Legal Ressurection by Andrew Branca November 1, 2021
Live coverage of the entire trial at Legal Insurrection.UPDATE: Between when I started writing this post and when it was published, media reports are that individual voir dire completed today off-camera, and opening statements will happen tomorrow morning!
Highlights of today’s voir dire include:
• The defense voir dire suggesting that Kyle Rittenhouse might testify at trial
• Judge Schroeder contextualizing juror security concerns by noting that even judges hardly ever get assassinated
• A juror excused because Second Amendment beliefs would not allow impartiality
• A juror excused because hatred of AR rifles would not allow impartiality
• A juror excused because she understood “Thou shalt not kill” to be literal
• Judge Schroeder instructing jurors on “semi-automatic” versus “machine gun”
• And much, much more! So let’s dive right in!
Rittenhouse Jury Selection ProcessTrial Judge Bruce Schroeder has decided that he wants to end up with a seated jury of 20, to include 12 jurors who will deliberate a verdict, and 8 alternates. Which specific jurors are alternates will not be determined until just before deliberations.
Judge Schroeder has also allowed each side to have 7 peremptory strikes, for a total of 14 strikes.
So, the Judge is looking to put together a group of 34 “qualified” jurors from which 14 can be struck, leaving the goal of 20 jurors to be seated.
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Outlining the Charges and General Narrative of EventsJudge Schroeder welcomed the prospective jurors, actually starting the day with an impromptu game of Jeopardy as everybody got settled.
He then named the defendant, Kyle Rittenhouse, and read out the charges against him, with a brief factual description of each, carefully noting that each was at present merely an allegation by the state. These charges consisted of the six criminal charges I overviewed and analyzed in yesterday’s post (“Rittenhouse Trial: What to Expect As Trial Starts Monday”), with an additional seventh charge of violating curfew—this last charge, however, appears non-criminal in nature, as the state is required to prove it only be clear and convincing evidence. Each criminal charge must, of course, be proven beyond a reasonable doubt, or the jury is obliged to acquit on that charge.
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Judge Schroeder Repeatedly References FoundersBefore beginning general voir dire, Judge Schroeder had some introductory remarks for the jury about the importance of jury selection, as is commonly the case at the start of jury selection. Perhaps less commonly, Schroeder went beyond the typical “it’s a civic duty” spiel, to also specifically reference the Founding Fathers, as well as ancient Greek and Roman history, as well as the period we used to refer to as the Dark Ages when I was a schoolkid.
Judge Schroeder noted that the Founders were very specific about putting a right to a jury trial in the Constitution, and not merely any jury but a fair and impartial jury of one’s peers. He also noted that the Founders risked everything in doing so, including their lives, their fortunes, and their sacred Honor, quoting from the Declaration of Independence.
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General Voir Dire & Witness ListsMany Prospective Jurors Had Formed an Opinion on Guilt------
Might Kyle Testify In His Own Behalf?Interestingly, Chirafisi also asked the prospective jurors whether, should Kyle choose to testify, that they would find his testimony less credible simply because he was charged in this case? No one in the group said they would, which is not surprising. What is surprising is the question itself—because it suggests that the defense is holding open the option that Kyle himself may take the witness stand and testify in his own behalf, always a high-risk gambit.
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TOMORROW: More LIVE Coverage of the Trial ProceedingsRememberYou carry a gun so you’re hard to kill.
Know the law so you’re hard to convict.
Stay safe!
–Andrew
Attorney Andrew F. Branca
Law of Self Defense LLC
More:
https://legalinsurrection.com/2021/11/rittenhouse-jury-selection-day-1-defense-hints-that-kyle-might-testify/
