The judge said he will be informing the jury the testimony from the FBI agent will be dismissed as they are not finishing testimony.
The first person the #Rittenhouse defense is calling is Nick Smith.
Smith is friends with Dominick Black, who bought the AR-15 for Rittenhouse.
Smith formerly worked at the Car Source he, Black, and Rittenhouse went to guard, armed, in Kenosha
Nick Smith is seen in this photo that was submitted as evidence last week.
He's in the white hat with the orange cross.
An employee of Car Source, Anmol "Sam" Khindri, said they never asked for anyone to guard their business.
The defense claims otherwise.
The curfew violation charge has been dismissed against #KyleRittenhouse.
It was the least serious of all the charges. The judge ruled the state failed to provide evidence about the lawful curfew order.
The state has formally rested.
Defense calls Nicholas Smith.
This is Nick Smith.
He lives in Kenosha and works at a factory.
Defense said he has two juvenile delinquency charges.
Smith said he got a call from Sam Khindri, who worked at his family-owned Car Source, that one of their locations was on fire.
Smith said Khindri called the night before and asked Smith if he could help.
"Sam asked if we could do anything about the fires."
Smith said they got permission to enter that shop through an unlocked backdoor, grab a power washer, and start putting out fires.
Said on the 24th, no one was protecting the business, and there were fires happening.
Smith said he also had contact with Sam on the 25th, saying Sam called and asked if he could provide protection the business -- said he called Smith and Justin Hamilton.
Smith said yes.
Smith said he called other friends who previously worked at Car Source, and had a plan to stand on the roof to protect the business.
Said he noticed a snapchat video of Dominick Black downtown around 3 or 4 in the afternoon -- so he asked Black for a ride to get body armor, as he didn't plan to be armed that night.
"I wanted a means of protecting myself."
Smith said since they planned to be on the roof, he didn't think he needed to be armed.
Said Rittenhouse offered him his body armor, and he accepted it.
Smith said about 5:00, he meets up with Sam Khindri at the "Car Doctor" location.
Smith said Khindri hugged him and thanked him for coming. Didn't tell him to get off the property or that he was trespassing.
"He said he would throw me some money"
but never did.
Smith said Khindri gave him a set of keys, and then met up with Khindri's brother, Sal, and got the keys for the 63rd Street location.
Said about 10 minutes later, another group of people pulled up and asked if they needed help protecting the building.
Smith said they could and they appreciated it.
One of the men, Smith said, was Ryan Balch. They did not know them prior to this.
Chirafisi now asking about this photo, which was taken at the 63rd street Car Source location.
The man on the far left is Sal Khindri.
Chirafisi asks if Sal ever tells them to leave. Smith said no, and that he was grateful for their presence.
Said at one point, they were 'chemical bombed' on the roof, and they were also throwing bricks.
Chirafisi asks Smith if he ever saw Joseph Rosenbaum that night, Smith said no.
Said Rittenhouse was down in the parking lot, but said he was not paying attention to see if he ever provided medical attention to anyone. "I wasn't paying attention."
Smith said his brother had taught him about how to treat gunshot wounds.
Then explaining that Ryan Balch handed him his pistol saying 'just in case.'
Was it necessary? "Yes and no" Smith said. He said he had non-lethal.
Now being asked if he heard gunshots, and said yes, and he's on the roof at that time.
He said he did not see the any of the shootings.
Smith said he got off the roof because Dominick Black got a phone call and said "we have to leave, it's getting hectic"
So Smith said everyone on the roof had now gotten off the roof.
Rittenhouse was inside the shop, sweating, pale, saying "I just shot someone" over and over
Smith said he also recalls Rittenhouse saying he "had to" shoot someone.
Said he told Rittenhouse he needed to turn himself in.
Chirafisi ends direct questioning, ADA Binger now up for re-direct.
Binger asking what kind of bullets the vest he got would stop. Smith said bullets from a hand gun, not a rifle, like Rittenhouse was carrying.
Binger asking more questions about his interactions with Rittenhouse and Black when they picked him up.
Binger asking if the body armor was already in the car that belonged to Rittenhouse. Smith said yes.
Smith said he was concerned about people having rifles and pistols at protests the night before, which is why he wanted body armor.
Smith said he last worked for Khindri and Car Source in 2019.
Binger asks about the cars on fire on Aug. 24, the night before Rittenhouse was in Kenosha.
"None of the owners were there (putting out fires). They were relying on you and others to do their work for them?"
"Correct."
Binger asks how he was going to protect the building from the roof without a gun.
"I was providing overwatch..." for those who were armed, saying he was watching to make sure no one damaged the building.
Binger: You didn’t feel using a gun to protect a building was appropriate?
Smith: Yes and no. It was appropriate when the situation would arise, but it was not required based on what he had seen at this point
Binger now asking Smith about the photo that was taken with Sal Khindri at the Car Source. Asks if he was wearing the body armor in that photo, which Smith said he was.
Asks what the red cross on his white hat meant. Smith said first aid, but said he never helped anyone.
Said the hat was to allow the three or four people he was with know he could help with aid.
Binger asks about Rosenbaum again -- Smith said at the time that night, he never encoutered him that night, same with Huber and Grosskreutz.
B asks if Smith knows who was throwing the bricks, Smith said no.
Smith said he had pepper spray and a pepper ball gun to deter whoever was coming at him if the situation arose. Said he never had to use it.
Smith said he does not remember if Rittenhouse said anything about how many people he shot, why he shot, who he shot.
Binger asked why Smith left after Rittenhouse had returned after the shootings.
Said he was worried the protesters would retaliate after the shooting.
Binger asked how he would think the protesters would be angry if he didn't know who Rittenhouse shot.
Prosecution ends cross examination.
Chirafisi has a few re-direct questions.
Chirafisi said he was never attacked, does not recall anyone say he was going to kill, threaten, or come after him.
Smith's testimony is over.
Defense calls JoAnn Fiedler. She works in manufacturing. She was interviewed by the FBI after the Rittenhouse shootings.
Said she was with the BLM movements until "they started destroying properties"
Said "somebody's got to stand up."
Said she started a United Citizens for Patriotism group to show support for the country, police, and emergency workers.
Here’s JoAnn Fiedler
Said she had no knowledge of Kyle Rittenhouse
Said she knew a few people, including Ryan Balch.
Chirafisi is asking Fiedler about her interaction with the Khindri family.
Said Sam Khindri was crying. "I don't know if it was happy or sad crying."
Said he was happy to see them, but said about his cars.
She is third from left in this photo.
She said she was on the ground at the Car Source, and Rittenhouse was standing next to her for a portion of the night.
"There were other people who walked by before the big crowd, he was offering medical services."
Fiedler just said Rittenhouse helped a woman's ankle
Said he would take his gun off and hand it to Fiedler while he provided aid.
She said she remembers seeing Rosenbaum that night "very distinctly."
Fiedler just said Rosenbaum said he would "Kill you motherf***ers" and also dropped a racial slur.
Said she saw Rosenbaum throw something, said she doesn't recall what.
Said she saw Rittenhouse after everything happened. She opened the door and he came running in, fell into her, and sat in a chair.
Looked "totally in shock."
"Pale, shaking, stuttering and stammering, sweating."
Looked at her and said he shot someone and sat down.
Was looking for "his brother" Dominick
"My god my life might be over." -- Rittenhouse
She said Rittenhouse said "he had to."
Saids he took his gun and set it on a truck out back.
Direct examination ends. Binger up for cross examination.
Binger reading a statement to the FBI
where Fiedler said she contacted Rittenhouse's mom and told her to "be strong"
That statement to the FBI said Fiedler has been in contact with Rittenhouse's attorney and provided info she deemed helpful.
She said she only sent a video
Said she might have given video to Rittenhouse's video, but doesn't remember. Said she no longer has that video.
Said she didn't take video, but doesn't know where it came from.
Said she hasn't watched a lot of the videos, but some.
Binger asking about the words Rosenbaum told her.
"That's not on any video, is it?"
"Nope."
Binger asked if she had any plan as she came from the West Bend area. She said no.
Said she was openly carrying a pistol on her side in a holster.
Binger is asking how female protesters were taunting her by chanting "Black Lives Matter"
She said they said more than that.
Also said "Yellow Pants Man" had several guns on him.
Said she never planned to use her pistol that night.
Now asking about the comments made by Rosenbaum, and how she and the group responded.
She said she didn't view him as a threat.
"He was just bitching," she said.
In re-direct, Chirafisi asks her aboutteh female protesters harassing her. She said "as soon as I didn't give them their power sign" they got more aggressive.
Called her 'blondie.'
Her testimony is over. Court is going on a break.
Judge Schroeder was just on the phone with his wife, as the audio was feeding, before the jurors return from break.
He noted that "the whole world" could hear her.
The defense now calls Nathan Debruin. He's a freelance photojournalist who was at the Kenosha protests. #RittenhouseTrial
This is Debruin
Debruin brought his own exhibits, photos he took himself.
Defense attorney Mark Richards asks if he asked him to bring these photos. Debruin said no.
Right now, Richards is asking Debruin about each of the photos he brought in as exhibits.
Live tweeting is taking a back seat for a little bit as I work on my story for 5:00 on @SpectrumNews1WI.
I'll update as I can.
The state is objecting to the defense asking Debruin about where he believed the bag Rosenbaum was carrying came from.
Initially Debruin said it looked like a bag you get after leaving jail.
Kraus said it's not a dispute the bag came from a hospital, not jail.
Debruin said he heard Rosenbaum say he was not afraid to go back to jail, referencing the bag he was holding.
Said Rosenbaum was very agitated.
"F*ck the police" "Shoot me n*****" according to Debruin.
Debruin is now being asked what he saw in regards to Anthony Huber, his skateboard, and the shooting involving him.
I've not been able to hear the whole cross examination, but Richards asks Debruin about ADA Binger asking him to change his statement about Ziminski.
Now, they're taking a break after ADA Kraus asks about an interview Debruin did with a blogger who is anti-Binger
Richards objected to Kraus asking if he knew about the blogger's bias.
Kraus said he'll ask it a different way.
We're on a 10 minute break.
Kraus: "Do you know how he knew to approach you?"
Debruin: "He was at my attorney's office."
Kraus asks why he talked to this blogger, who has posted articles that he wants Rittenhouse found not guilty and attacking, "mostly falsely" the DA's office
Debruin said no.
Kraus is getting extremely frustrated at Debruin, and Debruin is equally frustrated with Kraus
Debruin said earlier he saw Rosenbaum at one point with a chain, but doesn't know when he got rid of it.
Just testified that he never saw Rosenbaum attack anyone
Kraus: Did you bring your own exhibits because you're trying to enrich yourself with your photography?
Debruin said no
Just an observation: Both sides have done a lot of work in their respective cross examinations of witnesses to try and discredit their testimonies with jury
Today with state's cross of Debruin and Feidler.
Yesterday with def.'s cross of Grosskreutz
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The defense is explaining why they're motioning for a mistrial.
It's all in connection to the line of Binger's questioning that Judge Schroeder said was an over reach regarding his right to silence before his trial.
He was parked in his car on 63rd and Sheridan across from Car Source.
This is Zanin
Her stepdaughter was recording out of the window of the car.
Zanin said the reason he was parked there was because he saw fire coming out of the passenger seat of a car there. Said he saw people smashing the car windows.
We're seeing video now recorded from his step daughter
Yesterday, we heard testimony from the man who survived being shot by Rittenhouse.
Today, we're expecting the state to rest its case.
Judge Schroeder said a lieutenant saw someone outside video recording the jury. The judge said the lieutenant told the man to delete the video, and the judge said the next time, he was instructed to take the phone from the person recording.
The judge was asked if that person has been in the courtroom observing the trial, and the judge said he is not sure.
The #RittenhouseTrial resumes this morning, and we're expecting to hear testimony today from Gaige Grosskreutz, who was shot in the arm by Rittenhouse the night he shot and killed Joseph Rosenbaum and Anthony Huber.