Not so sure after the fuzzy drone video is admissable. Here is my take and opinio after watching the past 4 days....
1. First-degree reckless homicide, use of a dangerous weapon- 70/30 Not Guilty. Self Defense angle very effectively applied by Defense. I understand this charge has an element were subject by show disregard for life. If fuzzy wuzzy bullshit shot convinces that Kyle was the aggressor, he might have an issue. here. I am thinking probably not
2. First-degree recklessly endangering safety, use of a dangerous weapon- 50/50 on this one. I think this one might be the kicker, if the jury wants to make an example of Kyle. And this is the most worrisome charge to me.
3. First-degree intentional homicide, use of a dangerous weapon- 100/0 Not Guilty. Overwhelming evidence that Kyle did was defending himself. By Day 2, you can pretty much tell that the Prosecution had given up on this option.
4. Attempted first-degree intentional homicide, use of a dangerous weapon- 100/0 Not Guilty for same reason stated above.
5. First-degree recklessly endangering safety, use of a dangerous weapon- 60/40 Guilty- Thinking from an overall poltically middle like jury, I think the argument may be successful, of why an out of town kid would bring an AR-15 to a riot without some forethought it might be used. Again, not my opinion, but what the jury might be thinking.
6. Possession of a dangerous weapon by a person under 18-Pfffffff. If the prosecution is pushing this misdemeanor charge at closing, I am thinking they think they have lost the boat. If for some reason it is included... 100/0 Guilty, though I thought the prosecution made some good points, on the applicabilty aspects of this statute.
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7. Failure to comply with an emergency order from state or local government- 100/0 Guilty See Weapons possession above. If this goes to the jury with any priority , the prosecution is going to look sillier than they already have.
I know we have a few lawyers here, so let me know if I might be off on this prognostication. Again, just my take.
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What worries me is if the jury believes the drumbeat that the kid shouldn't have been there, that he brought his rifle looking for trouble AND a handful believe the fuzzy photo shows he was provoking the "protestors" --- then I'd move #s 1 and 2 to 100% guilty and #s 3 and 4 to 70/30 guilty.
I hope the defense doesn't spend a lot of time on Monday talking about pixels ---- I hope they hang that photo around the necks of the prosecution as the tampered evidence it is, dismiss it, and go on to review why the prosecution resorted to tampering evidence: Kyle Rittenhouse acted in self defense, and the prosecution knows it.
Oh, and remind the jury how Kyle came to care about this area, his roots to the city.
I can only imagine the effort the defense team will be putting in this weekend.
I hope they leave time to practice.
Lastly, as far as I'm concerned, the prosecution team can just keep drinking.
(I haven't a clue how the threats of personal and civil violence will factor in --- )