Streaming on @CBS58: Count 6 (possession of a dangerous weapon by a person under 18) in the #KyleRittenhouse trial was just dismissed after state acknowledged the AR-15 did not meet the requirements for a "dangerous weapon" in the criminal complaint.
cbs58.com/stream/live-st…
@CBS58 Judge Schroeder says there is still no ruling on the defense's motion for a mistrial
The jury is now being led into the courtroom. Judge Schroeder had 36 pages of instructions to read, it'll now be a little shorter after count 6 was thrown out. This is when we will learn if the judge will allow the jury to consider lesser charges for some counts
#KyleRittenhouse
Judge Schroeder has paused for a good minute after reading counts 1, 2, & 3. He's checking the computer and reading notes. No explanation from him yet
He tells the jury while he actually read all three elements required to prove 1st degree reckless homicide, he said out loud "there are two elements". So he's rereading it now so as to be clear
Now explaining Rittenhouse does not have the privilege of self-defense for the Richie McGinniss count. While he may have used self-defense against Rosenbaum, that does not necessarily mean recklessly endangering McGinniss was lawful because McGinniss was not a threat to him
Judge tells jury they should make every effort to agree on the original charges before considering lesser charges. Jury should not just jump to lesser charges
After a 20 min discussion with attorneys, the judge tells the jury if they find all elements are present and there's no self-defense, they can return a guilty verdict and not go further. If they find self-defense they can return not guilty verdict and not move to lesser charges
Jury instructions are finished, 1:21 after they began, including a few breaks for discussion. State will begin closing arguments next. Binger expects to take 2 hours, & is ok with a lunch break in the middle. Stream the closing arguments on @CBS58 here:
cbs58.com/stream/live-st…
State's closing argument will resume at 12:45. Here's a recap of what Binger has told the jury so far this morning...
Binger's open:
"This is a case in which a 17-year-old teenager killed two unarmed men and severely wounded a third person with an AR-15that did not belong to him."
#KyleRittenhouse
He tells the jury that while there was property damage, arson, rioting, and tension, the only person who killed someone that night is Rittenhouse
#KyleRittenhouse
The state's biggest argument: provocation.
Binger: "Under Wisconsin law, you're not allowed to run around and point your gun at people. This is the provocation. This is what starts this incident."
#KyleRittenhouse
Binger: "When the defense provokes the incident, he loses the right to self-defense. You cannot claim self-defense against a danger you create. That's critical right here. If you're the one who is threatening others, you lose the right to claim self-defense."
#KyleRittenhouse
A main crux of the defense's argument throughout the trial has been to show Joseph Rosenbaum was a threat to Rittenhouse and had threatened him earlier in the night. Binger claims he will debunk that.
#KyleRittenhouse
Binger tells the jury why they cannot justify self-defense, saying Rosenbaum was not reaching for Rittenhouse's gun and was not capable of taking the gun away as he was falling after being shot in the pelvis.
#KyleRittenhouse
Closing arguments are set to resume shortly. You can stream online at @CBS58:
cbs58.com/stream/live-st…
Binger has now used 60 minutes of the allotted 2.5 hours. He said his initial closing argument would take 2 hours, so he may be about halfway through
Binger is now 90 minutes into his initial closing argument. He has 60 more minutes to use, but indicated he'd reserve 30 min for rebuttal after the defense
Aside: Incredible respect to the reporters logging every important moment while also writing, editing, & filing their stories, and running in and out for repeated live shots. There are a lot of plates to keep spinning and so many journalists are doing it well
Circling back to this recap so that we can add some clips from the defense from Monday's closing arguments:
Mark Richards begins by saying this trial is not a game, it's his client's life. Says Joseph Rosenbaum was a "bad man".
#KyleRittenhouse
Richards has been upset with the provocation consideration since it was introduced. He told the jury Binger is only bringing it up now "when his case explodes in his face."
#KyleRittenhouse
Richards is "glad [Rittenhouse] shot [Rosenbaum] because had Joseph Rosenbaum had got that gun, I don't for a minute believe he wouldn't have used it against somebody else." He adds Rosenbaum was "irrational and crazy."
#KyleRittenhouse
Richards said Rittenhouse was not an active shooter, saying he was "zero threat", telling the jury: "has he shot anybody since Car Source three? No, he hasn't."
#KyleRittenhouse
After Binger said Rittenhouse could have stopped after the first shooting instead of running, he says "Binger must live in Fairytale Land, to think that Kyle could stop, put his gun down, and say 'hey, everything's good, leave me alone. I'm going to the police.'"
#KyleRittenhouse
And in closing:
Richards told the jury "Ladies and gentlemen, it's a tough choice, but the evidence only leads to one conclusion: that is that Kyle Rittenhouse's conduct on August 25 was privileged based upon the actions of Mr. Rosenbaum and others."
#KyleRittenhouse

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More from @AdamRifeReports

17 Nov
Rittenhouse trial Day 13 thread: second day of jury deliberations
The rain has stopped and more people are starting to gather outside. This guy is getting a lot of attention, he’s walking back and forth and shouting “F*** BLM” & “BLM is a terrorist organization”
#KyleRittenhouse
This woman was cleaning the courthouse. Our team coverage continues throughout the day on @CBS58. @KristenBarbar is inside the courtroom today, and our crews will have full reports starting at noon
Our @CBS58 team has been reporting this case for more than a year; stream our in-depth coverage from inside the courtroom here:
cbs58.com/stream/live-st…
Read 15 tweets
16 Nov
RITTENHOUSE TRIAL DAY 12:
Kyle Rittenhouse is selecting the 12 jurors who will deliberate his case by drawing random numbers from a tumbler. Stream on @CBS58:
cbs58.com/stream/live-st…
Here’s how he did it Image
And now the fate of Kyle Rittenhouse is in the jury's hands. 6 of the 18 were dismissed, the other 12 have been sent to deliberate the five counts he faces. They are allowed to ask to see evidence again and to ask questions of the judge.
#KyleRittenhouse
Read 5 tweets

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