In Tense Hearing, Kyle Rittenhouse Defense Convinces Judge to Throw Out Significant Portions of the

[Elderberry]

Law & Crime by Colin Kalmbacher Sep 17th, 2021

In Tense Hearing, Kyle Rittenhouse Defense Convinces Judge to Throw Out Significant Portions of the Goverment’s Case

It was an all-but ugly day in court for the prosecutors hoping to put Kenosha shooter Kyle Rittenhouse behind bars on six counts, including murder. During a lengthy evidentiary hearing, the defense scored victory after victory while the government was increasingly frustrated at the judge’s rulings in favor of the defendant.

Assistant District Attorney Thomas C. Binger argued that the defendant is a “teenage vigilante” — and a “violent vigilante” at that. But that was precisely the problem with the state’s evidence, according to Kenosha County Judge Bruce Schroeder.

The government quickly lost two motions to introduce two pieces of evidence outright. The first piece of evidence showed that Rittenhouse attacked a woman who was involved in an altercation with his sister in June 2020. The second showed that Rittenhouse has various affiliations with the far-right Proud Boys organization.

In both instances, the judge ruled that the government’s offered evidence would be far more prejudicial than it was worth.

“I would be reversed,” Schroeder said — anticipating an appellate court’s decision about the merits of such evidence.

More: https://lawandcrime.com/live-trials/live-trials-current/kyle-rittenhouse/in-tense-hearing-kyle-rittenhouse-defense-convinces-judge-to-throw-out-significant-portions-of-the-goverments-case/

[Smokin Joe]

Near the end of the article:

Near the end of the hearing, amidst a detailed back-and-forth discussion about who began the chase that turned deadly on the night in question, the government revealed they have a video from an “FBI” aircraft that shows Rittenhouse initiating hostilities against Joseph Rosenbaum. The defense said they hadn’t seen that evidence before.

If the government had aircraft over the Kenosha riots, where are the indictments? Where are the people up on charges for looting and burning in Kenosha? Or is that only to be used against people there to defend businesses and property? Or do they say that Rittenhouse instigated hostilities by putting out a dumpster the rioters had ignited and were going to push into a building?

[PeteS in CA]

So the prosecution revealed they had withheld evidence from Rittenhouse's defense? Exclude it and sanction the prosecution team.

[Bigun]

So the prosecution revealed they had withheld evidence from Rittenhouse's defense? Exclude it and sanction the prosecution team.

  By all means!

[PeteS in CA]

Prosecutors who withhold evidence or play timing games with discovery need to receive consequences, as personally as practical.

[Cyber Liberty]

Prosecutors who withhold evidence or play timing games with discovery need to receive consequences, as personally as practical.

I suppose that kicks in when Discovery is concluded.  Had it been?  Otherwise, the Prosecutor can always claim "I was going to release it."

[Cyber Liberty]

"Tense."  LOL!  Yeah, the Prosecutor wants to avoid a riot by jailing an innocent white kid, and he's watching the case slip through his fingers.

TFB.  Try following the law instead of preventing riots.

[Smokin Joe]

"Tense."  LOL!  Yeah, the Prosecutor wants to avoid a riot by jailing an innocent white kid, and he's watching the case slip through his fingers.

TFB.  Try following the law instead of preventing riots.

If they really wanted to prevent riots, they'd throw the book at the rioters, not people who were there trying to protect others' property and livelihoods who got attacked by the mob.