Thread by @sierragillespie

The judge calls for the jury to re-enter. Court is officially back in session. Detective Howard is back on the stand.

Howard says he saw photos of Rittenhouse on social media following the shooting. He confirmed Rittenhouse turned himself in to the Antioch Police Department (in Illinois). Howard also testified that Rittenhouse spoke with him and detailed some injuries he had sustained.

Howard says he went to the scene of the shootings and recovered shell casings. He says the location of the casings coincided with the location of Joseph Rosenbaum's shooting that he had seen via social media videos.

Richards objects that the audio of this video is played. The video is from the news source "The Rundown Live" from the night of the shooting. Binger asks the judge twice to approach the bench, to which he is denied.

Judge: If there is descriptive material, then [Richards] is entitled to confront the speaker.
Binger: There is not descriptive material, Your Honor.

Judge Schroeder disagrees, saying that there have already been editorializations made in the video. Binger agrees to play the video without audio, except for interactions with the defendant, Kyle Rittenhouse.

Judge Schroeder is now discussing the "murkiness" of evidence, hearsay, etc. and describing that to the jury.

Judge Schroeder brings up the trial of St. Paul, of the Christian Bible.
"[Paul] said, 'Where are the witnesses against me? I am a Roman, and have a right to have the accusers before me.'"
The Judge says this is an ancient rule that is still used strictly by the courts.

Essentially, Judge Schroeder says the audio cannot be played because the speaker is not in the courtroom, and thus not available for cross-examination.

Binger continues on, agreeing to play the video without sound, except when the defendant is speaking.

"I'm Kyle, by the way," Rittenhouse is heard saying during the video.
Rittenhouse is pictured on the right in this video.

Rittenhouse can also be seen in this video holding a weapon.

The narrator of the video continually refers to Rittenhouse and the others around him as "militia members."

Binger clarifies that the person on the right side of this video, with the lighter colored shirt, is Dominick Black, who was the first witness called by the prosecution.

Binger points out Ryan Balch in the video.

I think it's safe to say that social media videos, photos and livestreams play a large role in this trial. We've already seen dozens of photos and several live streams from the night of August 25, 2020.

Richards objects again.

Richards: It's the same as the earlier objection. If he wants to show the defendant, that's fine.
Binger: The problem is, there are portions of this video that don't include the defendant but they describe the scene.
Judge: That's hearsay!

Judge Schroeder orders the jury out of the room.

The judge explains he is trying to avoid sidebars so that any discussions can be kept on the record for the Court of Appeals. He says the discussion will go more in-depth now that the jury is removed.

Judge Schroeder says he's heard a lot of things in the media, specifically how he has "messed up" the Mark Jensen case. "Actually, I had it 100% correct in the first place," he said.

Judge: The case has again been reversed, because of the evidence the Supreme Court told me to admit. I don't want to mess around with confrontation issues. I can't let you admit evidence into the record, that is barred by the confidential rule.

Binger argues that the voiceover in the video is not testimonial. He argues that it goes to the defendant's state of mind.
"It's a present sense of impression. And the defendant's state of mind, as we've all agreed multiple times, is [vital] in this case."

Richards references Washington's livestream video, saying he did not object to the audio playing, as Washington could be questioned.
(He incorrectly refers to him as Elijah. His name on Facebook is Koerri Elijah.)

Binger: If the defendant didn't personally witness it, that argument should not come in.

Binger: This is exactly what the defendant witnessed, he is right there [in the video].

Judge: (Loudly) Wait a minute, wait a minute, wait a minute!

Judge: There was a gentleman on TV, the night before last, who said this is the most divisive case in the country today. Anything that undermines public confidence, in what happens here, is very important. It's important for this town. 1/2

Judge: It's important in this country, for people who have confidence in the result of this trial. Whatever it is. And I don't care what it is. But it has to be accurate. 2/2

Judge Schroeder says things written by "reputable media outlets" have been "bizarre" in this case.

During this discussion, Rittenhouse's mother and sister leave the courtroom.

(On the media, that he has not watched any coverage of the trial)
Binger: It is of no concern to me, so I am not in a position to respond to what those talking heads have to say.

Binger: This video includes statements from the videographer and people on the scene ... I am not introducing these statements for the truth of the matter assertive.
Judge: Then why are they relevant?
Binger: Because they go to the defendant's state of mind.

Richard: Unless this un-subpoenaed narrator is a mind-reader, he does not know what is going on in my client's mind ... What we're objecting to is the person running the video and his comments.

Binger questions whether the word "militia" is the "triggering" word.

The judge is calling for a break now. He says, "I think it would be prudent to do so at this point." Things seem to be getting contentious here.

Upon call for a break, Rittenhouse looks stressed and scared. His eyes are darting around the room as he stands next to his chair.

Binger says under his breath, "It's because the word 'militia' is used."

I just smiled at Rittenhouse and he made eye contact, then looked away.

During the break, Judge Schroeder calls the attorneys to his back chamber. Assistant DA Thomas Binger is not in the room, but James Kraus goes in his place.