Thread by @sierragillespie

We're back from break in Wisconsin V. Kyle Rittenhouse. Are you watching @LawCrimeNetwork's livestream? lawandcrime.com/live-trials/li…

@LawCrimeNetwork Assistant District Attorney Thomas Binger continues his questioning of reporter/videographer Richie McGinniss.

@LawCrimeNetwork McGinniss is now detailing why he stopped recording part of his video the night of August 25, 2020. Who Richards previously called "Yellow Pants Man," was aggravated, and McGinniss says he used his judgement not to proceed with recording.

@LawCrimeNetwork McGinniss: I said, "Listen guys, I'm not recording this. I just want to know what the deal is, why you guys are mad?"

@LawCrimeNetwork McGinniss testifies that he spoke to four men at this time. Some had rocks/stones in their hands and another had a leather strap. He says later he realized one was armed with a handgun. He clarifies "Yellow Pants Man" did not have a weapon that he could see.

@LawCrimeNetwork McGinniss: The way that the one stepped out on me, it was like he was presenting the rocks as if he was ready to smash my head ... In those situations I'm just trying to keep my distance.

@LawCrimeNetwork McGinniss: I said, "Hey guys, let's take a step back here for a second."
McGinniss says he carries cigarettes and White Claws to "break the ice" in these situations.

@LawCrimeNetwork McGinniss: The goal is to illicit their truth ... My goal is to basically make them feel comfortable telling me what their truth is.

@LawCrimeNetwork McGinniss says he had two White Claws in his gas mask bag. He says one man took him up on the offer, and McGinniss cracked it open for him.

@LawCrimeNetwork McGinniss says they all laughed when he offered a White Claw. Then they started making fun of the man with the rocks saying, "Oh, you think you're so tough!"

@LawCrimeNetwork McGinniss says he later followed Rittenhouse run off, because he had a fire extinguisher in his hand. McGinniss says he perceived that this could be a newsworthy event, so he went in that direction.

@LawCrimeNetwork He also testifies that he called his co-worker at this time saying, "Something's about to go down." McGinniss says he called her to say they should be near each other when something big may happen.

@LawCrimeNetwork McGinniss: I did notice that when [Rittenhouse] was running, there were a lot of people looking in that direction ... So when he was running, people directed their attention that way, for sure.

@LawCrimeNetwork McGinniss: The combination of the fire extinguisher and the fact that he was running, indicated to me that something was going to happen.

@LawCrimeNetwork Binger: [Did you think] the defendant running with an AR15 through the crowd could cause an issue? 1/2

@LawCrimeNetwork McGinniss: In my mind, at that moment, I couldn't think of a situation that would necessitiate somebody running through a public street with one of their hands occupied by a fire extinguisher and the other hand occupied by a weapon. 2/2

@LawCrimeNetwork McGinniss: There were a lot of screams. I heard a n-word. You heard in the video, the "friendly, friendly."

(This is in reference to Rittenhouse yelling, "friendly, friendly" with his hands in the air)

@LawCrimeNetwork Binger encourages McGinniss to testify "without the benefit of hindsight." Binger asks him to describe what he was thinking and feeling exactly on August 25, 2020, not since learning more about what happened that night.

@LawCrimeNetwork McGinniss: I knew, having seen Mr. Rittenhouse earlier, and just using my eyes at that time, that he was armed. And also there was a bag that was thrown by Mr. Rosenbaum, so clearly there was something about to happen, so I was paying attention to that.

@LawCrimeNetwork Binger: Did you ever see a weapon on Mr. Rosenbaum?
McGinnis: I did not.
B: Never saw a gun on Mr. Rosenabum?
M: I did not.
B: Never saw him have a knife?
M: Nope.
B: Never saw him have a club or a bat or a chain or anything like that?
M: I just saw the bag that was thrown.

@LawCrimeNetwork Binger: Did you hear Mr. Rosenbaum say anything?
McGinniss: There was an, 'F you.'

@LawCrimeNetwork McGinniss now says he does not recall hearing Rosenbaum saying anything. He says he heard things being said or yelled, but his attention was not on what was being spoken.

McGinniss: My focus was purely on the barrel of the weapon and where that was going.

@LawCrimeNetwork McGinniss said he heard a "pop," but that it is common to hear noises like that in similar situations.

McGinniss: At that time it was not clear to me that it was from a gun, or where it was from.

@LawCrimeNetwork We're now taking another look at the FBI infrared video shot on August 25, 2020.

@LawCrimeNetwork McGinniss is now using the ~famous~ pointer, belonging to Binger's sister. He's pointing out where he is located on the video.

@LawCrimeNetwork McGinniss: I was running behind Mr. Rittenhouse and Mr. Rosenbaum ... Mr. Rittenhouse turned around and Mr. Rosenbaum kept going ... I realized they were basically about to collide ... Just before the shots I altered the trajectory of my run.

@LawCrimeNetwork McGinniss: It was a very short, very, very short period of time, from when he turned around to when the shots were fired. And basically in that very short time, I realized that Mr. Rosenbaum was continuing to advance. And that Mr. Rittenhouse was standing still.

@LawCrimeNetwork McGinniss: [Rosenbaum was] eventually lunging toward the front portion of the rifle, it was clear to me something was about to happen with the rifle and I didn't want to be on the wrong side of that ... It was clear to me that something dangerous was going to happen.

@LawCrimeNetwork Binger: When Mr. Rosenbaum landed on the ground after being shot by the defendant, what was Mr. Rosenbaum's body position?
McGinniss: He was lying face down.

@LawCrimeNetwork (Binger questions whether Rosenbaum was falling before the shots are fired) McGinniss: I would say his momentum was definitely going forward. It's not clear to me whether he would have fallen had the shots not been fired.

@LawCrimeNetwork Binger's face when Judge Schroeder says, "I'm told sandwiches are here early."

@LawCrimeNetwork Judge Schroeder has agreed that questioning can continue for a bit longer.

@LawCrimeNetwork Binger and McGinniss are going back and forth about an interview McGinniss gave prior to the trial.

@LawCrimeNetwork Binger: Your interview 3 days after this incident, says Mr. Rosenbaum was already falling forward when the defendant used [his weapon].
McGinniss: I don't think that is inconsistent with what I'm saying right now.

McGinniss says lunging and falling are synonymous.

@LawCrimeNetwork Things got a bit heated between Binger and McGinniss there with clarifications of falling. We're now headed to lunch. We're expected to be back at about 12:30 CT.