Thread by @sierragillespie

Judge Bruce Schroeder: We're back.
And so we begin Day Three of Wisconsin v. Kyle Rittenhouse.

We're beginning with the discussion about Juror 7. Judge Schroeder specifies that he travels "differently, because he uses that scooter." Juror 7 uses a motorized scooter to get around. He rides it in and out of the courtroom.

Judge says Juror 7 told a deputy a joke as he was leaving. It involved the shooting of Jacob Blake.

Chirafisi says the defense will not make an objection until he hears from Juror 7 himself.

Assistant DA Binger says the joke was something similar to, "Why did it take them seven shots to kill Jacob Blake? Because the Kenosha Police only had seven bullets." Binger says it creates "racial bias."

Also yesterday, Binger objected to a question posed by Richards. Richards says today he will withdraw the question and address it later.

Judge Schroeder is now reading a handwritten letters by jurors or bailiffs that are of concerns. A juror was concerned (s)he knew a person who shot one of the videos that was shown. The defense and prosecution agreed it was OK.

The other concern seemed to be written by a bailiff, that one of the jurors could not see TV screens from where (h)she was sitting. Judge Schroeder says today we need to make sure the juror can see from where they are seated.

Judge Schroeder is now discussing the heat of the courtroom, that there were complaints by the media that it was too hot. I can say from being in the courtroom yesterday, I was not too hot at all. I'm usually cold. I was totally comfortable in pants and a blazer.

Juror 7 is now in the courtroom. Judge Schroeder is addressing the Jacob Blake "joke."

Judge Schroeder: I think the best thing under the circumstances is to dismiss you from the jury.

This comes after Juror 7 declines to re-tell the joke.

Judge: The public needs to be confident that this is a fair trial ... It was bad judgement to tell a joke of that nature.

So that means Juror 7 has been dismissed from the jury.

This is now a 19 person jury. There are 11 women and 8 men. There is only one person of color on the jury.

The defense picks up with cross-examination of Detective Martin Howard.

Howard says he wrote a lengthy police report about the August 25, 2020 incident. He confirms the report was 57 pages long.

A direct quote from Howard's report: When the video reaches [Rittenhouse and Rosenbaum], a male voice is heard yelling, 'Gun, gun, gun! You won't do s***, mother f*****.'
Howard confirms with Richards this quote was said from Rosenbaum to Rittenhouse.

Richards finishes with his cross. Assistant DA Thomas Binger is back up for the re-direct.

(In response to yesterday's discussion about Howard not using a search warrant on Gaige Grosskreutz) Howard: Marcy's Law is a relatively new law in the State of Wisconsin, which grants the victim rights.

Howard stated yesterday, and again today, that he wrote a search warrant for Grosskreutz, but did not ever use it. He says this was because of Marcy's Law.

(On whether Rosenbaum was armed leading up to the shooting)
Binger: No gun?
Howard: Correct.
B: No knife?
H: No.
B: No baseball bat or club?
H: No.
B: No chain?
H: No.

Yesterday, Richards confirmed with Howard that Rosenbaum did have a chain in his hands at one point. During today's re-direct, Binger and Howard again confirmed this.

In the lower right hand side of this frame, you can see the plastic bag that Rosenbaum was carrying the night of the shootings. Multiple times Howard said this was the only item in Rosenbaum's hands for most of the night.

We're back to that infrared video from the FBI.
Person of Interest 1 = Joseph Rosenbaum
Person of Interest 2 = Kyle Rittenhouse

A secondary character we've heard a lot about in this trial is the pointer Binger often uses. It belongs to his sister. The judge just referenced it as well. Here's a photo if it in action from yesterday.

We're now hearing about the shot involving Joshua Ziminski. Howard confirms it was approx 2.5 seconds between when Ziminski fired his shot straight i the air and Rittenhouse fired at Joseph Rosenbaum.

Binger says he has no further questions. Richards is back for the defense.

Richards: He's nodding at you, correct? Mr. Binger is nodding at you.
Howard: I wasn't looking at him, I was looking at you.

Richards presses Howard on whether he discussed any part of the case last night after testimony. Howard says he did not discuss the case or Marsy's Law.

The state now calls Richie McGinniss to the stand. McGinniss was the reporter who followed Rittenhouse for a portion of the night on August 25, 2020.

Richie McGinniss confirms he is the Chief Video Director for the Daily Caller. dailycaller.com

McGinniss is discussing the 2020 riots across the country.
McGinniss: We could show the public side of what was happening that the corporate press wasn't keen to show.

McGinniss said he traveled to New York, D.C., Seattle, Portland and Kenosha.
McGinniss: We hung out in these places for hours on end and we just used our phones to cover what was happening ... Police breaking up the occupied protests, people clashing with the police.

(On the day of Aug 25, 2020) McGinniss: We'd been out all day, we were actually during the day, we were interviewing the owners of the businesses that had been damaged the night before ... We recorded a bunch of interviews with those folks (people who had come to clean up)

McGinniss testifies that he did NOT take any video during the day of August 25, 2020, that showed Rittenhouse cleaning up. Rittenhouse was cleaning graffiti that day, before the deadly shootings that night.

McGinniss says his aim is to show BOTH sides of a protest.
McGinniss: The goal is to show both what law enforcement are dealing with, and what the protesters, rioters, whatever you want to call them, are dealing with.

McGinniss: Anytime that there are guns, that elevates the level of danger in my mind. Just given that, I've been to, like I said, across the country many protests in place where people have guns and there's a lot of people in a confined space. 1/2

McGinniss: These are the kind of situations where people are very passionate about why they're out there. 2/2

McGinniss testifies he was scared for the safety of his reporters when he saw multiple people armed with weapons in Kenosha.

McGinniss: Typically in these situations, especially with armed individuals, I want to be as unassuming as possible. So I put my hands up and said, 'Hey are any of you guys willing to do an interview about why you are here?'

McGinniss says he doesn't recall whether he asked Rittenhouse his age prior to the interview. He says Rittenhouse's response was similar to, "I'm an adult." McGinniss said he response was "satisfactory" enough for him to proceed.

McGinniss: I told the police the night of that I believed he was in his mid-20s, but I believe I said exactly, 'He had a baby face.'

We're now watching the video McGinniss took of Rittenhouse on August 25, 2020.
Rittenhouse in the video: "If there is somebody hurt, I'm running into harm's way. That's why I have my rifle, because I need to protect myself."

We were shown another video McGinniss took of Rittenhouse on August 25, 2020. We are now taking a 15 minute break.