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Crime Rittenhouse lawyers' trial playbook: Don't 'crusade,' defend

20:40  20 november  2021
20:40  20 november  2021 Source:   msn.com

EXPLAINER: Could jury weigh lesser charges for Rittenhouse?

  EXPLAINER: Could jury weigh lesser charges for Rittenhouse? MADISON, Wis. (AP) — Prosecutors in Kyle Rittenhouse's murder trial could ask the jury to consider lesser charges when it gets the case, a move that could secure a conviction for some crime but take a possible life sentence off the table. Kenosha County Assistant District Attorney Thomas Binger has struggled to counter Rittenhouse's self-defense arguments during the Illinois man's trial, raising questions about whether his office overcharged Rittenhouse. Daniel Adams, a former Milwaukee County assistant district attorney who isn't involved in the trial, described Binger's case as “incredibly underwhelming.”“He's got nothing,” Adams said.

Soon after a Wisconsin jury acquitted Kyle Rittenhouse of all charges against him, defense attorney Mark Richards took a swipe at his predecessors, telling reporters that their tactics — leaning into Rittenhouse's portrayal as a rallying point for the right to carry weapons and defend oneself — were not his.

Mark Richards, defense attorney for Kyle Rittenhouse, paces the courtroom before the start of the days proceedings in the Rittenhouse trial at the Kenosha County Courthouse in Kenosha, Wis., on Monday, Nov. 15, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year.  (Mark Hertzberg /Pool Photo via AP) © Provided by Associated Press Mark Richards, defense attorney for Kyle Rittenhouse, paces the courtroom before the start of the days proceedings in the Rittenhouse trial at the Kenosha County Courthouse in Kenosha, Wis., on Monday, Nov. 15, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (Mark Hertzberg /Pool Photo via AP)

“I was hired by the two first lawyers. I’m not going to use their names,” Richards said Friday. “They wanted to use Kyle for a cause and something that I think was inappropriate — and I don’t represent causes. I represent clients.”

EXPLAINER: Did Rittenhouse lawyers do enough to prevail?

  EXPLAINER: Did Rittenhouse lawyers do enough to prevail? KENOSHA, Wisconsin (AP) — When Kyle Rittenhouse took the stand to testify about his actions the night he shot three men on the streets of Kenosha — sobbing and seemingly unable to continue as he approached the critical moment where he shot the first man — it was one of the most compelling moments in his two-week murder trial. It might have been the most effective part of his three-day defense, too, potentially swaying any jurors inclined toward sympathy for the 18-year-old who has claimed self-defense in the shootings that left two of the men dead.

Richards, beaming as he talked to reporters outside his Racine law office after the acquittal, said that to him, the only thing that mattered was “whether he was found not guilty or not.”

Mark Richards, lead attorney for Kyle Rittenhouse, left, with help from Kenosha Police Department Detective Ben Antaramian, right, gets help demonstrating how the Joseph Rosenbaum could have gotten shot in the hand by Kyle Rittenhouse as Dr. Douglas Kelley, a forensic pathologist with the Milwaukee County Medical Examiner's Office, center, testifies at the Kenosha County Courthouse in Kenosha, Wis., on Tuesday, Nov. 9, 2021. ( Sean Krajacic/The Kenosha News via AP, Pool) © Provided by Associated Press Mark Richards, lead attorney for Kyle Rittenhouse, left, with help from Kenosha Police Department Detective Ben Antaramian, right, gets help demonstrating how the Joseph Rosenbaum could have gotten shot in the hand by Kyle Rittenhouse as Dr. Douglas Kelley, a forensic pathologist with the Milwaukee County Medical Examiner's Office, center, testifies at the Kenosha County Courthouse in Kenosha, Wis., on Tuesday, Nov. 9, 2021. ( Sean Krajacic/The Kenosha News via AP, Pool)

It seemed an apt comment from Richards. Along with co-counsel Corey Chirafisi, he spent the months leading up to the case in virtual silence — “I don't do interviews,” he said brusquely to one emailed request in December — and sought at trial to minimize the polarizing questions about Second Amendment rights.

A look at key points in Kyle Rittenhouse closing arguments

  A look at key points in Kyle Rittenhouse closing arguments MADISON, Wis. (AP) — Attorneys in Kyle Rittenhouse's murder trial sparred for the last time Monday during closing arguments, with prosecutors painting Rittenhouse as an inexperienced instigator and defense lawyers insisting the Illinois man fired in self-defense. Rittenhouse shot and killed Joseph Rosenbaum and Anthony Huber and wounded Gaige Grosskreutz during street unrest in Kenosha, Wisconsin, in August 2020. He has claimed self-defense, while prosecutors have argued he was an inexperienced and overmatched teen who provoked violence by showing up with a rifle.

Hours after the verdict, Fox News touted an exclusive interview and upcoming documentary on Rittenhouse, with footage that made it clear a crew had been embedded with him during the trial. Richards told The Associated Press on Saturday that he opposed the crew as inappropriate, but that it was arranged by those raising money for Rittenhouse.

Kyle Rittenhouse hugs one of his attorneys, Corey Chirafisi, after he is found not guilty on all counts at the Kenosha County Courthouse in Kenosha, Wis., on Friday, Nov. 19, 2021.  The jury came back with its verdict afer close to 3 1/2 days of deliberation.  (Sean Krajacic/The Kenosha News via AP, Pool) © Provided by Associated Press Kyle Rittenhouse hugs one of his attorneys, Corey Chirafisi, after he is found not guilty on all counts at the Kenosha County Courthouse in Kenosha, Wis., on Friday, Nov. 19, 2021. The jury came back with its verdict afer close to 3 1/2 days of deliberation. (Sean Krajacic/The Kenosha News via AP, Pool)

“It was not approved by me, but I’m not always in control," he said, adding that he had to toss the crew out of the room on several occasions: “I think it detracted from what we were trying to do, and that was obviously to get Kyle found not guilty.”

Rittenhouse case raises question: What makes a fair trial?

  Rittenhouse case raises question: What makes a fair trial? MADISON, Wis. (AP) — At one point, the 18-year-old murder defendant stood behind the seated, black-robed judge and peered over him to review evidence. At another, on Veterans Day, the judge led the jury and others in the courtroom in applause for veterans just as a defense witness who had served in the Army was about to testify. And as the case neared its conclusion, the judge permitted the defendant to draw numbers from a raffle drum to determine which jurors would serve as alternates — creating the appearance, however small, that the defendant was helping to administer his own trial.

Regardless of what was happening behind the scenes, the strategy from Richards and Chirafisi in court was clear: get the jury to regard Rittenhouse as a scared teenager who shot to save his life.

They repeatedly focused on the two minutes, 55 seconds in which the shootings unfolded — the critical moments in which Rittenhouse, then 17, said he felt a threat and pulled the trigger.

“These guys have a client who is a human being … that’s what they’re rightly focused on,” said Dean Strang, a defense attorney and distinguished professor in residence at Loyola University Chicago School of Law. Strang, who spoke to the AP before Friday’s verdict and who wasn't connected to the case, said Richards and Chirafisi see Rittenhouse "as an 18-year-old kid who landed in a whole lot of trouble, more than he could handle.”

Kyle Rittenhouse is comforted by his lawyer as he was acquitted of all charges at the Kenosha County Courthouse in Kenosha, Wis., on Friday, Nov. 19, 2021.  The jury came back with its verdict after close to 3 1/2 days of deliberation. (AP Photo) © Provided by Associated Press Kyle Rittenhouse is comforted by his lawyer as he was acquitted of all charges at the Kenosha County Courthouse in Kenosha, Wis., on Friday, Nov. 19, 2021. The jury came back with its verdict after close to 3 1/2 days of deliberation. (AP Photo)

In the days after the shootings, Rittenhouse — who brought an AR-style rifle to a protest, saying he was protecting a stranger’s property — was initially represented by attorneys John Pierce and Lin Wood, who painted Rittenhouse as a defender of liberty and a patriot who was exercising his right to bear arms. Pierce tweeted a video of Rittenhouse speaking by phone from a jail in Illinois, where he's from, thanking supporters. A video released by a group tied to his legal team said Rittenhouse was being “sacrificed by politicians” whose “end game” was to stop the “constitutional right of all citizens to defend our communities.”

Kyle Rittenhouse trial: Jury still deliberating verdict as judge considers mistrial over drone video

  Kyle Rittenhouse trial: Jury still deliberating verdict as judge considers mistrial over drone video Jurors in the Kyle Rittenhouse trial were to deliberate for a third day while the judge considers a request from the defense for a mistrial. Your browser does not support this video A key piece of evidence in the prosecution's case — a drone video that shows Rittenhouse fatally shooting the first man he fired at on the night of Aug. 25, 2020 — was called into question Wednesday when Rittenhouse's defense lawyers said they received a lower quality version of the clip.

Kyle Rittenhouse, center, enters the courtroom with his attorneys Mark Richards, left, and Corey Chirafisi for a meeting called by Judge Bruce Schroeder at the Kenosha County Courthouse in Kenosha, Wis., on Thursday, Nov. 18, 2021.  (Sean Krajacic/The Kenosha News via AP, Pool) © Provided by Associated Press Kyle Rittenhouse, center, enters the courtroom with his attorneys Mark Richards, left, and Corey Chirafisi for a meeting called by Judge Bruce Schroeder at the Kenosha County Courthouse in Kenosha, Wis., on Thursday, Nov. 18, 2021. (Sean Krajacic/The Kenosha News via AP, Pool)

Rivers of money flowed in to a legal defense fund — more than enough for Rittenhouse to post his $2 million bail — but Wood left the case and became active in pressing the false claim that Donald Trump had won the presidential election. Pierce left the criminal case in December after prosecutors said he shouldn’t be allowed to raise money for Rittenhouse, but he stayed on the civil side of things until Rittenhouse said he fired him in February.

On Friday, Richards recounted his first meeting with Rittenhouse: “I told him when I first met him, if he’s looking for somebody to go off on a crusade, I wasn’t his lawyer.”

FILE - Kyle Rittenhouse, left, looks on as his attorney Mark Richards questions him as he testifies during his trial at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 10, 2021. Mental health advocates say that during closing arguments, Richards dangerously implied that people with mental illnesses are homicidal and need to be killed. ( Sean Krajacic/The Kenosha News via AP, Pool, File) © Provided by Associated Press FILE - Kyle Rittenhouse, left, looks on as his attorney Mark Richards questions him as he testifies during his trial at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 10, 2021. Mental health advocates say that during closing arguments, Richards dangerously implied that people with mental illnesses are homicidal and need to be killed. ( Sean Krajacic/The Kenosha News via AP, Pool, File)

Richards — gravel-voiced, gruff and often sprawled back in his chair during the proceedings — had seemed to be the lead attorney in the months leading up to the trial. After the verdicts, he called Chirafisi his co-counsel — “not second chair” — and referred to him as his “best friend."

Kyle Rittenhouse Found Not Guilty of All Charges in Fatal Shooting of 2 Men At Black Lives Matter Protest

  Kyle Rittenhouse Found Not Guilty of All Charges in Fatal Shooting of 2 Men At Black Lives Matter Protest Kyle Rittenhouse, then 17, was accused of homicide for using an AR-style rifle to kill two people during a protest over police brutality in Kenosha, Wisc., last yearJurors embraced the claim that Kyle Rittenhouse was defending himself when he fatally shot two men and injured a third last year, clearing him of homicide Friday along with all related charges that included recklessly brandishing a dangerous weapon during a Black Lives Matter protest over police brutality in Kenosha, Wisc.

FILE - Judge Bruce Schroeder, left, Kyle Rittenhouse, center, along with his attorney Mark Richards watch an evidence video in question on a 4k television screen during proceedings at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 12, 2021. As Rittenhouse’s trial has played out, moments of apparent deference to the defendant by the judge have struck observers as curiously different from other murder proceedings. (Sean Krajacic/The Kenosha News via AP, Pool, File) © Provided by Associated Press FILE - Judge Bruce Schroeder, left, Kyle Rittenhouse, center, along with his attorney Mark Richards watch an evidence video in question on a 4k television screen during proceedings at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 12, 2021. As Rittenhouse’s trial has played out, moments of apparent deference to the defendant by the judge have struck observers as curiously different from other murder proceedings. (Sean Krajacic/The Kenosha News via AP, Pool, File)

They came to court prepared. Richards used several videos during his opening statement — over the objection of prosecutors who did not seize on that opportunity.

They argued vehemently for a mistrial when they felt prosecutors were acting in bad faith, and appeared to outmaneuver prosecutors in getting a gun charge dismissed.

And they made a careful calculation with perhaps their biggest decision: whether Rittenhouse should take the stand, risking a potentially damaging cross-examination. Richards said they tested their case against a pair of mock juries and found it was “substantially better” with Rittenhouse testifying.

Mark Richards, Kyle Rittenhouse's lead attorney, gives his closing argument during Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Monday, Nov. 15, 2021. Rittenhouse, an aspiring police officer, shot two people to death and wounded a third during a night of anti-racism protests in Kenosha in 2020. (Sean Krajacic/The Kenosha News via AP, Pool) © Provided by Associated Press Mark Richards, Kyle Rittenhouse's lead attorney, gives his closing argument during Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Monday, Nov. 15, 2021. Rittenhouse, an aspiring police officer, shot two people to death and wounded a third during a night of anti-racism protests in Kenosha in 2020. (Sean Krajacic/The Kenosha News via AP, Pool)

“It wasn’t a close call,” he said.

Opinion: What we can -- and can't -- expect from the Rittenhouse jury

  Opinion: What we can -- and can't -- expect from the Rittenhouse jury Intense media coverage pushes a public already sharply divided by political differences to expect a social and political message from the jury's verdict. But the law requires something entirely different: a strict analysis of the facts and law by 12 ordinary citizens insulated from outside pressure. The evidence presented during the trial has put a full menu of political issues front and center, triggering a divisive national debate.

Richards is a courtroom veteran and was a prosecutor in Racine and Kenosha counties in the late 1980s before he opened his own firm in 1990 that specializes in criminal defense. Chirafisi is also a former prosecutor and has been practicing law for more than 20 years. His law firm is in Madison.

The attorneys repeatedly pushed back against prosecutors’ notion that Rittenhouse was an outsider drawn to Kenosha by the chaos, noting that although he lived in nearby Antioch, Illinois, his father lived in Kenosha and Rittenhouse worked in Kenosha County as a lifeguard. Richards shared his own distress at watching the violence in Kenosha from his home in Racine after the shooting of Jacob Blake, a Black man, by a white police officer.

While prosecutors tried to show that Rittenhouse acted as a vigilante who overreacted, he and his lawyers argued that he was defending himself. “You as jurors will end up looking at it from the standpoint of a 17-year-old under the circumstances as they existed,” Richards told the jury.

When Rittenhouse was on the stand, they were quick to object to the prosecutor's cross-examination, calling it badgering.

In one fiery moment of the trial, after the defense objected to prosecutor Thomas Binger's line of questioning, Chirafisi raised the prospect that Binger was trying to provoke a mistrial because the state was faring poorly.

“I don’t know that it’s my role to sit here and say who’s winning,” Chirafisi told the judge. “I don’t think that’s necessarily what I’m supposed to do. But I think the court has to make some findings as it relates to the bad faith on the part of the prosecution.”

Richards and Chirafisi split the duties at trial, with Richards doing the opening statement and closing argument and Chirafisi handling much of the witness testimony. Richards said the two argued over who would question Gaige Grosskreutz, the man who had a gun in his hand when Rittenhouse shot and wounded him.

Richards said Chirafisi won — and did a better job than he would have. Chirafisi got Grosskreutz to admit that he had pointed his gun at Rittenhouse.

“It wasn’t until you pointed your gun at him, advanced on him … that he fired, right?” Chirafisi asked.

“Correct,” Grosskreutz replied. Under follow-up questioning from the prosecutor, Grosskreutz said he never meant to point his weapon at Rittenhouse.

Strang, who helped represent Steven Avery in the case documented by the Netflix “Making a Murderer” series, described Chirafisi as quick-witted and always engaged in the courtroom. Strang said Richards is slow to anger, but “won't let go” if he thinks something is unfair.

That was evident during Richards’ closing argument when, in his booming voice, he looked at the prosecutors' table and repeatedly accused Binger of lying. Jurors appeared riveted. Richards repeated his distaste for the way prosecutors presented their case on Friday.

He also blamed social media for spreading what he called “not the true story” of the events in Kenosha right after they happened — “something we had to work to overcome in court.”

“I knew this case was big,” Richards told reporters. “I never knew it was going to be this big.”

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Forliti reported from Minneapolis. Associated Press writer Scott Bauer in Madison, Wisconsin, contributed to this report.

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Find the AP’s full coverage of the Rittenhouse trial: https://apnews.com/hub/kyle-rittenhouse

Acquitted and in demand, Rittenhouse ponders what's next .
KENOSHA, Wis. (AP) — When he was acquitted of murder in shootings during unrest in Wisconsin, Kyle Rittenhouse went from staring at possible life behind bars to red-hot star of the right: an exclusive interview with Tucker Carlson and a visit with Donald Trump at Mar-a-Lago capped by a photo of both men smiling and snapping a thumbs-up. For Rittenhouse, a year of legal uncertainty over whether his claim of self-defense would stand up has given way to uncertainty over what’s next. He told Carlson, in an appearance that spiked the host’s ratings by some 40%, that he hoped to become a nurse or maybe even a lawyer. He planned to “lay low” but would for sure leave the Midwest.

usr: 1
This is interesting!