Thread by @Andrew_Havranek

Good afternoon from #Kenosha.

This is the P.M. thread for the #RittenhouseTrial

Court is returning soon.

Before we return...here is some video -- His mom appeared to mouth the words, "I love you, buddy."

#BREAKING: The Rittenhouse defense is motioning for a MISTRIAL with prejudice. #RittenhouseTrial

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.

Also in regards to this.

Click this tweet to see the thread from earlier

https://twitter.com/Andrew_Havranek/status/1458485892490964997

Chirafisi believes qualifications for mistrial have been met.

Also, for those unsure what "with prejudice" means, it means, if granted, the state would not be able to re-try the case.

The state is addressing it right now.

Binger said he is not referring to what Rittenhouse told police, but said his voluntary decisions to talk to media about life, is fair game.

Binger: "I think he's doing more than that in these interviews" when the judge asks if Rittenhouse can't do interviews not about the case

The judge said he has not seen these interviews, and is asking to see them.

Binger is providing that evidence. Richards said prior counsel was representing him during that interview. The judge said he doesn't care.

Richards said he'd have to read the article.

Binger is now explaining why he was asking questions about excluded evidence that the courts ruled couldn't be brought up during the trial.

Binger said he was surprised to hear Rittenhouse say, on direct examination, that he told Ziminski "yes I did" in regards to pointing his gun at him.

Rittenhouse said he told Z said that sarcastically.

Binger: "I'd like to probe that...and I think that changes the equation."

Binger said that allows the evidence about Rittenhouse saying he wished he had his gun to shoot supposed shoplifters on August 10.

Judge said he ruled against that and yells again to Binger, saying he took it upon himself to add it.

Binger: "If you want to yell at me, you can." Said he was acting on good faith that he believed the ruling wasn't solid.

Judge: I don't believe you.

Motion for mistrial is under advisement.

Binger wants the judge to allow evidence about Rittenhouse in a local bar, posing with Proud Boys, wearing a shirt that said "Free as F*ck"

Binger said he just wants to show the picture to probe whether Rittenhouse's emotions earlier were valid.

Chirafisi said that is irrelevant. He tells Judge Schroeder that he already made a ruling on all of this.

"Apparently he [Binger] doesn't believe a door that is shut should stay shut."

Chirafisi said he never went there to ask jurors during voir dire if they knew about that incident

"There is nothing relevant about that" saying it's four months later.

Judge said he's struggling to find the relevance.

"I don't see how the jury can work with that in reaching any conclusions in this case."

Binger brings up Rittenhouse's TikTok bio saying he wanted to be famous.

"This trial made him famous. He's posing for selfies."

Rittenhouse scoffed from the stand.

Rittenhouse’s mom appears to be happy

The judge does not think he's heard anything to change his mind on ruling against the evidence about being in the bar wearing the "Free as F*ck" shirt and posing with Proud Boys.

Rules against allowing it again.

Jury being called down now.

Observation: It's always interesting to see how the judge and attorneys come down from the high emotion in the courtroom from before the jurors are there when the jurors return.

Binger now asking Rittenhouse about the incidents when Rosenbaum threatened him and what he was wearing.

Rittenhouse said he can't recall which time Rosenbaum had a chain, but believes it was the second time, when his shirt was wrapped around his face.

Rittenhouse said he was behind JoAnn Fiedler when Rosenbaum threatened them the second time, and said he took the second threat as a threat to the group, as he was 10-15 feet away from Rosenbaum.

The first one he took personally.

Rittenhouse is shown this photo and said this is how Rosenbaum looked when he first threatened him

Binger: You're aware there is no video of either of these threats.

Rittenhouse said he's not aware.

Rittenhouse is asked if Rosenbaum swung the chain or if he touched his body when he made the threats.

Rittenhouse: He didn't. Agrees that he just threatened with words. Said he never saw Rosenbaum with any other type of weapon. No gun, knife, bat, club.

Binger asks how much time was between the threats from Rosenbaum.

Rittenhouse said he can't give a definite time but said within the same hour.

Binger: When you were running away from him, you're thinking to yourself this is the man who threatened you earlier?

R: I'm thinking this is the guy who threatened to kill me

Binger asking Rittenhouse why he thought it was the same guy. He said his height, his shorts, and the red shirt was on his head.

He said he didn't follow Rosenbaum down the street because it was dark out.

Rittenhouse said he started running toward the duramax vehicle at Car Source to put the fire out -- while Rosenbaum was ahead of him on the street.

"We'll get back to that in a second."

Binger: Why did you feel that you should go around off the 59th street Car Source property to put out fires

Rittenhouse: Said he wanted to help keep his community safe.

Binger: You felt you wanted to go out and help people, protect people, treat people, even off the 59th street property. Normally that's why we call 911 for?

Rittenhouse: Normally, yes.

Defense objects.

Judge asks where he's headed.

Judge allows it.

Binger: you didn't feel 911 could be called that night

Rittenhouse- [The night before] The fire department wasn't responding to put out fires

Binger: Calling 911 was not an option, correct?

R: I didn't feel anyone would show up to provide aid and put out fire

The judge interrupts to ask the jury how about the temperature.

Binger continues and asks if Rittenhouse had anything other than an AR-15 to defend himself

Rittenhouse: Yes.

Binger notes that Rittenhouse said "there was no friction with the protesters that night" based on what he observed at the 59th street Car Source

Rittenhouse: Other than Mr. Rosenbaum. Said he's the only one he saw who threatened.

Binger now calling up a video.

The video is from The Rundown Live that we've seen in the trial already. It shows a dumpster fire and someone from the armed business protectors yelling at the people around the dumpster "You want to f*ck around and find out?!"

Protesters yell "Protect your property, not the streets."

Binger: Does that look like friction (between the group with Rittenhouse and protesters)

Rittenhouse: I don't think they were happy about it.

Binger: You knew this was a crowd that would not act favorable toward you

R: I didn't

B: Even after that incident?

R: It seemed they were more mad at him after he screamed

B: "f*ck around and find out"

R: yes.

Binger asked why Rittenhouse talked with Richie McGinniss of the Daily Caller.

R: He seemed like a nice guy.

Assumed he was from the media, didn't know where from.

Jury now seeing that video of the interview from McGinnis again.

Binger: If you didn't think there was friction with the crowd, and you were out there trying to help, why did you expect there to be danger?

R: From the previous nights when I saw people assaulted.

B: Were they medics?

R: I saw someone putting out a fire get assaulted

Binger: Why do you need the gun when you go out there?

R: If someone attacked me

B: Why would you think someone would do that?

R: I don't know.

B: You thought you were going to be in danger. You said you brought the gun to protect yourself.

Binger asking about the men on the roof with AR-15s meant to protect Rittenhouse.

Rittenhouse said he doesn't know why they're carrying AR-15, but said they could yell to him to watch out if he was attacked.

Video being shown now, the continuation of McGinniss' video following Balch and Rittenhouse

"He asked if you're a certified EMT and you said yes. That's a lie."

"I told him I was an EMT and I wasn't"

B: And you knew you were being interviewed by someone in the media.

R: Yes.

B: How did it make you feel when police let you past the line, gave water, told you they appreciated you?

R: I didn't notice or care.

Said he needed the water because of pepper spray in his eyes.

B: You yelled friendly out. You understood you're entering a crowd of protestors, rioters, looters, whatever.

R: I was walking thru and announced myself as friendly.

B: Because you had to tell them you're on their side because you were worried they'd see you as hostile.

R: Said after saying friendly, they stopped throwing rocks toward the bearcat police vehicles.

Said they weren't throwing rocks at him, but he was in the line of fire

Binger stressing whether R was worried people would see him has hostile.

B: I'm asking you what you thought when you announced yourself as friendly.

R: It looked hostile. They were throwing rocks at the armored police cars.

B: And you thought it was necessary to say friendly so they didn't do anything to you?

R: Yes.

Back to the video.

Rittenhouse is being asked about a conversation caught on that video, but he said he doesn't recall it.

Binger asking about Rittenhouse walking around asking for medical.

Did anyone respond?

R: Yes. I don't recall. But someone cut their finger so I gave gauze and bandage tape.

Rittenhouse said it happened before this video

Binger asking Rittenhouse about when he told Ziminski he pointed a gun at him. He said "yeah I did"

Rittenhouse said he said it sarcastically to avoid conflict.

"He was accusing me of something I didn't do so the best thing to do was walk away."

B: But you said "yeah I did"

Binger continuing some cross examination.

I've got to start working on my story that airs tonight on @SpectrumNews1WI.

Live tweets, as they have at this time of day, will take a backseat.

I'm listening, and will update when I can for things of interest.

CORRECTION: Yellow pants man. Not Ziminski.

There was an objection, and Judge Schroeder told Binger to pick up the pace.

Def. Attorney Richards is objecting again, this time to using the drone video.

Jury is taking a brief break as they address the objection.

Richards said iPads have artificial intelligence in them to create what they believe is happening, saying it's the iPad programming showing what it thinks is there when they zoom in.

He doesn't think it's appropriate.

Binger said "pinch to zoom" doesn't change the photo.

Binger said if defense counsel has an expert who said this is unreliable...said this is a feature of everyday life with iPhones and iPads.

Said defense can still call an expert to say it's not reliable since we're in their case.

Judge said state should be the one to have someone testify that it isn't distorting.

Said it's 'high risk' and that the state needs to tell him that it's reliable, not the defense calling an expert to say it's not.

Binger said it's not fair to equate the enhancement procedure of the crime lab to the iPad pinch-and-Zoom

Judge said he does not believe that it's no different than using a magnifying glass to look at a physical picture.

Judge said Binger has to assure him before the jury can see the video zoomed in on an iPad until it can be prove it's reliable.

Binger said he would like time to do that before he's done cross examining Rittenhouse.

Now on a break until 3:20.

Jury is returning to the courtroom.

They're going to watch the drone video NOT via the pinch-and-zoom on the iPad

Binger asking again about Rosenbaum -- saying he never touched Rittenhouse.

Rittenhouse said he touched his gun.

Binger again said not R's body. Said Rosenbaum didn't throw anything but the bag.

Asking if he sees Rosenbaum jump with his hands up in the video

Binger asks Rittenhouse about Rosenbaum "lunging" toward him. Asks if R heard the ME's testimony yesterday that R's first shot was to Rosenbaum's hip, which led him to fall forward.

R said he believed Rosenbaum would have taken his gun and used it against him and killed others

Binger notes Rosenbaum never said anything to him about taking his gun.

B: You just assumed. Did you want him to think you wanted to shoot him when you pointed your gun at him.

Rittenhouse is crying a bit again saying he never wanted to shoot and kill him.

Binger asks again "Do you understand how dangerous it is to point a gun at someone. It puts someone else in fear they're about to be killed"

R: He was chasing me.

Rittenhouse is crying, not as uncontrollably as before.

Binger asks if he understands that pointing his gun at Rosenbaum made Rosenbaum think he was going to die.

R said he pointed it at him to get him to stop chasing him.

Wendy Rittenhouse is crying too

R: My first thought was to help him.

B: You didn't help him, did you?

R: The crowd was saying 'get him, get him

They're showing more video of Rittenhouse after shooting Rosenbaum, just before R makes a phone call.

B: No one in that crowd yells "get him" until after you start running away, right?

R: No.

B: You made a phone call.

R: I called Dominic Black

B: You could have called 911

Binger asks Rittenhouse about his comments earlier in testimony where he said he fell because he was light headed.

R said it was because he was hit.

B said earlier he said it was from running.

Binger is now asking about the two shots at an identified man.

Asks Rittenhouse if he cared if those two bullets could have killed him.

R: There's that possibility.

Said he didn't want to kill anyone.

B: You shot at him with the intent of hitting and killing him.

R is being questioned about the Grosskreutz shooting.

Rittenhouse said because Gaige Grosskreutz was still running toward him holding a handgun, he shot him because he felt Grosskreutz was the real threat in this moment

We're going frame by frame now as Grosskreutz approaches Rittenhouse.

Rittenhouse said he turned his gun over to look at it, but didn't physically do anything to manipulate it (re-rack)

There was a bit more cross examination where Binger really worked to paint the picture to the jury of who was the threat during those shootings.

Rittenhouse's testimony is over for the day.

The defense is calling another witness tonight.

We're on a short break.

Defense said it has three more witnesses left to call, including Dr. John Black, a use of force expert.

They're trying to determine whether or not to continue tonight or do this all tomorrow.

The judge is asking for a vote on whether to work Saturday or come back on Monday to finish the trial.

Judge said we're hopeful the case will be ended on Monday, possibly Tuesday next week -- which they're cleared through.

We are done for the day.