degree murder by Gaige Grosskreutz. He faces two charges of reckless endangerment, and a jury may consider lower fees 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. Defense attorneys said Rittenhouse, 17 at the time, was in Kenosha to help the community after several nights of protests and killed two men and wounded another in self-defense. Prosecutors said the teen was attempting to cause trouble, armed with an AR-15-style rifle and incite attacks, thereby losing his right to defend himself.
The protests came 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 reflect deepening political and racial divisions
The judge blasts the media with stories of no verdict on mishandling
After receiving the jury’s initial question about viewing the video evidence, Schroeder commented on news stories noting that he had not ruled on wrongful motion on the part of the defense.
Rittenhouse’s attorneys questioned throughout the trial and again in writing about someone who is prejudiced against wrongdoing, 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 last week and attempted to present evidence that Schroeder did not authorize in the video. the court.
Binger said his comments only reflect that Rittenhouse can tailor his testimony to fit what he heard during the trial. The prosecutor said he thought Schroeder did not make a final judgment on the evidence he began presenting.
Schroeder reminded him last week, yelling at the prosecutor after kicking the jury out of the room.
More info on errant motion:A grand jury is considering the Kyle Rittenhouse case, but a false motion is still pending. What happens?
Schroeder said Wednesday that he had not read the motion wrong and had only heard part of the oral argument in court.
A story on the Milwaukee Journal Sentinel, part of the USA TODAY Network, includes comments from legal experts, who called the lack of judgment “odd”.
Keith Findley, a professor at the University of Wisconsin, said: ‘The only reason I can think of to wait is that he probably wants to give the jury a chance, so he doesn’t have to. do, but that’s my guess.” Law school.
“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 said of the comments in the Milwaukee Journal Sentinel story: “It is unfortunate that irresponsible statements have been made.
Schroeder also made other headlines about him during the trial, including that he allowed Rittenhouse to draw numbers for alternate jurors, a practice he said was common in his courtroom. himself and his decision not to allow those shot or killed by Rttenhouse to be called “victims. “
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 prosecutors must meet to prove each charge and whether Rittenhouse incited the shootings, as well as requirements that the defense must meet 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.
More about Schroeder:Judge Kyle Rittenhouse received his share of the criticism. Is it possible to remove a judge from a case? No possibility.
Schroeder said he has allowed defendants to make such a move for the past 20 years. While 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. .
Every first degree reckless endangerment of safety, involving the unidentified man and the Daily Caller reporter, is punishable by 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 waited to hear from the grand jury outside the courthouse on Tuesday. 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