Kyle Rittenhouse trial: Prosecution says teen caused deadly shooting, while defense says he feared for his life
Prosecutor Thomas Binger said: “That’s what provoked the whole case. “When the defendant provoked this episode, he lost his right to defend himself. You can’t claim defense against a risk you created.”
In response, defense attorney Mark Richards said Rittenhouse did not act recklessly when he shot and killed Rosenbaum, who Richards alleges threatened him, chased him, threw a plastic bag at him and lunged at him with a gun. his.
Richards said: “When my client shot Joseph Rosenbaum, he was afraid for his life. He was scared because of his previous threats, previous statements and violent behavior by the client. mine witnessed”.
“I did nothing wrong. I defended myself,” he testified.
Schroeder also read a set of legal instructions to jurors and informed them that they would be allowed to consider lesser charges for two of the five counts.
The trial featured more than a dozen videos from the night of August 25, 2020, showing what happened before, during and after the shooting. Most of the facts about what happened that night are not up for debate – rather, the focus of the trial was on analyzing Rittenhouse’s actions and whether they could be considered “reasonable”. .
The prosecutor said that the case is more about life than property
Binger’s closing argument begins by noting that the trial is not about politics, or looting, or riots – but rather how life is more important than property.
“I think we can also agree that we shouldn’t have 17-year-olds running around on the streets with AR-15s, because this is exactly what is going to happen,” he said.
Using several videos, Binger skimmed through the events of that night, from Rittenhouse’s decision to enter downtown, to the shooting of Rosenbaum, to a second series of shootings while he tried to flee. Jurors took notice of the series of videos and photos, according to a pool reporter in court.
Binger argued that Rittenhouse provoked Rosenbaum by pointing a weapon at him before the man pursued him. Prosecutors rejected Rittenhouse’s “cockamamie theory” that Rosenbaum – who had nothing in his hand when he was shot – would take the teenager’s gun and kill someone else.
“They have to convince you that Joseph Rosenbaum is going to take that gun and use it on the defendant because they know you can’t defend yourself against an unarmed man like this,” he said. “You lose the right to defend yourself when you’re the one carrying the gun, when you’re the one creating the danger, when you’re the one provoking others.”
In the second shooting, crowds of people confronted Rittenhouse because they believed he was an active shooter, Binger said.
“That crowd was right. That crowd was full of heroes. That crowd did something that, to be honest, I’m not sure I would have the courage to do it,” he said.
Meanwhile, Rittenhouse acted recklessly by fully arming his armor-piercing metal vest and being ignorant of the weapon and the consequences of his actions, Binger argued.
“In the witness stand, he cried about himself, not about anyone he hurt that night,” he said. “No regrets, don’t care about anyone else.”
Defense says ‘active shooter’ loaded with phrase
In the defense’s final argument, Richards considered the testimony of each witness and sought to establish reasonable suspicion that his client had committed a crime.
He said he had no doubt Rosenbaum – whom he called “irrational and insane” – would shoot Rittenhouse if he obtained the teenager’s weapon.
“My client didn’t shoot anyone until he was chased and cornered,” says Richards.
The second shooting occurred when Rittenhouse fell and was attacked by a “crowd,” Richards said. Lawyers who rejected the prosecution called him an “active shooter.”
“Kyle is not an active shooter. It’s a buzzword the state wants to capture because it justifies the action of that mob,” he said.
On top of that, Richards emphasized that Rittenhouse didn’t have to take a stand at all but did so to tell jurors about his experience that night, Richards said.
“We wanted to give you that side of our story. We have nothing to hide,” he said.
Rittenhouse, who lives in nearby Antioch, Illinois, works as a lifeguard near Kenosha, and his father lives in the city. Richards argued that the teenager had no master plan to incite violence and simply wanted to help the people of Kenosha that night.
“When he came down here, do we believe he was working to clean up the graffiti, not getting paid because he was here looking for trouble? Was it all just some sort of master plan? What? It’s ridiculous. He came down here, trying to help see the damage. That’s what he did,” he said.
Judge dismisses weapons charges
However, Rittenhouse was charged with first-degree reckless murder in Rosenbaum’s death, first-degree reckless endangering of Richard McGinnis, and first-degree reckless attempt at endangering an unknown person. count was determined in court as “jump kick man.”
He was also charged with willful first-degree murder while using a dangerous weapon to kill Huber. It is the harshest charge Rittenhouse has faced and the only one that carries a mandatory life sentence.
Judge Schroeder issued jurors’ instructions on Monday to lessers including second-degree intentional murder and first-degree reckless murder in Huber’s death. Both lesser offenses carry a penalty of up to 60 years in prison.
For shooting Grosskreutz, Rittenhouse was charged with first-degree murder, which carries a penalty of up to 60 years in prison. Schroeder also offers guidance to jurors on lesser counts of recklessly endangering second-degree or first-degree murder.
The instructions to the jury on Monday lasted more than an hour. Schroeder paused midway to discuss them further with the attorneys and note how complicated they were.
“They’re definitely right in what they say, I just think they’re not clear,” he said.
During a meeting on Friday about jury instructions, the judge told Rittenhouse that presenting lesser offenses to a jury reduces the likelihood of a second trial but increases the risk of conviction. If the prosecution could not determine Rittenhouse’s charge of the charge beyond a reasonable doubt, Schroeder explained, the jury must acquit him.
Upcoming discussions will be closely watched locally. Wisconsin Governor Tony Evers announced 500 National Guard troops were stationed outside Kenosha, ahead of the verdict.
Steve Almasy, Aya Elamroussi, Mike Hayes and Amir Vera of CNN contributed to this report.
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