The #KyleRittenhouse defense is about to present its closing argument.
New thread.
Judge Schroeder said he's not going to strictly enforce the 2.5 hour rule for closing arguments.
State was closing in on about 2 hours.
Defense starts by showing that Rosenbaum was in the Rundown Live video
“We don’t play fast and loose with the facts. Rosenbaum was a bad man. He was a rioter. And my client had to deal with him alone.”
- Mark Richards
Richards - "Did you hear one word out of Mr. Binger's mouth about provocation? You didn't. But when his case explodes in his face, he comes out with provocation."
"1, he's lying, 2, he's misrepresenting, or he wasn't prepared" - Richards on Binger.
"And now we have the magic pixel camera that brings forth his 'provocation.'"
“Nothing reckless about the shooting of Rosenbaum” - Richards
Richards said "last time I checked, this is still the United States."
Said in regards to Rittenhouse pointing a gun at the Ziminskis -- "If he wants you guys to believe my client pointed a gun at him, put him on the witness stand."
Richards getting into whether Rosenbaum was at a hospital or jail prior to coming to the protest.
"Why didn't he bring in a hospital, or jail" to prove he was on his medication?
"He was not acting normal." - Richards said about Rosenbaum.
Richards now on Count 2.
Said when Rittenhouse shot Rosenbaum, he feared for his life.”
Said as a witness, McGinniss helped the defense more than he hurt the defense.
"My client is not responsible" for endangering him when he runs into danger.
Richards now moves to Count 3 -- the endangerment of 'jump kick man'
Richards said the force of jump kick man twists Rittenhouse's body as he kicked his head.
Said they don't know what happened at Car Source 3, but said someone yelled he shot someone.
Said the didn't know "he was being chased by a crazy person."
"A kick to the head is likely to cause a serious injury. Did my client suffer a debilitating injury? No. But that's not the standard." - Richards
"Kyle Rittenhouse is running away from Anthony Huber. The state wants to call my client an active shooter."
Richards -- said the state wants to do that because of the loaded connotation of that word
Richards said if Rittenhouse stayed at Car Source 3, it would have made scene 1 and 2 the same location.
Richards said "even Gaige Grosskreutz was concerned" about the kicks to the head.
Now Richards is on Count 5. He’s moving pretty fast but said he will also be going through video
Richards is breaking down that Grosskreutz moving his glock wasn't an involuntary movement.
"He wouldn't even admit there was one in the chamber." - Richards on Grosskreutz.
"He won't say anything that will put him in a bad light. He has 10 million reasons to lie."
"They have the burden of proof. We don't. They want it to be that Kyle was out there doing something improper. Kyle was a 17y/o kid trying to help this community. He was asked to provide help...it started, and he did it."
- Richards during Rittenhouse def. closing arguments
"Ladies and gentlemen, Kyle was not an active shooter." - Richards
Richards is now breaking down all the witnesses that were called to the stand.
Starting off with Dominick Black, the friend who bought the gun for Rittenhouse.
My live tweets are going to slow down drastically as I write my story for @SpectrumNews1WI at 5.
Update when I can
Richards demonstrating with Rittenhouse's gun, saying that he did not raise the gun at the Ziminskis because if he did, he would have had to hold it in his left hand, and the shell casing would be ejected at Rittenhouse's face.
From the Pool reporter in the courtroom: "Sounds of protesters outside could be periodically heard inside the courtroom...It's not clear whether the jury can hear the noise."
"Ladies and gentlemen, facts and truth matter" - Mark Richards
Said the 'red herrings' in this case are the state, not the defense.
Said "Bullets are bullets, I hate to tell you."
State argues Rittenhouse should know thee danger of the full metal jacket bullets he used.
(Sometimes I wish twitter had an edit function, but I also don't want twitter to have an edit function.)
Richards said the 'active shooter' comment is "BS" because Rittenhouse didn't shoot anyone as he was running from Car Source to the second shooting location
Said Binger "Must live in a fairy tale land."
"He's not indiscriminately shooting, pointing, doing anything."
"A skateboard can cause great bodily harm" - Richards says of Rittenhouse being hit by Huber's skateboard in the head.
The jury is seeing, in slow motion, jump kick man going toward Rittenhouse, and now Huber going to grab the gun from Rittenhouse.
Now analyzing Gaige Grosskreutz' before he got shot.
"If he's got his hands up and wants nothing to do with KYle, like everyone else, just back away. Mr. Grosskreutz decided he was going to take him out."
Brings up the 'only regret' comment made by his roommate on FB.
Both Grosskreutz and his former roommate denied that Grosskreutz said his biggest regret was not emptying his magazine into Rittenhouse.
"He doesn't stop because it's not safe."
- Richards says of Rittenhouse walking toward police with his hands up after fatally shooting two men and injuring a third.
"There was no threatening behavior that started this. Mr. Rosenbaum was hellbent on causing trouble that night. He did what he did, but he started this.
Kyle RIttenhouse's behavior was protected under the law of self-defense." - Richards
Richards said there's no evidence Rittenhouse was an active shooter other than Binger calling him that.
"My client doesn't have to take a beating from the hands of this mob, or the hands of Mr. Rosenbaum." - Richards.
"It's a tough choice, but the evidence leads to one conclusion...his conduct was privileged to do. Do justice here under the law of the State of Wisconsin."
Defense took just a little over 2 hours and 10 minutes I believe, based on quick glance math.
ADA James Kraus is up for the state with rebuttal.
Kraus said the standard is not "could cause bodily harm"
Said the standard is that Rittenhouse could only use deadly force in self defense if there is "threat of *imminent* death or great bodily harm"
"You don't just get to immediately shoot someone. It is not reasonable for any person to not try to defend yourself first using other methods" - Kraus
"Why do you get to immediately just start shooting. As Mr. Binger said, he brought a gun to a fist fight, and he was too cowardly to use his fists to fight his way out." - Kraus
Said Rittenhouse could have shot Rosenbaum once in the hip and stepped back, not shot four times.
Said jump kick man, Huber, and Grosskreutz didn't get shot at 4 times.
"Hit 'em, kick 'em, knee 'em. Anything else...and Mr. Rosenbaum and Mr. Huber are alive." - Kraus
Once Mr Rittenhouse and his team understood that an unarmed person chasing him,and unarmed people chasing him later on...they had to concoct a story"...[about his gun being taken and used against him] --- Kraus
Kraus is stressing the way Rosenbaum's hand was injured, saying the injuries aren't consistent with how they should be if he was grabbing for Rittenhouse's gun.
Kraus said the defense keeps bringing up the Ziminskis knowing they have a fifth amendment right.
Richards objected. Judge said "stop stop stop" and sent the jury out of the room.
There's some confusion as to whether Kraus said Mr. Ziminksi or Mrs. Ziminski (or both) have a 5th amendment right.
Court reporter said Kraus said "The Ziminskis" -- Judge is sustaining the objection. Jurors coming back in
Kraus brings up Mr. Ziminski has a 5th amendment right.
Richards objects again.
Judge is sending the jury back to the library again.
The statement that drew the objection was that Mr. Ziminski has a pending trial and has a fifth amendment right.
The judge said that is accurate, but Richards said the state could grant immunity and said he would want a surrebuttal.
Jury coming back in.
Judge tells the jury that both sides were able to call Kelly Ziminski to the stand, but didn't.
Kraus resumes rebuttal.
Now talking about what he calls the 'supposed threat' that was made by Rosenbaum to Rittenhouse.
Said the video shows that he is standing quite a bit away from Balch and Rittenhouse at the end of the video.
"You hear nothing."
Kraus said the defense can't agree on when the threat took place, where the threat took place, and was the only bit of the night that isn't on tape, anywhere
Kraus said the defense submitted into evidence that Rittenhouse pointed his gun at the Ziminskis, and the exhibit has a question mark.
Said R lied about it on the stand.
"The defendant could have told you the truth, but that hurts his case, and that gives us provocation."
Kraus about to show the full drone video to the jury again.
Kraus is explaining that Rittenhouse had a lot of space to retreat without going into the cars.
"He did not exhaust his duty to retreat. He did not exhaust all of his options."
"Videos don't lie, but we know Kyle Rittenhouse does. He lied all that night." - ADA James Kraus
Judge Schroeder just told defense attorney Mark Richards: "Mr. Richards, don't wag your head."
He has been shaking his head a lot during this rebuttal. #RittenhouseTrial
Kraus: We know that Rittenhouse was going around that night trying to be a paramedic, a policeman, and a fireman, without having training in any of them. Pretty hard to do all three at once. "He's a chaos tourist." #RittenhouseTrial
Kraus: We're supposed to be so afraid of Grosskreutz with his Glock when the defendant has a loaded AR-15
From the AP reporter in the courtroom. It's been a long day. --
"It's not up to Mr. Rittenhouse to be the judge, the jury, and eventually the executioner." - ADA James Kraus #RittenhouseTrial
"This verdict should be about what the facts are and what Mr. Rittenhouse did. That is what you will decide. You decide what is beyond reasonable doubt."
"The only imminent threat that night was Kyle Rittenhouse. He's guilty." - Kraus
Jurors are getting their final instructions from Judge Bruce Schroeder.
Once these final instructions are finished, we will get our 12 jurors who will decide the fate of Kyle Rittenhouse.
The remaining six are still required to be present at the courthouse in case a juror is disqualified for whatever reason.
#BREAKING: The jurors vote to return to the courtroom tomorrow morning at 9 a.m.
That is when the 12 will be selected, and then deliberations in the #KyleRittenhouse trial will begin.
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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
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.
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