It looks like we're back from lunch in Wisconsin v. Kyle Rittenhouse. Follow along with @LawCrimeNetwork's livestream:
@LawCrimeNetwork Reporter/videographer Richie McGinniss is back on the stand with direct questioning from Assistant District Attorney Thomas Binger.
@LawCrimeNetwork McGinniss: I became extremely worried that, because I was behind Rosenbaum, I was going to be caught in whatever was going to happen.
Binger: Did you feel like you would be caught in the line of fire?
McGinniss: I did, and that's why I altered my trajectory.
@LawCrimeNetwork McGinniss: I would say that, given where I was, certainly I was in danger, yes.
@LawCrimeNetwork (On whether he saw Rosenbaum touch the gun) McGinniss: It's hard for me to say whether he actually made contact with the gun. What I can say is that they were extremely close. And if he did, he did not alter the trajectory of the gun.
@LawCrimeNetwork McGinniss: Given that the shots were fired within such close range, I knew that he had been hit. And he was lying lifeless on the ground ... I ran over, I said something along the lines of, 'Are you OK? I'm going to flip you over slowly.'
@LawCrimeNetwork McGinniss: Somebody shouted that there was a hospital across the street. At which point I told one individual to grab his arm, and we carried him across the street.
@LawCrimeNetwork Binger: Is it hard for you to see that?
McGinniss: I certainly don't like to see it.
@LawCrimeNetwork McGinniss testifies that he took off his shirt to render aid to Rosenbaum. He says his father was an ER doctor, and that he was taught to apply pressure to a wound.
@LawCrimeNetwork McGinniss says he didn't realize Rittenhouse approached Rosenbaum after the shooting.
McGinniss: I was looking at Mr. Rosenbaum on the ground and attempting to find where the wounds are, and it was like a pair of legs arrived next to me ... I just screamed, 'Call 911!'
@LawCrimeNetwork (On whether he would have felt in danger if he knew Rittenhouse was next to him)
McGinniss: I felt in danger anyways. But I certainly think it maybe would have changed my tone of voice. I can't really imagine what I would have done. I was afraid in that moment anyways.
@LawCrimeNetwork WARNING: Picture shows Rosenbaum following the shooting.
Binger prefaces that the next video shown will be that of Rosenbaum's body that McGinniss shot. He apologizes, but says it needs to be shown.
@LawCrimeNetwork McGinniss is now detailing the moments after the shooting of Rosenbaum. He says several people helped load Rosenbaum into a vehicle of someone who said they worked at the hospital.
@LawCrimeNetwork McGinniss: I was just telling [Rosenbaum] that we were going to have a beer afterwards and that it was all going to be OK.
@LawCrimeNetwork McGinniss: I like to think he could hear me. It seemed that his eye was looking at me, but it was kind of rolling back. But when I started talking, it rolled back kind of toward me ... I'm not sure he heard me, but I think perhaps he did.
@LawCrimeNetwork McGinniss testifies that he helped load Rosenbaum onto a gurney. He says he stayed at the hospital, as he did not have a shirt on and was covered in blood. He says he later saw Gaige Grosskreutz arrive at the hospital after he was shot.
@LawCrimeNetwork McGinniss: It was just surreal. I felt scared about what was going to happen, what I would have to do after that, because I knew that's what I had seen.
@LawCrimeNetwork McGinniss: I became more worried once I realized that my phone wasn't recording ... because that made me realize that it was my eyes that saw it, rather than just being able to show, I'd have to tell.
Binger: Like you're doing today.
McGinniss: Yes.
Binger: I have nothing further
@LawCrimeNetwork McGinniss as a witness is turned over to defense attorney Mark Richards for cross-examination.
@LawCrimeNetwork Richards: When you met Kyle and you interviewed him, he was not menacing to you, was he?
McGinniss: Beyond that he had a weapon, no.
R: So what was menacing was the weapon?
M: When I said menacing in that context, it was the situation that was menacing.
@LawCrimeNetwork Richards recites an interview McGinniss had with law enforcement following the shooting, in that McGinniss said he believed people were trying to grab Rittenhouse's weapon.
@LawCrimeNetwork McGinniss: I think it was very clear to me that [Rosenbaum] was reaching specifically for the weapon, because that's where his hands went.
McGinniss is now demonstrating what he witnessed happen between Rosenbaum and Rittenhouse.
@LawCrimeNetwork Richards: When [Rosenbaum] goes for the barrel, what does Kyle do with the gun?
McGinniss: He dodges around it.
R: And then does what?
M: And then levels the weapon and fires it.
Richards: You were told that [investigators] either going to take your phone and get a search warrant, or you'll give consent, correct?
McGinniss: Correct ... I didn't want to lose possession of my my phone because my livelihood, yes.
(On whether he was afraid of Rittenhouse and Balch)
McGinniss: I was fearful of the potentiality that those weapons would be used. So I'd say I was elevated in terms of my assessment of the risk in the situation, but I wouldn't say I was fearful of them individually.
McGinniss is turned back to Binger for re-direct.
Binger is now referring to the FBI infrared video. He's been having McGinniss use it as a reference point and describe whether people besides Rosenbaum were chasing Rittenhouse ahead of the shooting.
Binger: At any point, did you hear Mr. Rosenbaum say anything about the defendant's gun?
McGinniss: I did not, no.
B: He never said, 'I want your gun. I'm gonna take your gun. Give me your gun. I'm gonna steal your gun.'
McGinniss: I didn't hear anything like that, no.
Binger: You have no idea what Mr. Rosenbaum was thinking at any point in his life. You have never been inside his head. You never met him before.
McGinniss: I've never exchanged words with him.
Binger says it is "complete guess work" for McGinniss to say what he thinks Rosenbaum was going to do next.
McGinniss: Well he said, 'F*** you.'
Binger: Let's talk about that.
Binger: You believe, you've testified, that Mr. Rosenbaum is reaching for the barrel of the defendant's gun, is that right?
McGinniss: Yes.
After some back and forth, the witness is excused. Court is on a 15 minute break.
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We're back from lunch in Wisconsin v. Kyle Rittenhouse. We're back to a discussion about Anthony Huber and his "peacefulness" characteristic.
The state says it will bring up a specific instance in Huber's past where he displayed "peacefulness." Kraus says this leads to the state's point that Huber was acting to "protect" others on the night of August 25, 2020.
Judge Schroeder is now reading the State of Wisconsin text to determine what is/is not acceptable for the prosecution to include evidence that the "victim was a characteristically peaceful person."
We're back! Judge Bruce Schroeder calls for the jury to re-enter in the case of Wisconsin v. Kyle Rittenhouse.
Also of (small) note: the past two days, court has had to break for lunch early, because a food delivery came earlier than expected. Today, Judge Schroeder hopes to avoid that by ordering Subway. We'll see.
Jason Lakowski is back on the stand to be questioned by Assistant District Attorney Thomas Binger.
We're back.
Judge Schroeder: One of the jurors is inquiring about a pregnancy ... my inclination, unless there's an objection, is to excuse her.
The juror is excused upon her request.
Pressing update: Judge Schroeder has mentioned concern for missing his haircut appointment several times this week. He just confirmed he was able to get his hair cut!
I finished @LawCrimeDaily! Back into Wisconsin v. Kyle Rittenhouse.
@LawCrimeDaily The first thing of note: Rittenhouse's mother and sister are seated in the back of this photo.
@LawCrimeDaily (Over to defense)
Richards: Are you lying under oath today?
Balch: No, they just never asked those questions.
R: Correct me if I'm wrong, but when the FBI talks to you, they don't write out a statement for you, let you review it for accuracy and completeness, do they?
B: No.
@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.
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.