Thread by @Andrew_Havranek

Good morning from the #Kenosha County Courthouse.

I'm inside the courtroom as we wait the jurors to return to begin deliberations on the charges against #KyleRittenhouse

Yesterday, jurors were behind closed doors for nearly 9 hours, with a break for lunch.

#RittenhouseTrial

The court reporter just informed us that the #RittenhouseTrial jury has started deliberating.

Judge Schroeder has an unrelated hearing right now -- which is why there is no activity in the courtroom.

I'm assuming they went into the deliberation room right around 9, then.

Nothing new to report here from Kenosha at 10:27 a.m.

Judge Bruce Schroeder walked in the main doors to his courtroom a little bit ago. He has an unrelated hearing in here in a few minutes.

We might get some sort of update then.

Kyle Rittenhouse defense attorney Corey Chirafisi just walked into the courtroom, took a seat, and then walked back out.

Kyle Rittenhouse just walked in as well.

Rittenhouse walked back out, Chirafisi and lead defense attorney Mark Richards just walked in and took a seat.

Judge Schroeder has an unrelated hearing starting right now, though.

Anthony Huber's girlfriend, Hannah Gittings and his great aunt also just walked in to the gallery.

ADA Thomas Binger is also in the courtroom.

ADA Thomas Binger was whispering to the man who has been running A/V for the prosecution.

I couldn't hear exactly what he said, but said "they asked."

He was also looking over a piece of paper. Judge said "we will wait a minute, I've got this other case to do."

Binger, Richards, and Chirafisi are seated, talking together in a corner next to the defense table.

Observation from the courtroom, Wendy Rittenhouse is not in the gallery.

Ok. We're moving now.

Previous hearing is finished. Kyle Rittenhouse is back in the courtroom.

The jury is asking if they can see video in the deliberation room in private or if it has to be in the courtroom.

Binger said the law is clear that it has to be shown in the courtroom.

Richards said he agrees, but said he doesn't want the jury seeing the drone footage.

Richards said he has a motion for a mistrial filed regarding that, saying the defense never got the full quality of that video until Saturday or Sunday last week after evidence was closed.

"That's a real problem" - Richards.

Judge Schroeder said he hasn't even had a chance to read the motion to dismiss, saying he just got it.

Judge Schroeder is now explaining why he has the defendant picks the jurors who are dismissed. Said he had been reading about the 'optics' of it.

It's hard to hear exactly what is being said in this courtroom in person without having the headphone, which the court is out of.

Binger said the jury should be able to view what they want to view as much as they want to view it.

Binger said the exact exhibit number would be helpful, but said a description would also be fine.

The jury has to view evidence in the courtroom, which was discussed last week.

The courtroom will be cleared while jury looks at evidence to encourage private conversation.

Judge Schroeder is sending the answer for the questions up to the jury.

Rittenhouse, Richards and Chirafisi have left the courtroom.

The judge is moving on to other unrelated hearings.

Again -- if jury comes to watch/view any evidence, it will be in empty courtroom.

Ok, I'm seeing responses to this tweet.

Yes, the judge/others could be in this courtroom if/when jury comes to see evidence but it will not be open to the public/journalists.

This is what I meant by empty. It's not in open court.

Before leaving, lead defense attorney Mark RIchards said he was going to do research to see if there are restrictions on how many times the jury can view the video/photos.

Also, Judge Schroeder made comments of coverage said he will re-think about having live TV coverage of a trial next time because some of it is "frightening."

I'm back upstairs in the courtroom. The attorneys are all here. No judge right now.

The court has received two more questions from jurors they need to discuss.

Judge Schroeder is back in the courtroom.

Chirafisi is addressing procedure rules now in regards to the jury getting to see video.

He is citing case law that says jurors can see it once, without it being rewound.

Kraus said that deals with videoed statement, not video of the actual incident.

Chirafisi said the jury should also see the video in open court, and then go back to the private deliberation room.

Judge Schroeder is speaking now.

Kraus said he doesn't believe the case law Chirafisi cites directly applies. He believes the jury should be able to watch, rewind, pause, stop, start, etc "as they see fit."

Said he doesn't see how video of an incident can be over emphasized like a video of statement

Judge Schroeder just said he had a chance to read the defenses motion for dismissal and the allegations that the highest resolution video wasn't provided to them until Saturday.

Kraus is saying the drone video was on FOX News, was online, and original defense attorney talked about it on Tucker Carlson's show.

Kraus said Det. Howard got an copy sent to him via AirDrop. Kraus said he told defense attorneys they had a much higher quality drone video.

(Last week)

Said that Miss Wisco (one of the defense attorneys) asked to get the video emailed. She has an Andriod, so it coudn't be airdropped. (Apple method of sharing between Apple products)

Kraus said they believed the video given was the highest quality.

Kraus said the issue about the lower quality defense had was because it was emailed to Wisco, not AirDrop. Said they didn't know there was even an issue until Wisco tried to play it Friday in court, and it wasn't high quality.

Kraus said the prosecution didn't know there was any issues with the file Wisco received.

Said they can't be held liable for that. Said the file was never altered, and the state didn't withhold a different video from defense.

"As far as we knew until we had this hearing on Friday, everyone had the exact same copy." - Kraus

Wisco said she downloaded the video from her email from Det. Howard, saying she never looked at it on her phone.

Wisco said she confirmed that the original file was 11 mb, not 4mb, which is the size that was sent to her.

Kraus said the email is compressing the files.

Wisco said all of the other evidence from the state crime lab has come from dropbox.

Judge Schroeder said this is going to require expert testimony under oath. "Given the cloudy picture of this particular exhibit, this is a high risk strategy in this case."

Kraus said the state proposes showing the state the exhibits. Said he's not concerned about the still image.

Said the other evidence was admitted without objection.

Kraus said it's not his responsibility for Mr. Pierce (former defense attorney) for not turning over that video.

Richards said it was video purchased by Tucker Carlson and was different because it was black and white.

Richards said they didn't find out there was a problem with what was given to them versus what they had until Friday -- which again -- is what the state said was because of email compression, which they say they were not aware of until Friday either.

Richards just said the POI marked FBI Infrared video he showed during their case was never entered into evidence.

Prosecutor said they would agree to open and allow that to be marked into evidence if all the drone video is in too, and the judge said "Compromise! This isn't 'Let's Make a Deal!" #RittenhouseTrial

Jury wants to see the Grosskreutz live stream that has the interaction Rittenhouse, and then the 'BG on the Scene' video, and then slo-mo video of the BG on the scene video that Dr. Black made.

State does not object to these being given to the jury to be seen.

Kraus said the state's position is that is the jury watches these videos on the monitors in the courtroom where they have been watching this for the last few weeks.

State thinks it should be in closed court.

Judge said the jury should get a computer with nothing on it, and get a flash drive with the exhibits on it, and then go to their deliberation room. "For question 4"

Richrards said at this point, the jury has not requested what attorneys are fighting about (Drone video)

It's unclear what questions 4 and 5 are.

We believe question 4 deals with the videos I mentioned above, starting with the Grosskreutz/Rittenhouse run in after Shooting 1, the BG on the scene video, and the slowed BG on the scene video.

The BG on the scene video they want to see is the 10 seconds after Grosskreutz is shot.

It's unclear what Question 5 is> Richards said they jury hadn't asked for drone video, but Binger just told reporters he believed it was the drone video.

*Shrug*

Talking with other journalists in the room -- there is confusion on what Richards meant with his last comment, "They have not requested what we are fighting about."

Some thought that to be the drone video. Others think it was in regards to jury getting a laptop to see videos.

I'm taking a quick lunch break / working on my story for @SpectrumNews1WI tonight.

If something happens, I'll be here to update.

Attorneys are back in the courtroom now. They have a computer and VLC player for the jurors watch videos on that computer in deliberation room.

Kraus now saying that the drone footage was compressed via email. Said when Det. Howard AirDropped it, it was lossless, when he emailed it, it compressed.

This is Question 5. The have not yet requested the video.

They're sending the video up to jury -- Question 4.

Chirafisi said the lynch-pin of the state's case is this drone video.

"We would have done this case in a different manner" if the defense had the high quality drone video before the case had closed.

Chirafisi is asking court for a mistrial.

Chirafisi said he understands that this would be WITHOUT prejudice, but said after that, the state would be able to retry and they'd have all the same evidence.

Judge Schroeder said it will have to be addressed because the jury saw it in the courtroom.

Chirafisi said it's been shown and pointed out, saying pointing fingers isn't the end all be all.

"We got a compressed version which was not of the quality they had."

"We're talking about a potential life sentence here." - Chirafisi

Schroeder said the motion will have to be addressed if there is a guilty verdict

Said he's not asking for state's response until jury asks for this video.

Now the jury wants it.

Kraus said the defendant's first attorney and defendant and legal team would have been aware of this video

"This is not a video that was in the possession of the state in any way shape or form" said it was on the internet and world because FOX News had bought it.

Kraus said they're focused too much on a tech glitch, and should be focused on the fact that the exhibit was played.

"Kraus said the exhibit was played, not objected to, the authenticity was stipulated to, and the defense watched this exhibit." - Kraus. "That is what matters. That is what the jury has seen."

Kraus said this is all to protect Rittenhouse, and Rittenhouse lied on the stand, saying there is evidence proving he lied on the stand.

The jury wants to see these exhibits, Kraus said.

Kraus said he believes this motion for mistrial is inappropriate and shouldn't be granted.

Said the jury is asking to see an exhibit that was played and there was no objection to.

Kraus said the state believes all exhibits should go back, understands the court has concerns about the still image from the drone (Which was argued about Friday).

"I do not believe an unknown technical incident should result in a mistrial" - Kraus

Chirafisi - "How would we object to something we didn't know existed? We didn't know there was another version."

More debate about where the jury should watch everything. State wants them to be able to see everything as much in they want in the courtroom using the large 4k monitor

Judge Schroeder said the state knows the risk, they've assumed it, and the jury can watch it as much as they see fit. Going to put everything on a drive and the jury will come down.

Kraus said he doesn't object to not including the still shot. Attorneys have to discuss together

Motion for mistrial is left under advisement. #RittnhouseTrial

Judge Schroeder is back -- The jurors will be able to play everything they want from the courtroom.

THE COURTROOM IS BEING CLEARED OF THE PUBLIC SO THEY CAN USE IT AS THE DELIBERATION ROOM.

The cameras are being shut down as well.

The drone video is allowed to be viewed as much as the jurors want. They can discuss and have complete freedom and privacy to discuss.

Deputies have done a sweep of the courtroom.

When the jurors are done, they'll return to jury room.

"No sitting in my chair" - Judge Schroeder to the jurors.

Juror: "How would you know?"

Schroeder: Good question, good question.

Cameras are now OFF.

By the way- this is what Question 5 was for what jurors wanted to see:

FBI video with the circles around all persons of interest including Ziminskys

Full 38 second drone video but NOT THE STILL

(Continued in next tweet)

The drone video that the crime lab spliced up into 3 normal speed videos and 3 slow motion videos

(The three sections show Kyle Rittenhouse coming on to scene, the beginning of chase and the chase to the shooting.)

"KPD is aware of numerous attempts by malicious actors to spread disinformation on various social media platforms. To date, there is no credible threat to public safety."

https://twitter.com/KenoshaPolice/status/1461082680171323392?s=20

Things are getting testy outside the courthouse, according to @katarinav9 and @meganmarshalltv

Jurors are done in the courtroom watching the video they wanted to see.

As for what comes next?

Who knows.

Per @mtarm with the AP -->

https://twitter.com/mtarm/status/1461098804950847489?s=20

Judge is calling jury down

#UPDATE: JURY IS DONE FOR THE DAY.

Returning tomorrow morning for day 3 of deliberations at 9 a.m.

We're approaching 17 hours behind closed doors #RittenhouseTrial

The 6 alternates have to come back tomorrow too.

Join us on @SpectrumNews1WI starting at 5 as we recap this rather eventful day #RittenhouseTrial