First up is a motion of reconsideration that the defense filed last week. #RittenhouseTrial
The defense filed this motion for reconsideration in regards to dropping the gun charge.
The judge said he got the motion late last week and that he's not ready to rule on it.
The defense says it doesn't believe that just because he was under 18 and had a gun, he's guilty.
The judge said he will fully instruct the jury on those charges at a later point.
(The jury isn't in the courtroom yet while they discuss this motion) #RittenhouseTrial
#KyleRittenhouse has been yawning quite a bit this morning. He’s seated next to attorney Corey Chirafisi in the courtroom.
They’re still discussing some of the jury instruction language when it comes to self defense
He's yawned quite a bit this morning as his attorney argues with the judge regarding some language in the jury instruction.
ADA Thomas Binger said someone setting up A/V equipment walked past one of the jurors. The juror and the man who set up A/V equipment had a previous employment relationship.
Judge Schroeder said he doesn't think that affects her ability to serve on the jury.
Instructions are typical for any trial so far.
- Don't research the case outside the courtroom
- Only use the evidence presented in court as fact when making decision
- Don't start deliberating yet
- Don't share info about the case on or offline #KyleRittenhouseTrial
Judge Schroeder is now explaining the charges against #KyleRittenhouse to the jury, including but not limited to:
There are other charges, including reckless endangerment of Richard McGinnis, the reporter with the Daily Caller, who recorded Rittenhouse shooting Joseph Rosenbaum.
McGinnis told investigators he was in the line of fire when Rittenhouse shot Rosenbaum. #RittenhouseTrial
Judge Schroeder just mentioned that Opening Statements are about to begin, and it's not called an "Opening Argument" as they sometime say in law dramas on TV.
Assistant District Attorney Thomas Binger is giving his opening statement in his case against #KyleRittenhouse
10:18 a.m. central
Binger says evidence will show that #KyleRittenhouse shot Joseph Rosenbaum in the back with an AR15, before running away.
Explains how Rittenhouse trips and falls, and shoots, doesn't hit anyone.
Explains how Anthony Huber comes at him with a skateboard, and is fatally shot
Now explaining how Gaige Grosskruetz approaches with a handgun, reaches for #Rittenhouse with his free hand, and Rittenhouse shoots Grosskruetz in the arm.
"He killed two unarmed people, shot at a third at very close range" and wounded another. #RittenhouseTrial
"One of the things we all agreed on yesterday is that life is more important than property." -- Binger, to the jury in regards to the property damage left behind during the protests in Kenosha, which brought #Rittenhouse and others to the city.
Binger: The evidence will show the only person who shot and killed anyone during those protests was the defendant, #KyleRittenhouse
“We’re not asking you to solve a mastery in this case. But here, there’s no doubt. There will be no dispute in this record” that #Rittenhouse had the gun, fired 8 rounds, killed 2 and injured 1. -- Binger #RittenhouseTrial
Says Rittenhouse used deadly force that night.
#KyleRittenhouse has been rather stoic as Binger presents the details of the case to the jury.
He's been watching Binger, occasionally looks around the room, has hard blinked a couple of times.
Binger is now explaining how #Rittenhouse got the gun.
He got his AR-15 from Dominick Black, who was dating #KyleRittenhouse's sister. Black bought the gun for him and kept him at his dad's house.
Says once police moved the crowd further down the road, the evidence shows there was no threat to the buisness.
Said instead, evidence shows Rittenhouse didn't stay at that business, but rather walked in the midst of the hostile protesters down to the gas station, where Joseph Rosenbaum was.
Explains how Rosenbaum was being confrontational, but no one shot him or considered him a danger
Binger is laying out the full timeline right now of the events of August 25, 2020 in detail.
He's telling the jury who they'll hear from, what video they'll see, including from the FBI who were in a plane recording events with infrared cameras.
Binger said Doug Kelley, Deputy Chief Medical Examiner for MKE County will testify.
Said Kelley will explain how Joseph Rosenbaum was injured 5 times from four shots.
First two -- right pelvis, left thigh.
Rosenbaum fell face.
Second two - - in the back. #RittenhouseTrial
Binger said despite Rittenhouse saying he was there to be an EMT, he doesn't provide any medical aid to Rosenbaum. He called Black, who bought him the gun, and said he just shot someone.
Court is on a quick recess, as Binger wraps up 33 minute opening statement.
He laid out the timeline of the events from that that night, and told the jury some of the witnesses they'll hear from.
Stressed #KyleRittenhouse was the only one who shot and killed that night.
Court is back in session. Defense is explaining some items they want to show (During opening statements?) that have not yet been submitted into evidence -- mostly photographs.
Mark Richards, #KyleRittenhouse's lead defense attorney, presented a bunch of evidence to the judge that he wants to present during his opening statement.
Binger said that is not a summary of his case, and he should not be presenting evidence. Said that's up to the witnesses
There were about 40 pieces of evidence presented by Richards.
Binger asked why even use witnesses if the opening statement shows all the evidence.
He objected.
The judge denied the objection, but said opening statements needs to be brief. #RittenhouseTrial
Richards said he won't take longer than the prosecution. #RittenhouseTrial
Binger wants the court to re-affirm what is/isn't allowed to discuss when it comes to Rosenbaum's unrelated criminal case, his mental state, etc.
During his opening statement, Binger said Rosenbaum had a hospital bag with him. (cont)
Binger also said during opening statement that Rosenbaum couldn't stay at his girlfriend's (didn't mention the court order)
But defense thinks that now allows them to discuss all of that.
Judge doesn't think the defense needs to address the hospital in opening statement
Said he is not sure if he needs to discuss why Rosenbaum was in the hospital.
He was in a mental hospital after a suicide attempt. Judge isn't allowing that discussion in defense's opening statement
11:46 -- Lead defense attorney Mark Richards is beginning his opening statement.
Says he and the defense have very different ideas on what happened that night. #RittenhouseTrial
Richards: Evidence will show that Kyle Rittenhouse had strong ties to Kenosha. Father lived here, Kyle worked at RecPlex in Pleasant Prairie as a life guard. #RittenhouseTrial
Richards: "It isn’t a whodunnit, it’s 'was Kyle Rittenhouse’s action privileged under the law of self defense.'" #KyleRittenhouse
Richards, quoting Rosenbaum seen in video, saying "shoot me n*****" is showing those photographs and some video to the jury.
We do not see the photographs being shown to the jury.
Richards just called Gaige Grosskreutz, who was shot and injured by #KyleRittenhouse a "victim" but corrected himself.
The judge is not allowing them to be called 'victims' #RittenhouseTrial
Richards tells the jury he wished he had the skateboard Anthony Huber used to hit Rittenhouse with, to show the weight of it.
Binger objected to this argument in the opening statement but is overruled.
Richards said Huber's girlfriend, Hannah, didn't turn the skateboard over
#KyleRittenhouse and defense attorney Corey Chirafisi look at their monitor as lead defense attorney Mark Richards shows a video to the jury during opening statements #RittenhouseTrial
Richards: When Rosenbaum is shot, there was a gunshot behind Kyle Rittenhouse. Rosenbaum isn’t deterred when Rittenhouse turns toward him w/ gun. Rosenbaum is wearing the shirt over his face to hide identity, so he can take Rittenhouse’s gun to kill Rittenhouse. #RittenhouseTrial
For what it's worth, #KyleRittenhouse will testify in his trial - as noted by defense attorney Mark Richards during opening statement.
Detective Martin Howard with the Kenosha Police Department is back on the stand.
He said that night, before #Rittenhouse turned himself in to the Antioch PD, there were photos on social media of him as the suspect, but didn't know him by name. #RittenhouseTrial
Howard: Said Rittenhouse had a half inch scratch on eyebrow, cut on lip, scratch near left collarbone, redness on belly button, 2 inch scratch on left forearm, redness on right forearm, right thumb, scratch on left side shoulder blade, two bumps on back of head #RittenhouseTrial
The state is calling Dominick Black to the witness stand. #Rittenhouse trial
Dominick Black has taken the stand. He dated Rittenhouse’s sister.
He bought the gun #KyleRittenhouse the AR-15 used on August 25, 2020.
Rittenhouse was 17 and not legally allowed to own that gun. It stayed at Black’s dad’s house. #RittenhouseTrial
Black said he didn’t want to buy it since he was 17, and they agreed he wouldn’t possess it till he was 18. So it stayed at Black’s dad’s. The gun was legally registered to Black, paid for by Kyle Rittenhouse. #RittenhouseTrial
@SpectrumNews1WI The judge is playing his Jeopardy game (reading trivia questions from his tear-off calendar) with the jury while the state and the defense make their strikes.
Unfortunately, for this game, there is no Double Jeopardy in court...