Thread by @Andrew_Havranek

Good morning from Kenosha!

This is now the third week of the #RittenhouseTrial

Today, the jury will get its instructions, hear closing arguments, and then the 12 who will decide Kyle Rittenhouse's fate will be selected and could begin deliberations

@SpectrumNews1WI

@SpectrumNews1WI 9:12 a.m. and we are underway

Judge Bruce Schroeder is telling the defense he's worried reading the self defense instruction for each count it applies to could essentially bore the jury, because they will be talked at a lot today with instructions and closing arguments.

Instructions are 36 pages long.

Observation: Judge Schroeder's voice seems a little raspy. He had complained about some sinus issues a few times over the last few weeks.

He has a lot of talking to do today, too.

Judge Schroeder is warning prosecutors about the enlarged photo they claim show Rittenhouse raised his gun at Rosenbaum before he started running after him.

He said if it comes out after that the process to enlarge the photo is unreliable, it would "fall like a house of cards."

#BREAKING: The gun charge against Kyle Rittenhouse has been dismissed.

That is this charge: COUNT 6: POSSESSION OF A DANGEROUS WEAPON BY A PERSON UNDER 18

The charge is a misdemeanor punishable by up to nine months behind bars.

Rittenhouse no longer faces this.

Defense Attorney Corey Chirafisi mentions that Judge Schroeder has not made a ruling on the defense's motion for a mistrial.

The judge said he will rule at some point.

Here is a good explanation as to why Judge Schroeder dismissed the gun possession charge Kyle Rittenhouse faced.

https://twitter.com/mtarm/status/1460272156592545797

The jury is being called down.

The judge said he had 36 pages of instructions to read to them. Not sure how many pages that is now with Count 6 being dismissed.

Said he will likely take a break after instructions are given.

Judge Schroeder is now beginning jury instructions.

"You are the sole judge of the facts."

Explaining how self defense is an issue in this case, and giving the definition of self defense to the jury.

A quick look at Kyle Rittenhouse, his mom, Wendy, and Judge Bruce Schroeder as he gives the jury it’s instructions

In regards to intentional and attempted intentional homicide of Anthony Huber and Gaige Grosskreutz, Judge Schroeder explains to the jury that intent is not motive, saying motive by itself doesn't establish guilt

Schroeder now explaining the self-defense issue when it comes to Richie McGinniss. Since McGinniss "was not attacking him" there is no self defense applicable for endangering McGinniss' safety.

Some insight from inside the courtroom

https://twitter.com/mtarm/status/1460279445978288136

Judge Schroeder explaining the lesser included charges -- including the lesser charges for the death of Anthony Huber.

The initial charge is first degree intentional homicide, but the jury can consider 2nd degree intentional, and 1st degree reckless.

This is the first time the judge has read lesser included charges. So, for the first three counts against #KyleRittenhouse, there are no considerations for lesser included charges.

#RittenhouseTrial

On the fifth and final count now -- ATTEMPTED FIRST-DEGREE INTENTIONAL HOMICIDE. This is the count in regards to Gaige Grosskreutz.

There are also lesser charges here too, attempted second degree intentional homicide and attempted first degree recklessly endangering safety.

Judge Schroeder breaks down each charge, including the initial, and explains that the jury has to come to a decision on the first charge before they consider the next lesser included charge.

The judge was mid sentence, and stopped.

"I've got myself into a mid-sentence, and I don't like it."

Calls attorneys to conference at the bench.

He was explaining how the jury can deliver one verdict per charge.

Schroeder is talking about the self defense aspect, saying if the jury gets into a deliberation of a charged offense, deciding the evidence is there and was not acting lawfully in self-defense, they're done.

Is unsure about if they find him acting lawfully in self defense.

The confusion is whether or not the jury needs to consider the lesser included charges on an initial charge IF they find the defendant acted in self defense.

FYI, the jurors were let out before this discussion started.

https://twitter.com/mtarm/status/1460288904679108609

ADA Thomas Binger said the jury is not instructed on "perfect self defense" that Chirafisi and Richards argue.

The judge agrees with the state there.

Schroeder: "If he was acting lawfully in self defense, then the ballgame is over, I think that's correct."

"Your suggestion is seductive, Mr. Binger, but they're not asked to consider that."

Richards said "if you find perfect self defense" it's over.

Binger: I know what perfect self defense menas, but we haven't told the jury what that means.

Schroeder said he thinks he's gonna say if they're discussing a count that has multiple possible verdicts...

Binger notes what has already been said should be used. Said he's leary of language that isn't already agreed to.

Richards rolls his eyes.

Schroeder said he doesn't believe he's said anything incorrect so far, but doesn't want to step into anything.

Schroeder: "If as to any of the cases with multiple submissions, if on any indiv. count, they find in their consideration of the charged offense that the defendant acted lawfully in self def. they're done."

Asks if there's any objection. Richards shakes head no. Binger shrugs.

They're now talking about what to do about the lunch break during the closing arguments because of how long this is taking.

"Lunch is already ordered. I'm not going to comment on the lunch." - Schroeder.

Binger said he's going 2 hours, but said he can take a break in middle.

Jury being called back in.

Schroeder said the jury will also get written instructions to reference while it considers

The dangerous weapon modifier is being discussed now.

"Did the def. commit the crime while using a dangerous weapon?"

This modifier does add more jail time if they find Rittenhouse guilty and answer that question as "yes"

This is on the all five counts Rittenhouse faces.

Judge Schroeder now tells the jury about the other counts that have been dismissed, and explains that the jury can not speculate as to why those counts are no longer part of this case.

That is the possession charge and the curfew violation charge.

We are now starting Closing Arguments in the #RittenhouseTrial

Judge said after arguments, he will have a few more minutes of instruction, then they'll do their jury strike selection, then it'll be their case.

Judge asking the jury if they would like to start deliberations tonight or start tomorrow morning.

Looks like 8 of the 18 would like to start tonight. Judge said he will make the final decision.

Binger is up.

"I think it's no surprise that this is a case where there is a lot of noise and a lot of static surrounding it."

"This is a case where a 17 year old teenager killed 2 unarmed men and injured a third."

"He killed people after travelling here from Antioch, Ill."

Richards objects to the curfew comment Binger just mentioned, Judge allows it to be told to the jury despite the charge being dropped.

"What were his true motivations? Did he sincerely care about Car Source? Was he genuinely interested in helping people? He ran around with an AR15 all night and lied about being an EMT. He's not there to support BLM or Jacob Blake.

Why was he there?" - Binger

Binger said they all agree that no persons life is more valuable than another's and that life is more important than property.

"I think we can also agree we should have 17 year old" running around the streets with AR-15s

"When you consider this case, look for the truth"

Said people look at this case and see what they want to see.

"You all told us you didn't have those preconceived notions. Now you have the evidence."

ADA Binger had a PowerPoint with slides for his closing argument.

ADA Binger is outlining that Kyle Rittenhouse was the only person who shot and killed anyone during those protests.

Said he is not defending arson, rioting, etc.

“You don’t get to kill someone on the street for committing arson”

Explaining the argument that Rittenhouse provoked the night, starting by pointing his gun at Rosenbaum.

Now seeing video again

They're seeing the full drone video

Now seeing the slowed down and zoomed in video.

ADA James Kraus points out where Rittenhouse is in the video when the state said he puts his fire extinguisher down with his left hand and raises his gun

“This is the provocation.” - Binger

Binger is now demonstrating that

"You cannot claim self defense against a danger you create. If you're the one threatening others, you lose the right to claim self defense." - Binger

"Mr. Rosenbaum isn't even within arms reach when the first shot occurs." - Binger as he continues his argument that Rittenhouse provoked.

"It's the defendant who chooses where to go" -- said Rittenhouse chooses where he runs.

Now they're showing the FBI infrared video.

Binger said the crowd is running before Rittenhouse even fires, saying they're likely running because of the Ziminski shot, which Binger said Rittenhouse testified had nothing to do with him shooting Joseph Rosenbaum.

Jury now seeing Drew Hernandez video -- but apparently the audio isn't playing in the courtroom.

We can hear it on the feed faintly.

Binger says to the jury he will debunk there was a threat made to Rittenhouse by Rosenbaum

Binger now describing the four shots fired at Rosenbaum, saying there's no evidence he was reaching for Rittenhouse's gun, saying after the first shot, Rosenbaum is already falling to the ground after the first shot.

"He is defenseless, he is vulnerable."

"The def. wants you to believe his hand is there because Rosenbaum is deliberately reaching for the gun. That doesn't make any sense."

Said Rosenbaum was already shot in hip, and saying the way his hand injury is, that's not how you'd reach for a gun. Said it was inadvertent.

Binger calls the Ziminskis a “red herring”

"The defendant brought a gun to a fistfight." - Binger

"You don't bring a gun to a fistfight. What the def. wants you to believe is because he is the one who brought the gun, he gets to kill."

Binger said the defendant had to concoct the theory that Rosenbaum was going to take his gun and turn it on him. Otherwise, the Defendant knows he can't kill.

4 bullets, 5 wounds —

"The defendant decided to pull the trigger on his AR-15 four times. That is his decision. he is responsible for every bullet he shoots. He could have stopped and assessed, but went four times in .76 seconds."

"The def. has made a point of this, as if somehow that excuses him."

State’s argument as to how the jury could find Rosenbaum’s death as justified

"He didn't have to shoot. He chose the path to run. He ran in between those parked cars, and he slows down as he gets there."

B said the crowd is already starting to scatter after Ziminski's shot. Said there's huge open space to get away.

Binger said he has some video he wants to play, but the courtroom is having some technical issues.

Taking a lunch break now until 12:45. #RittenhouseTrial

Judge is now talking with attorneys about the reduction of the jury to 12, and what to do about the other 6.

Richards said his preference is to keep them here.

That is what they'll do.. Schroeder said they'll have to find some way to entertain them.

Now we're on break.

*Shouldn't*

We're returning from lunch break.

I'm going to continue in this thread, as the state is still in its closing argument.

I'll start a new thread when the defense picks up/through the rest of the afternoon.

ADA Binger moving to the second count -- the 1st degree reckless endangerment charge in relation to Richie McGinnis.

Binger says Rittenhouse put McGinniss in danger, saying he did not care where his bullets were going, as McGinniss testified he even thought he had been hit

They’re showing the video from McGinniss’ phone as he attends to a dying Rosenbaum. Kyle Rittenhouse is not watching.

Now seeing video of Rittenhouse running away, someone asks why he shot.

"He pulled a gun." -- Rittenhouse said.

Binger said that is a lie, and has been proven in testimony and evidence.

Now seeing the video of Gaige Grosskreutz, from his phone, as he's running toward the Rosenbaum shooting.

In the video, you hear Grosskreutz ask Rittenhouse "You shot somebody?"

Said Rittenhouse lied to Jason Lackowski, Grosskreutz, and the crowd.

Binger says the crowd believes there is an active shooter — “this is provocation to them.”

Binger: "He could have dropped the gun, raised his hands in surrender. He does nothing to demonstrate to the crowd that he isn't a threat to kill again. And, of course, he actually DOES kill again"

Binger Said the crowd could have used deadly force against him. Instead, someone comes up and knocks his hat off, Huber comes up with his skateboard, which Rittenhouse blocks. No one knocked him down.

B said Grosskreutz could have aimed his gun and shot Rittenhouse, but he didn't.

"He is not the person who is willing to take a person's life in an instant" - Binger said of Grosskreutz' testimony.

Argues Huber tried to take the gun because he thought R was an active shooter

"In just a few seconds" Rittenhouse kills a second person, tries to kill another, and shoots Grosskreutz' arm.

Said Rittenhouse had no regard for their lives.

Binger said after those shootings, Rittenhouse walks away like he's a "hero in a Western [film]."

Binger is now going to go frame-by-frame showing the Grosskreutz shooting.

Binger laying out the argument that Rittenhouse has his gun pointed at Grosskreutz, and is getting ready to fire again.

"You can see Mr. Grosskreutz is actually backing up on his right leg. This is someone who's about to retreat. He's backing away from the defendant."

Binger said Grosskreutz never points the gun, instead, you see him lunge in with his left arm forward. The gun is in his right hand. He takes a step across the defendant's body, not directly toward R.

At this point, the AR-15 is pointed at him, maybe 2-3 feet away. He's trying to shield himself with his left arm.

"At no point" is Grosskreutz pointing his gun at the defendant.

Binger said the handgun coming down is an involuntary motion because his bicep was severed.

“The defendant just blew his arm off.”

Binger know saying the defense is hypocritical. "There's no exception to the law, except for Kyle Rittenhouse."

"The same rules apply to him"

Said everyone has a right to defend themselves, not just the defendant.

Now the jury is seeing video that shows Grosskreutz's arm.

It's very graphic. We saw it several times in this trial.

Binger said Rittenhouse didn't concern himself to what he would be doing to other people

"Let's not flinch away from this. It's important that we understand what that gun was capable of that night."

“You (the jury) will represent the reasonable person and put yourself in the defendant’s shows that night…”

"Did Anthony Huber forfeit his life? Is that justified, can the defendant just kill him?"

"The crowd was right, the crowd knew Rittenhouse just shot someone."

"Everyday we read about heros that stop active shooters. That's what's going on here. And that crowd was right. That crowd was full of heroes. That crowd did something that I don't think I'd have the courage to do. My first instinct is not to approach." - Binger

Explaining the purchase of the AR15 for Rittenhouse who couldn’t legally buy that gun.

“What Dominick Black did was wrong.”

"Anybody who says that is ignorant and reckless" - Binger in regards to people saying "a gun is a gun is a gun" and that all ammo is the same.

"That AR-15 had no lawful or legitimate purpose that night" - Binger said.

"I'm not saying people don't have a right to carry a gun. But that AR-15 did not accomplish any of the goals.." they said it was going to.

"you can't use it as a medic. You can't use it to protect the building. So, what's it there for?"

"Lachowski, Black, and Balch all said they never intended to use their guns."

"Why do you need 30 rounds of Full Metal Jacket armor to protect a building?" - Binger

#RittenhouseTrial

“The defendant was a fraud medic”

Binger calls Rittenhouse "The Fake EMT who kills people"

- "An insult to all real, trained medical professionals."

- Showed no remorse for this victims. "He broke down crying about himself. Not about anyone he killed that night."

Rittenhouse brought "no non-lethal means of defense. Only option is to kill." - Binger

Binger said "most reasonable people were gone before the curfew", but "the defendant was down there, he said, because he wants you to believe he's protecting Car Source"

"These guys with their AR-15s are wannabe soldiers. Acting tough." - Binger

Binger said Rittenhouse asking Sam Khindri for the address makes no sense to him, when Rittenhouse said he is familiar with the city.

Binger saying how both McGinniss and Hernandez said they were uncomfortable seeing the guys armed with AR-15s.

Said they are "veterans who had covered many protests."

Binger said the defense can pile on Rosenbaum who can't speak for himself since he's dead.

Notes on Rosenbaum given to the jury in this presentation

Said if he were alive, like Joseph Ziminski, he'd try to prosecute him for arson. But he can't since he's dead.

Said he didn't deserve to die for it on the street. "You can't kill someone for these things."

Lackowski said he wasn't a threat. Called him a 'babbling idiot.'

Binger said in the Hernandez video, Rosenbaum is being shoved around like a rag doll. Said he was never viewed as a threat the entire night.

Said he was triggered when someone pointed a gun there and gets right in the face of people with AR-15. Never grabs their guns.

Watching the Hernandez video from the Ultimate Gas Station.

"He's a mouthy little guy. He's a little dog that barks."

Said no one saw Rosenbaum as a threat.

“The only important thing in this case that is not on video is the alleged threat to kill, which suggests it never really happened.” - Binger in reference to a threat Rittenhouse claims Rosenbaum made directly at him

Binger said the Rundown Live video proves that threat never happened - and testimony from Kristan Harris, who recorded that video, couldn't prove that it happened.

Now watching the Rundown Live video

"If the defense had it, they'd play it for you" - Binger said in reference to the threat Rittenhouse said was made by Rosenbaum.

Binger now talking about the moment when 'yellow pants man' said "you just pointed your gun at me' and Rittenhouse said 'yeah I did.'

Rittenhouse said on the stand Wednesday that he said it sarcastically.

"The defendant thinks he's a cop. Some kind of junior cadet" - Binger on #KyleRittenhouse

"You are here to decide whether or not his actions are legally justified." - Binger to the #RittenhouseTrial jury.

Binger tells the jury the excuses, like panic, is not a justification for killing.

“Do we think what he did was right?” - Binger on #KyleRittenhouse

“No way” - Binger says that Rosenbaum, Huber, Grosskreutz, or jump-kick man posed a threat of death or great bodily harm to Rittenhouse

"Would you have done the same thing?" - Binger to the #RittenhouseJury

"No reasonable person would have done these things."

"The defendant provoked everything."

"Ladies and gentlemen, there is no doubt in this case that the defendant committed these crimes...no reasonable person would have done what the defendant did. That makes your decision easy. He is guilty on all counts." - ADA Thomas Binger to the #RittenhouseTrial

Taking a break until 2:25 p.m. central.