Just because the judge in the Kyle Rittenhouse trial may in fact be a villain, do not allow the prosecutor to play the role of "tragic hero."

When Kyle Rittenhouse is acquitted, do not let the DA spin this like they fought the good fight cause they didn't.nytimes.com/2021/11/11/us/…
First, let's remember who we are dealing with. This is the Kenosha County DA's office.

The same DA's office who refused to bring charges against the police officer, Rusten Sheskey, who shot Jacob Blake in the back seven times, paralyzing him. apnews.com/article/kyle-r…
Jacob Blake is the whole reason this trial is happening and somehow the Kenosha County DA left him out of the equation. Image
Believe me, Michael Gravely, Kenosha County DA, does not care about Black people.

He is prosecuting Chrystul Kizer, who at 17 allegedly killed the White man who had sex-trafficked her, for first degree intentional homicide - the same charge as Rittenhouse.washingtonpost.com/dc-md-va/2021/…
Kenosha prosecutors knew that the man who trafficked Chrystul, Randy Volar, was raping Black girls as young as 12.

In fact, in 2018, they charged him with child sex abuse, but they released him without bail, so he could continue doing what he was doing.

washingtonpost.com/graphics/2019/…
Second, let's consider the actual trial. The judge has grabbed all of the headlines because of his outrageous behavior.

And his racism should be highlighted. It's an insight into how the system works nearly all of the time, but for Black people not White.
washingtonpost.com/national/as-ky…
But part of it is his outrageous behavior is good TV and it's overshadowing some of what is going on during the trial that is important.

Basically, the prosecutor is not doing a good job.

One, they took just five and a half days to present their case - a double homicide and an attempted homicide, where you know the defense is going to argue a somewhat complicated self defense claim.
Two, they didn't prep their witnesses. The prosecution witnesses should not be making the defense case. One of their witnesses essentially made the defense's self defense claim for them. nytimes.com/2021/11/08/us/…
Three, everyone is up in arms about the way the judge spoke to the prosecutor. I get it and this is not a defense of the judge.

What the prosecution did tho was pretty egregious. He suggested that the defendant exercising his right to remain silent was an indication of guilt,
He also tried to admit evidence the court had excluded as prejudicial. These are also kinda basic mistakes.
Either you are stupid or you were trying to provoke a mistrial, which is what the defense suggested.
100% people should be upset with the judge but do not think the prosecution here is righteous because they are not.
Honestly, I am sure the prosecution loves the way this is playing out on TV because they get to look like the good guys.

The reality is the Kenosha County DA's office prosecutes Black people at a higher rate than almost anywhere in the country.
The Black incarceration rate in Kenosha County in 2016 was 6,079 per 100,000 population. That is 12 times the white rate. It is almost 80% higher than in Milwaukee, which is third highest among the nation’s largest metro areas.
The racial gap in incarceration is also higher in Kenosha than in Milwaukee. jsonline.com/in-depth/opini…
I could go on. There is so much to say about Wisconsin. My point here, however, is don't believe the hype. nbcnews.com/news/us-news/w…
PS. I don't really believe in heroes and villains, but systems. So I don't think the judge is a villain. The media making him one suggests he's extraordinary and he's not.

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More from @DrRJKavanagh

15 Nov
If you read my timeline you know how I feel about Kyle Rittenhouse, so please believe me when I tell you it does not matter legally that he "crossed state lines."
I represent people who live in other jurisdictions and are charged with crimes in NYC all the time, including serious felonies. It does not matter.
This is a state case.

Crossing state lines is one basis under which federal prosecutors get jurisdiction, but its limited to certain cases - like sex trafficking or conspiracy - it doesn't just mean you live in one state and go to another to commit a crime.
Read 4 tweets
15 Nov
For non-lawyers watching the Kyle Rittenhouse trial:

Self defense (also called justification) is what we call an affirmative defense.

There are a number of affirmative defenses in criminal law. They vary by jurisdiction, but always include innocence, insanity, and self defense.
How is this different from a regular (non-affirmative) defense?

In every case, a prosecutor has to prove the elements of each offense charged.

If your defense is that the prosecution has not proved one or more of those elements, then that is a regular (non-affirmative) defense.
In a case where a defense lawyer raises an affirmative defense, the burden is then on the prosecution to disprove it.

The affirmative defense then essentially becomes like another element of the offense charged, making their case that much harder.
Read 5 tweets
15 Nov
CW: Police Violence

When video leaked of the in-custody death of Eric Lurry, the DA declined to charge the cops shown sticking a baton down his throat and slapping him before he became unconscious.

They did, however, charge the cop who leaked the video.
chicagotribune.com/news/breaking/…
That cop, Javier Esqueda, now faces 20 years in prison for felony official misconduct. He's on administrative leave and the PD is trying to fire him.

Meanwhile the two arresting cops are good - cleared by the DA and just six day suspensions from the PD.

chicagotribune.com/news/ct-joliet…
Now, the local police union has determined that Sergeant Esqueda leaking the video constitutes "conduct that is detrimental to the orderly operation of the Association" and is "so reprehensible" as to warrant removal from the organization. So he's out. shawlocal.com/the-herald-new…
Read 4 tweets
11 Nov
Prosecutors have charged two teenagers with the first degree murder of eight-year-old Fanta Bility, even tho it was the police who shot and killed her back in August outside a high school football game.

inquirer.com/news/angelo-fo…
It's not uncommon for prosecutors to charge other people with murder in cases where the police admit to killing someone, but the charge would usually be reckless or felony murder, not first-degree murder as it is here.
One of the most well-known cases is that of LaKeith Smith who was convicted of felony murder and sentenced to 65 years in prison, after a police officer killed his friend Adonte Washington when they were aged 15 and 16 respectively.

usatoday.com/story/news/nat…
Read 5 tweets
9 Nov
CW: Police violence

Police shot and killed an Indigenous man in Sydney today. This, just two days after another Indigenous man died in a prison located three hours outside of Sydney.

Indigenous peoples make up less than 5% of the Australian population.
smh.com.au/national/nsw/m…
Aboriginal people die in custody at a rate of 0.61 per 100,000 people. More than 55% of these people were in police custody or being pursued by police. A small number were remanded pre-trial (Australia does not have cash bail).

theguardian.com/australia-news…
In the US, Black people die in *police* custody at a rate of 0.60 per 100,000 people.

This does not include people who die in jail or prison, so the rate would be higher if those numbers were included.

I will look for the total figure.

journalistsresource.org/politics-and-g…
Read 4 tweets
8 Nov
So missing the point.

In NYC, people who live in dangerous neighborhoods - primarily Black and Brown - often feel the need to carry a gun.

And they are the people who get prosecuted - not privileged people.

That's why public defenders supported this challenge to NY's gun laws.
People really don't understand how gun laws are enforced in New York.

They criminalize young Black and Brown people.
I don't think I have ever represented a White person charged with possession of a gun.

Not because they don't carry them, but because police are not smashing down their apartment doors to find them and they're not conducting illegal stops and searches.
Read 12 tweets

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