The Kyle Rittenhouse trial in Kenosha
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Hung jury is bad for him because they re-try him.
Seems just as likely as acquittal given 3 days of deliberation
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My understanding is that a key point is determining if he provoked the first person who came at him. Supposedly under Wisconsin law if the attack were unprovoked, his use of deadly force to protect himself could be justified. On the other hand, if he taunted or did something to provoke an attack, then he's on the hook for the shooting. The fact that the jury was closely examining the video to determine if he provoked the assault says they're focusing on a significant component of the evidence.
Most of us do some pretty stupid or at least ill-advised things in our teens. This kid is really paying for it.
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@jon-nyc said in The Kyle Rittenhouse trial in Kenosha:
Hung jury is bad for him because they re-try him.
Yes.
The big problem with that is $$$$, which, apparently in his case is not a huge problem.
The lawyers who were live-blogging commented that the defense made some MAJOR errors (perhaps even malpractice-level), so his new team (assuming he gets a new team) would learn from those errors and prepare a better defense.
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Also, regarding provocation:
The FIRST person to attack Rittenhouse was the "Ziminskies" (sp?). He heard gunshots coming from them, and BInger plans to prosecute them. When he started to run from the sound of gunshots, Rosenbaum chased him and threw something at him. When cornered at the car dealership, he shot Rosenbaum, killing him.
Interestingly (?) the state's evidence of that has cropped the Ziminskies out of the video.
That's prosecutorial misconduct, because it gets rid of the reason for Rittenhouse having the state of mind in which he was at the time.
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@george-k said in The Kyle Rittenhouse trial in Kenosha:
@jon-nyc said in The Kyle Rittenhouse trial in Kenosha:
Hung jury is bad for him because they re-try him.
Yes.
The big problem with that is $$$$, which, apparently in his case is not a huge problem.
The lawyers who were live-blogging commented that the defense made some MAJOR errors (perhaps even malpractice-level), so his new team (assuming he gets a new team) would learn from those errors and prepare a better defense.
I suspect any lawyer makes mistakes or overlooks some things in a trial with this many moving parts.
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@george-k said in The Kyle Rittenhouse trial in Kenosha:
Joe Concha just said that the MSNBC producer has deleted her (his?) social media accounts.
I'm not saying that there's any guilt there, but maybe there's some feeling of guilt there?
Irene Byon. Twitter and LinkedIn.
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@george-k said in The Kyle Rittenhouse trial in Kenosha:
Also, regarding provocation:
The FIRST person to attack Rittenhouse was the "Ziminskies" (sp?). He heard gunshots coming from them, and BInger plans to prosecute them. When he started to run from the sound of gunshots, Rosenbaum chased him and threw something at him. When cornered at the car dealership, he shot Rosenbaum, killing him.
Interestingly (?) the state's evidence of that has cropped the Ziminskies out of the video.
That's prosecutorial misconduct, because it gets rid of the reason for Rittenhouse having the state of mind in which he was at the time.
Oh, it gets better...Ziminski was charged with arson by the DA and is awaiting trial. As such, he was unable to testify in the Rittenhouse trial. He was not charged with arson until this year. Ziminski has stated he fired a "warning shot" into the air, which would have been the first shot fired.
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Now...Did the DA's office manipulate video on purpose? The theory emerges on this podcast:
Link to video -
@george-k said in The Kyle Rittenhouse trial in Kenosha:
Kenosha "Hero" identified.
Throughout the trial of Kyle Rittenhouse, one of the alleged “victims” was known only as “jump kick man” and identified only by his action and his pants. It now turns out that the prosecutors knew not only who he was but where he was before the trial. The question is whether the defense was informed that “jump kick man” was actually Maurice Freeland, 39.
The video played at trial appears to show Freeland running at Rittenhouse and kicking him shortly after Rittenhouse shot and killed Joseph Rosenbaum. Rittenhouse insisted that he shot at Freeland in self-defense.
The incident became Count 3 against Rittenhouse for first-degree recklessly endangering safety, use of a dangerous weapon. That count carries a possible prison term of 12 1/2 years in prison with the possible addition of five more years on the weapon element.
Once the prosecutors were forced to drop the sixth count on unlawful possession, the third count became arguably their best chance for a compromise verdict.
While the prosecutors would likely object, the defense could have sought to introduce Freeland’s record (particularly for any impeachment effort). He has a lengthy criminal history in Wisconsin, including charges for battery, disorderly conduct and driving while intoxicated this year. That means that all of the alleged victims had criminal records. In Freeland’s case, he has an open criminal complaint for domestic violence for an attack on his partner in a drunken rage, ultimately throwing her to the ground and kicking her in her ribcage before she managed to flee. He has various violent offenses in his record as well as escaping from custody and parole violations.
There is no confirmation whether this information was withheld from the defense. That would be a serious violation, if true. It would add to a lengthening list of blunders and alleged violations committed by the prosecution.
Not only did the DA know who this guy was, one of the prosecutors, Krauss, had prosecuted him in the past.
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Mistrial. For multiple reasons.
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@george-k said in The Kyle Rittenhouse trial in Kenosha:
@jolly said in The Kyle Rittenhouse trial in Kenosha:
The theory emerges on this podcast:
tl;dl
Where, in the 2 hour podcast, do they talk about this?
Somewhere around the 25 minute mark or just a minute later...
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Branca: "I see FOX News is reporting that yesterday Rittenhouse defense told them that prosecution always knew who “jump kick man” was and withheld that information."
https://www.foxnews.com/us/kyle-rittenhouse-trial-identity-of-mysterious-jump-kick-man-revealed
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cnn:
The jury has reached a verdict in the homicide trial of Kyle Rittenhouse, the teenager accused of killing two people and shooting another during unrest in Kenosha, Wisconsin, last summer.
The verdict will be read in court shortly.
Rittenhouse, now 18, is charged with five felonies.
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@george-k said in The Kyle Rittenhouse trial in Kenosha:
Not guilty on all 5 counts.
As it should be
Now, the kid needs to sue the crap out of some people and keep his nose clean.