Legal Insurrection by Andrew Branca October 9, 2021
Hey folks,
Today I’d like to share with you my legal analysis/explanation of the Kyle Rittenhouse pre-trial evidentiary hearing that took place on September 17, 2021.
This case, of course, involves Kyle Rittenhouse’s use of force upon three individuals on August 25, 2020, during riots in Kenosha WI (as well as purportedly reckless conduct with respect to other bystanders that same night). Two of those individuals would die as a result (Joseph Rosenbaum and Anthony Huber), and the third would suffer serious bodily injury (Gabe Grosskruetz).
Rittenhouse, who was 17 years old at the time of these events, would eventually be charged with five felonies, including 1st degree intentional homicide (re: Joseph Rosenbaum), 1st degree reckless homicide. (re: Anthony Huber), attempted 1st degree intentional homicide (re: Gaige Grosskreutz), and two counts of recklessly endangering safety (re: other bystanders in the vicinity). Less importantly, Rittenhouse was also charged with unlawful possession of a weapon (a misdemeanor offense), and failure to comply with the curfew order in effect the night of these events (a fineable offense).
Rittenhouse’s criminal trial on these charges is scheduled to begin on Monday, November 1, 2021. And thanks to the kind sponsorship of Legal Insurrection, we’ll be here live.
TRANSCRIPT OF SEPT. 17, 2021 HEARING
https://www.scribd.com/document/527335249/Kyle-Rittenhouse-Hearing-210917-Transcript#download&from_embedVIDEO OF SEPT. 17, 2021 HEARING (at link.)
This case, of course, involves Kyle Rittenhouse’s use of force upon three individuals on August 25, 2020, during riots in Kenosha WI (as well as purportedly reckless conduct with respect to other bystanders that same night). Two of those individuals would die as a result (Joseph Rosenbaum and Anthony Huber), and the third would suffer serious bodily injury (Gabe Grosskruetz).
Rittenhouse, who was 17 years old at the time of these events, would eventually be charged with five felonies, including 1st degree intentional homicide (re: Joseph Rosenbaum), 1st degree reckless homicide. (re: Anthony Huber), attempted 1st degree intentional homicide (re: Gaige Grosskreutz), and two counts of recklessly endangering safety (re: other bystanders in the vicinity). Less importantly, Rittenhouse was also charged with unlawful possession of a weapon (a misdemeanor offense), and failure to comply with the curfew order in effect the night of these events (a fineable offense).
Rittenhouse’s criminal trial on these charges is scheduled to begin on Monday, November 1, 2021.
Purpose of This Hearing
This primary purpose of this pre-trial hearing was to address certain bits of evidence that the prosecution, on the one hand, and the defense, on the other, wanted ruled admissible for presentation before the jury at trial. A key role of a trial court is to act as a gate keeper on what evidence a jury will be (or will not be) permitted to see at trial. (The court also addressed a few ancillary, non-evidentiary matters in this hearing, usually without final decision, simply pushing the ball forward to a future date and decision.)
In our adversarial legal system it is common for one side to propose evidence to which the other side objects, and they are provided an opportunity to argue their respective sides in front of the hearing judge before that evidence is ever made available (or not) to a jury. That hearing judge then makes the decision on whether the proposed evidence will be admissible in its entirety, will be admissible in some limited context or form, or will be inadmissible.
While it is theoretically possible for the losing side to appeal that decision of the hearing judge to a higher level court, for practical purposes these decisions by the judge are final absent a clear abuse of discretion (a threshold almost never achieved). So, as a practical matter, the ruling of the judge in these evidentiary hearings is it—so you’d best make your best argument right then.
More:
https://legalinsurrection.com/2021/10/analysis-kyle-rittenhouse-9-17-21-evidentiary-hearing-rulings/
