Rittenhouse Jury Instructions Include One That Could Be a Big Problem for the Defense
By Nick Arama | Nov 14, 2021 11:45 PM ET
The judge in the Rittenhouse case has made some decisions in regard to the jury instructions that could have a critical impact on the case.
First, the prosecution asked the judge to include a reading of some lesser charges to the jury during his jury instructions on Monday. While it’s normal for the prosecution to ask for such a reading, it’s also an indication in this case that they believe that they have problems in their case and so are trying to get a conviction even if it isn’t on the top charges that they originally charged.
Rittenhouse has been charged with a count of first-degree reckless homicide, use of a dangerous weapon (for the shooting of Joseph Rosenbaum); first-degree intentional homicide, use of a dangerous weapon (for the shooting of Anthony Huber); two counts of first-degree recklessly endangering safety, use of a dangerous weapon (for allegedly endangering two others while shooting, reporter Richie McGinniss and the man who kicked Rittenhouse in the head); one count of attempted first-degree intentional homicide (in the shooting of Gaige Grosskreutz) and possession of a dangerous weapon by a person under 18.
The prosecutor asked to add a second-degree reckless homicide charge in the case of Joseph Rosenbaum. This would not require prosecutors to prove that Rittenhouse had shown an utter disregard for human life, which is required in the first-degree count. The defense objected and Schroeder said that he wasn’t likely to allow that because he thought if there was a guilty verdict on that it would be overturned on appeal.
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https://redstate.com/nick-arama/2021/11/14/rittenhouse-jury-instructions-include-one-that-could-be-a-big-problem-for-the-defense-n474937