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…
Latest analysis of the case and the jury from a very busy @Julius_Kim ahead of the second day of #KyleRittenhouse deliberations:
The jury has asked if they watch can the videos in the courtroom or in the deliberation room? And then asked if they need to provide the specific numbers of the videos. #KyleRittenhouse
Richards says the defense has another motion for mistrial pending, saying the drone video provided to them by the state was not the same quality
Judge Schroeder says he hasn't ruled on the first motion to dismiss because he hasn't had a chance to even read it yet. #KyleRittenhouse
Schroeder now going into why he does not allow the term 'witness' in his courtroom.
Schroeder on why defendants draw the numbers that pick the jury. Cites an old case he tried in which there was a Black defendant: there were 13 jurors, the clerk pulled a number, and the only Black juror was dismissed. Says it was "bad optics". Now he lets the defendant draw.
After the tangents, he's finally getting to the juries question now: says the jury will come to the courtroom to view the requested videos. Binger says they can watch unlimited, Richards says three or four times is enough #KyleRittenhouse
Schroeder says the courtroom will be cleared for the jury to watch so as to encourage conversation while they view the evidence #KyleRittenhouse
Second question: Exhibit number would be helpful, but a general description or title should suffice. Both Binger and Richards agree. There were dozens of videos introduced during the trial; it might be hard for the jury to remember specific numbers
Schroeder says he'll need to read up on if he, the attorneys, and/or defendant should be in the courtroom while the jury watches the videos. Media and other attendees will have to leave #KyleRittenhouse
Court cameras have gone dark in preparation for the jury’s return to watch evidence
.@CBS58 has secured the motion for mistrial from the Kenosha County Circuit Clerk. Here are the sections pertinent to the drone video. It claims "the video provided to the defense was not as clear as the video kept by the state." #KyleRittenhouse
@CBS58 More: the defense claims it only got the same quality of video from the state on Saturday, Nov 13 (after testimony concluded). "Failure to provide same quality footage" is "intentional and clearly prejudices the defendant." #KyleRittenhouse
@CBS58 Conclusion of motion: asking for mistrial with prejudice, citing "prosecutorial overreaching" existed, and was intentional and in bad faith. More in moments at noon from @KristenBarbar on @CBS58
@CBS58@KristenBarbar Judge, attorneys trying to determine how many times jury can play videos. Defense attorney Chirafisi sites SCOTUS case in which playing it once prevents over-emphasis. Kraus says that case refers to statements, not video. Stream on @CBS58: #KyleRittenhouse cbs58.com/stream/live-st…
@CBS58@KristenBarbar Earlier the judge said he'd clear the courtroom for the jury to watch, but Kraus says the SCOTUS case they cite refers to open court. Says it might make jury uncomfortable #KyleRittenhouse
@CBS58@KristenBarbar Schroeder says his intellect leads him to agree the jury should watch, re-watch, pause, etc as much as they want. He says that's how the Dzhokhar Tsarnaev case (Boston bombing) was deliberated. #KyleRittenhouse
@CBS58@KristenBarbar Schroeder says he has now read the defense's motion for mistrial. Recalls his "house of cards" comment a few days ago if the video at the center of the case is later found problematic. No ruling on the motion; Kraus says it's "factually inaccurate" #KyleRittenhouse
@CBS58@KristenBarbar Kraus re-telling how the person who shot the drone video air-dropped it to Det. Howard Fri. Explains that in transferring the video between phones, it compressed the files, unbeknownst to the state. Kraus: "If I knew how to compress I'd have a much better job." #KyleRittenhouse
@CBS58@KristenBarbar Kraus: "We of course did not mean to give them a different copy." Det. Howard sent him an email with uncompressed file, then he put it on a thumb drive to give to crime lab. He doesn't know how the video given to the defense was compressed #KyleRittenhouse
Kraus & defense attorney Natalie Wisco arguing about how the video was shared & emailed. She says the file name of the compressed is different than original. Judge Schroeder says "obviously we'll have to get someone to testify to this under oath & explain this." #KyleRittenhouse
Judge Schroeder again says "we'll have to take expert testimony under oath." This could throw the entire timeline up in the air. Schroeder says it's a risky strategy by the state to have used the video, he was queasy before & is queasy now #KyleRittenhouse
Kraus proposes showing the jury the image, says "much too much has been made of the image", adding other images have been submitted without opposition. #KyleRittenhouse
Richards asked if jury has asked for "what we're fighting for" and the judge said no. Binger told reporters in court the jury has asked for the disputed drone video. Either way the dispute over the quality of the video is a major issue. Suspend any expectations #KyleRittenhouse
Chirafisi: "We didn't have the clarity or quality" of video the state had, "I think that's been conceded. Says defense would have handled case a little differently. Asking for another mistrial, understanding it'd be without prejudice #KyleRittenhouse
Chirafisi says it's too important with his client facing a potential life sentence, in asking for mistrial. Judge says the urgency is not there if jury isn't asking for the video #KyleRittenhouse
Kraus: "I think we're focusing too heavily on a technological glitch", instead of realizing it's a video the jury has already seen as an exhibit #KyleRittenhouse
Kraus says the defense had access to exhibit and didn't mention anything, and had its own expert that could have looked at the drone video. Says their expert looked at FBI aerial video, probably looked at drone video, didn't raise an issue then. #KyleRittenhouse
Kraus: "State believes all exhibits should go back." "I don't believe an unknown technical incident should result in a mistrial."
Chirafisisi counters: "How would we have objected to something we didn't know existed?" #KyleRittenhouse
Schroeder warns: "A day of reckoning coming." Adds: "[state] knows the risk and has assumed it" #KyleRittenhouse
A lot of commotion outside the courthouse at about 3:55 as Kenosha Police arrest a woman. Unclear why she was arrested. There was a lot of anger in the moment, but it dissipated quickly. Demonstrations much calmer & organized when tv stations went on the air at 4 #KyleRittenhouse
About 50 people start marching in the street as tv stations go on the air at 5
A reminder there are people actively trying to sow discord in Kenosha.
Separate from the battle outside the deliberation room over the quality of the drone video is the discussion inside the room about what that video actually shows. On @CBS58: a recap of the second day of jury deliberations in the #KyleRittenhouse trial: cbs58.com/news/disputed-…
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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
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
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