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US Rittenhouse jury to resume after fresh mistrial request

07:45  18 november  2021
07:45  18 november  2021 Source:   msn.com

EXPLAINER: Did state's own witnesses hurt Rittenhouse case?

  EXPLAINER: Did state's own witnesses hurt Rittenhouse case? KENOSHA, Wisconsin (AP) — Prosecutors wrapped up more than a week of testimony at Kyle Rittenhouse’s homicide trial after calling more than a dozen witnesses — some appearing to help the defense more than the prosecution. The onus was on prosecutors to counter Rittenhouse’s self-defense claim in shooting dead two protesters and wounding a third at a protest in Kenosha last year following the shooting of Jacob Blake, who is Black, by a white police officer. The defense team began their case on Tuesday.

KENOSHA, Wis. (AP) — The jury in Kyle Rittenhouse's trial was to move into a third day of deliberations Thursday, even as its request to re-watch video in the case sparked a fresh bid from his attorneys for a mistrial.

Kyle Rittenhouse looks back before going on a break during his trail at the Kenosha County Courthouse in Kenosha, Wis., on Monday, Nov. 15, 2021. (Sean Krajacic/The Kenosha News via AP, Pool) © Provided by Associated Press Kyle Rittenhouse looks back before going on a break during his trail at the Kenosha County Courthouse in Kenosha, Wis., on Monday, Nov. 15, 2021. (Sean Krajacic/The Kenosha News via AP, Pool)

Judge Bruce Schroeder did not immediately rule on the request, which stemmed from the defense team's assertion that it received an inferior copy of a potentially critical video from prosecutors. It was the second mistrial motion from the defense in a week.

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.

A protester carrying a rifle leaves the the Kenosha County Courthouse after speaking with Kenosha County Sheriffs Department officers, Wednesday, Nov. 17, 2021 in Kenosha, Wis., during the Kyle Rittenhouse murder trial. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (AP Photo/Paul Sancya) © Provided by Associated Press A protester carrying a rifle leaves the the Kenosha County Courthouse after speaking with Kenosha County Sheriffs Department officers, Wednesday, Nov. 17, 2021 in Kenosha, Wis., during the Kyle Rittenhouse murder trial. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (AP Photo/Paul Sancya)

At issue Wednesday was a piece of drone video that prosecutors showed the jury during closing arguments in an attempt to undermine Rittenhouse's self-defense claim and portray him as the instigator of the bloodshed in Kenosha in the summer of 2020. Prosecutors said the footage showed him pointing his rifle at protesters before the shooting erupted.

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.

Protesters confront each other outside the Kenosha County Courthouse, Tuesday, Nov. 16, 2021, in Kenosha, Wis., during the Kyle Rittenhouse murder trial. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (AP Photo/Paul Sancya) © Provided by Associated Press Protesters confront each other outside the Kenosha County Courthouse, Tuesday, Nov. 16, 2021, in Kenosha, Wis., during the Kyle Rittenhouse murder trial. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (AP Photo/Paul Sancya)

Rittenhouse attorney Corey Chirafisi said the defense initially received a smaller compressed version of the video and didn't get the higher-quality larger one used by the prosecution until the evidence portion of the case was over.

He said that the defense would have approached things differently if it had received the better footage earlier and that it is now asking for “a level, fair playing field.”

Chirafisi said the mistrial request would be made “without prejudice,” meaning prosecutors could still retry Rittenhouse.

Last week, the defense asked for a mistrial with prejudice, meaning Rittenhouse could not be put on trial again. That request was prompted by what the defense said were improper questions asked by prosecutor Thomas Binger during his cross-examination of Rittenhouse.

Jury to begin deliberations at Kyle Rittenhouse murder trial

  Jury to begin deliberations at Kyle Rittenhouse murder trial KENOSHA, Wis. (AP) — Jurors will begin deliberations Tuesday at Kyle Rittenhouse's murder trial after two weeks of testimony in which prosecutors and defense attorneys painted starkly different pictures of his actions the night he shot three men on the streets of Kenosha. Prosecutors claimed in closing arguments Monday that Rittenhouse was a “wannabe soldier” who provoked bloodshed by bringing a semi-automatic rifle to a protest and menacing others, then walking off like a “hero in a Western” after killing two men and wounding a third. © Provided by Associated Press A lone protester stands outside the Kenosha County Courthouse, late Monday, Nov.

Rittenhouse, 18, is on trial on homicide and attempted homicide charges for killing two men and wounding a third with an AR-style semi-automatic rifle during a tumultuous night of protests over the police shooting of Jacob Blake, Black man, by a white police officer. Rittenhouse, a then-17-year-old former police youth cadet, said he went to Kenosha to protect property from rioters.

He shot and killed Joseph Rosenbaum, 36, and Anthony Huber, 26, and wounded Gaige Grosskreutz, now 28. Rittenhouse is white, as were those he shot. The case has become a flashpoint in the debate over guns, racial injustice, vigilantism and self-defense in the U.S.

Rittenhouse could get life in prison if convicted of the most serious charge against him.

The dispute over the video erupted after the jurors asked to re-watch footage on the second day of their deliberations.

Defense attorneys said they would object to the jury viewing the drone video. The same footage prompted a heated dispute earlier in the trial over technical questions of whether a still image taken from the video was distorted when it was enlarged.

Things we've learned from Kyle Rittenhouse's trial that challenged challenge assumptions that emerged over the last 15 months.

  Things we've learned from Kyle Rittenhouse's trial that challenged challenge assumptions that emerged over the last 15 months. Kyle Rittenhouse's homicide trial in Wisconsin has been highlighted by the emotional testimony of the 18-year-old man whose actions as a minor have become emblematic of a divided America. © Sean Krajacic/Pool/Getty Images KENOSHA, WISCONSIN - NOVEMBER 17: Kyle Rittenhouse listens as attorneys discuss the potential for a mistrial during Rittenhouse's trial at the Kenosha County Courthouse on November 17, 2021 in Kenosha, Wisconsin.

Kyle Rittenhouse's attorneys, Mark Richards, left, and Corey Chirafisi, listen as Judge Bruce Schroeder talks during the trial at the Kenosha County Courthouse in Kenosha, Wis., on Tuesday, Nov. 16, 2021.  Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year.   (Sean Krajacic/The Kenosha News via AP, Pool) © Provided by Associated Press Kyle Rittenhouse's attorneys, Mark Richards, left, and Corey Chirafisi, listen as Judge Bruce Schroeder talks during the trial at the Kenosha County Courthouse in Kenosha, Wis., on Tuesday, Nov. 16, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (Sean Krajacic/The Kenosha News via AP, Pool)

The prosecution contends the video proves Rittenhouse lied on the stand when he said he didn’t point his rifle at protesters. But the key moment in the video is hard to decipher because of how far away the drone was and how small a figure Rittenhouse is in the frame.

A smaller file size or lower-resolution video file is fuzzier and grainier, particularly if played on a larger screen, said Dennis Keeling, an adjunct professor in the cinema and television arts department at Columbia College Chicago. That’s why people working with video footage are careful to check the file size, length and other details after making a copy to ensure the new version is what they wanted, he added.

Kyle Rittenhouse pulls numbers of jurors out of a tumbler during his trial at the Kenosha County Courthouse in Kenosha, Wis., on Tuesday, Nov. 16, 2021. The jurors selected through this process will not participate in deliberations. (Sean Krajacic/The Kenosha News via AP, Pool) © Provided by Associated Press Kyle Rittenhouse pulls numbers of jurors out of a tumbler during his trial at the Kenosha County Courthouse in Kenosha, Wis., on Tuesday, Nov. 16, 2021. The jurors selected through this process will not participate in deliberations. (Sean Krajacic/The Kenosha News via AP, Pool)

Prosecutors told the judge Wednesday that the jury saw the highest-quality version during the trial and that it was not the state's fault that the file size got smaller when received by the defense.

The Kyle Rittenhouse verdict, explained: 'If you believe him when he says self-defense, then you have to acquit him'

  The Kyle Rittenhouse verdict, explained: 'If you believe him when he says self-defense, then you have to acquit him' Why did jurors acquit Kyle Rittenhouse? "If you've got them convinced of self-defense, that's it," one legal expert told USA TODAY.When they do, they'll likely be asked: Where did they find reasonable doubt?

“We’re focusing too heavily on a technological glitch," prosecutor James Kraus said.

The judge said he had “qualms” about admitting the video during the trial, but because it had already been shown in court, he would allow the jury to re-watch it during deliberations.

Clyde McLemore, founder of Black Lives Matter North Chicago Chapter, left, argues with Patricia McCloskey, right, as her husband, Mark, center, gives an interview in front of the Kenosha County Courthouse during Kyle Rittenhouse's trial in Kenosha, Wis. Tuesday, Nov. 16, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (Sean Krajacic/The Kenosha News via AP) © Provided by Associated Press Clyde McLemore, founder of Black Lives Matter North Chicago Chapter, left, argues with Patricia McCloskey, right, as her husband, Mark, center, gives an interview in front of the Kenosha County Courthouse during Kyle Rittenhouse's trial in Kenosha, Wis. Tuesday, Nov. 16, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (Sean Krajacic/The Kenosha News via AP)

But if it turns out the video should not have been admitted into evidence, “it’s going to be ugly,” Schroeder warned.

Judge Bruce Schroeder speaks to the attorneys about how the jury will view evidence as they deliberate during Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Wednesday, Nov. 17, 2021.  (Sean Krajacic/The Kenosha News via AP, Pool) © Provided by Associated Press Judge Bruce Schroeder speaks to the attorneys about how the jury will view evidence as they deliberate during Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Wednesday, Nov. 17, 2021. (Sean Krajacic/The Kenosha News via AP, Pool)

He said the mistrial request will have to be addressed if there is a guilty verdict.

Kenosha County Sheriffs Department officers question a protester carrying a rifle outside the Kenosha County Courthouse, Wednesday, Nov. 17, 2021 in Kenosha, Wis., during the Kyle Rittenhouse murder trial. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (AP Photo/Paul Sancya) © Provided by Associated Press Kenosha County Sheriffs Department officers question a protester carrying a rifle outside the Kenosha County Courthouse, Wednesday, Nov. 17, 2021 in Kenosha, Wis., during the Kyle Rittenhouse murder trial. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (AP Photo/Paul Sancya)

If Rittenhouse is acquitted, the issue will be moot. But if he is found guilty, a mistrial ruling would essentially void the verdict.

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

  Rittenhouse lawyers' trial playbook: Don't 'crusade,' defend 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. “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.

Natalie Wisco, an attorney for Kyle Rittenhouse, looks through a laptop that may be used for the jury to view evidence videos while they deliberate in Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Wednesday, Nov. 17, 2021. (Sean Krajacic/The Kenosha News via AP, Pool) © Provided by Associated Press Natalie Wisco, an attorney for Kyle Rittenhouse, looks through a laptop that may be used for the jury to view evidence videos while they deliberate in Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Wednesday, Nov. 17, 2021. (Sean Krajacic/The Kenosha News via AP, Pool)

Julius Kim, a Milwaukee-based defense attorney who has been watching the case, said a mistrial could be declared even if the judge finds it was an honest mistake or a technical problem.

But to win a mistrial, the defense will have to meet a high bar and explain to the judge why what happened actually hurt Rittenhouse, said Ion Meyn, an assistant professor at the University of Wisconsin Law School.

“You can’t just say, ‘The state gave me a lower-quality video and therefore I get a mistrial,’" Meyn said. “That’s a losing argument for sure.”

Earlier in the day, the judge criticized news coverage of the case and second-guessing from legal experts in the media, saying he would “think long and hard” about allowing televised trials in the future.

He took exception to news stories about his decisions not to allow the men Rittenhouse shot to be called “victims” and to let Rittenhouse draw the lots that determined which jurors were alternates. The judge also complained about criticism that he had yet to rule on the earlier mistrial request.

Schroeder said he hadn't had a chance to read the motion because he had just received it and wanted to give the state a chance to weigh in.

“It’s just a shame that irresponsible statements are being made,” the judge said of comments in a Milwaukee Journal Sentinel story from law school professors.

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Forliti reported from Minneapolis; Bauer from Madison, Wisconsin. Associated Press writer Tammy Webber contributed from Fenton, Michigan; Kathleen Foody from Chicago.

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

Protesters trace route Rittenhouse took in Kenosha .
KENOSHA, Wis. (AP) — Several dozen people gathered below the wind-whipped Wisconsin flag at Kenosha's Civic Center Park on Sunday and warmed up with chants for justice before taking to the streets in protest of the acquittal of Kyle Rittenhouse. Demonstrators traced the route Rittenhouse took the night in August last year when he shot and killed two people and wounded a third during protests over police brutality. They carried signs that said “Reject Racist Vigilante Terror” and “THE WHOLE SYSTEM IS GUILTY!” A couple of protesters carried long guns.

usr: 6
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