Kyle Rittenhouse Jury Selected – Trial Begins Tuesday

[DB]

@Right_in_Virginia

BTW, if I haven't said so before, thank you so much for posting all of this information for the rest of us.  Your time and efforts are most appreciated!

I'll second that.

[deb]

@Right_in_Virginia

BTW, if I haven't said so before, thank you so much for posting all of this information for the rest of us.  Your time and efforts are most appreciated!

Ditto.

[txradioguy]

Dear ADA Binger…better to have a gun and not need it, than need a gun and not have it!!!

[Polly Ticks]

https://twitter.com/justinbaragona/status/1458517562107564036

[skeeter]

https://twitter.com/justinbaragona/status/1458517562107564036

Thats it then - mistrial: the judge loves his country.

[txradioguy]

I'm sorry if someone says they're coming at me and they are going to kill me I take them at their word.

[skeeter]

This DA fauxhawk is a real dumbass.

[catfish1957]

Still wondering while Kyle took the stand.  That sleaze bag prosecutor is landing a few blows that could have been avoided.

[skeeter]

Still wondering while Kyle took the stand.  That sleaze bag prosecutor is landing a few blows that could have been avoided.

Agree the kid would've been better off not offering himself as a target but I dunno how effective these blows are - 'Mr Huber didn't have a gun or a club, he was only holding a skateboard when you shot him' isn't gonna fool too many jurors. 'Why wouldn't Mr Grosskreutz consider you as much a threat to him as you considered him to you' was my particular favorite.

[mountaineer]

Still wondering while Kyle took the stand.  That sleaze bag prosecutor is landing a few blows that could have been avoided.

I pondered that, but when you're offering self-defense, you pretty much have to explain your side of things and, thus, testify. Of course, in this case, the video evidence establishes self-defense pretty loud and clear.

[deb]

I watch Kyle and wonder how a 17 year old lives his life, knowing that he’s killed a man. I believe it was self-defense, but that’s still a huge burden for a young man.

[catfish1957]

I pondered that, but when you're offering self-defense, you pretty much have to explain your side of things and, thus, testify. Of course, in this case, the video evidence establishes self-defense pretty loud and clear.

Epic sleaze tactic taking one single milli-second frame and trying to encapsulate the whole 3rd shooting as his provocation, even while sitting on his butt.  Desperate Hail Mary, that I hope didn't sway any jurors.

[Cyber Liberty]

[mountaineer]

Chrissie Mayr - Little Rock 12/13
@ChrissieMayr

Binger: If you are so passionate about helping people, why weren’t you there on September 11th to help?
Kyle: I wasn’t born yet
Binger: Exactly

3:09 PM · Nov 10, 2021·


  This prosecutor is a freakin' idiot.

[skeeter]

I watch Kyle and wonder how a 17 year old lives his life, knowing that he’s killed a man. I believe it was self-defense, but that’s still a huge burden for a young man.

It would be hard, but I would keep a copy of each of their rap sheets to read each time I began feeling guilty.

[Right_in_Virginia]

https://mobile.twitter.com/ScottAdamsSays/status/1458494174940958726

[Right_in_Virginia]

https://mobile.twitter.com/AF632/status/1458571214796967940

[Right_in_Virginia]

https://mobile.twitter.com/sarahbeth345/status/1458593872557133825

[Right_in_Virginia]

https://mobile.twitter.com/JackPosobiec/status/1458622071429292036

[Elderberry]

Rittenhouse Trial Day 7: Kyle Survives Abusive Cross-Examination

https://legalinsurrection.com/2021/11/rittenhouse-trial-day-7-kyle-survives-abusive-3-hour-cross-examination/

Judge lashes out at lead prosecutor for commenting on Kyle’s post arrest silence and trying to introduce evidence the judge previously barred. Defense use-of-force expert Dr. Black to testify tomorrow, day 8 of trial

Today the trial heard testimony from the defendant himself, Kyle Rittenhouse—a high-stakes bet by the defense, and one that always has risk of snatching defeat from the jaws of victory.

This is a rare trial in which the defendant is relatively pristine, however, and where the little possibly negative evidence available has already been ruled inadmissible by the judge which somewhat moderates the risk.  In addition, there were some important points of evidence that I know it was beneficial for the defense to have made clearer and more concrete to the jury.

Moderation is not elimination of risk, however, and any time you submit your client to several hours of cross at the hands of an experienced, and arguably unprincipled, prosecutor, you can be sure that the client will take some solid hits.

All of that happened in today’s direct examination by the Defense Counsel Mark Richards, and cross-examination by ADA Binger.

Defense Submits Motion for Mistrial with Prejudice

I’ll note up front that the biggest drama of the day came in the first part of cross-examination of Kyle by ADA Binger, who skated perilously close to have the defense awarded a clean victory—an order by the judge to declare a mistrial, and with prejudice.  And he may win that “prize” yet, as the defense has, in fact, submitted a motion for a mistrial with prejudice:

Binger Attempts to Talk Self Out of 5th Amendment Blunder

One of the things that got ADA Binger in hot water with Judge Schroeder this morning was his referring several times on cross-examination of Kyle that the 17-year-old had not previously sought to explain the events of that night—improperly referencing in front of the jury Kyle’s exercise of his 5th Amendment rights.

Now, ADA Binger attempted to talk away his having commented on the defendant’s exercise of his right to silence in front of the jury.  Binger did his usual blah, blah, blah word sound thing, where he says a great deal, much of it repetitive, most of which is either pointless, or apparently intended to deceive.

Binger Attempts to Talk Way Out of CVS Video Blunder

Another step this morning by ADA Binder that angered Judge Schroeder tremendously was Binger’s apparent intent to bring up the infamous CVS video in front of the jury.

The CVS video involves Kyle sitting in a car with someone while they watch an apparent shoplifting or robbery take place at a CVS across the street. Kyle says that he wished had his AR, he’d sound rounds in the criminal’s direction.  He did not have his gun with him, he obviously fired no rounds, he did not engage the criminal in any way—it was the chatter of a 17-year-old boy. All Kyle actually did was call 911 to report the event to police.

Binger Tries to Get “Free as F” T-shirt into Evidence

Not one to ever give up, however, Binger no tried to get the judge to admit into evidence a photo of Kyle wearing a T-shirt that read “Free as F***” on the front.  This was the shirt Kyle was wearing when he took photos at a local bar with some people who would later be characterized as “boogaloo boys.”

Judge Schroeder had ruled pre-trial that pictures generally from that encounter would not be admissible as evidence, because it could have amounted to no more than character evidence.

The Risks of Having Kyle Testify

It’s almost invariably a bad idea to put one’s client on the witness stand in a criminal prosecution, mostly for three reasons.

First, most criminal defendants are, in fact guilty. In fact, they are guilty not only of whatever the current charge is, but of a lifetime of criminal activity, arrests, and convictions.  It must be assumed that all of that bad history will come out on cross-examination, and that is obviously devastating to the defense.

Second, even innocent clients often have facets of their lives that can misrepresented to make the client look bad in some way.  Have a confederate themes ice cooler from the 1980s on that shelf in your garage—well, in 2010 that makes you a racist.  You can see how that would go.

Third, even if that’s not a problem, many clients are not quite as intelligent and controlled as their attorneys might like them to be, making them easy prey for prosecutors that will sneer and deride the defendant under cross-examination, twist every answer into as evil a statement as possible, and through their own questions attempt to infuse into the jury a negative sense of the defendant.

Direct Examination of Kyle Rittenhouse

The direct questioning of Kyle was done by defense counsel Mark Richards, and the announcement certainly sent shockwaves through the community watching this trial.

As one would hope, everything in Kyle’s direct testimony was thoroughly consistent with his core legal defense of self-defense, from the very first minutes when Richards asked “Would you have shot Rosenbaum if he hadn’t chased you and fought for your firearm,” and Kyle answered, “No.”

The defense also sought to fill in some holes and buttress some weak spots and negative suggestions that Binder had made earlier in the trial.

Richards had Kyle describe his many associations with Kenosha, including working in the city, his father living there, and much of his extended family living there, as well.

Cross-Examination of Kyle by ADA Thomas Binger

And that brings us to the cross-examination of Kyle by ADA Binger, which totaled over three hours in duration.  It was during this start of cross-examination that Binger so thoroughly stepped over the line, as we documented in our mid-day post, linked up above, so I won’t repeat that all here.

I will note, in overview, that the more than hours of cross-examination yielded essentially nothing relevant to any element of Kyle’s core legal defense of self-defense, and certainly no evidence that could to any degree of legal certainty be expected to disprove any one of those elements of self-defense beyond a reasonable doubt–which is, of course, precisely the burden the prosecution must carry to achieve a conviction, at least on any of the felony charges in this case.

Much more at link.

[sneakypete]

I always thought it was a crime to manipulate jurors or threaten them into a verdict???????????

@LMAO

Only if you are white.


 

[sneakypete]

Either way, he should be up on charges.

@Smokin Joe

Uza racist,'n shit!

[sneakypete]

Who is going to charge him?

Nothing is going to happen to him and he knows it

@LMAO

Not true. He's going to end up with a recording contract to pump out some rap crap,and chances are he will soon be a celebirty and untouchable.

[sneakypete]

That prosecutor needs to immediately be fired for KNOWINGLY suborning perjured testimony.

He then needs to be brought up on aiding and abetting perjury charges,and if found guilty,lose his law license and serve some hard time.

That is what would happen to any of us if we had tried to do what he did and got caught.

[skeeter]

That prosecutor needs to immediately be fired for KNOWINGLY suborning perjured testimony.

He then needs to be brought up on aiding and abetting perjury charges,and if found guilty,lose his law license and serve some hard time.

That is what would happen to any of us if we had tried to do what he did and got caught.

The boys in the Graybar Hotel will LOVE that sweet fauxhawk of his.