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re: Rittenhouse day 9-Motions and jury instructions

Posted on 11/12/21 at 5:13 pm to
Posted by Scoob
Near Exxon
Member since Jun 2009
20522 posts
Posted on 11/12/21 at 5:13 pm to
quote:

Honestly, I think the argument the prosecutor would have to make here is worse for his case. He's going to have to say Kyle provoked an attack, and Rosenbaum had the right to defend himself. But the jury is also going to hear that it can't be self defense if someone is retreating. His own argument proves Kyle is innocent, because he retreats after the point the prosecutor is talking about.

Like I said, the prosecutors are appealing to the Karen in the jury.

Seems like most of their case is to state that Kyle Rittenhouse, a 17 yr old living in Illinois (elsewhere), should not have been out there with an AR.
And by simply being there, he provoked the events of the night.

Each individual shooting, I think, has been skewered. The only one remotely in question is the Rosenbaum one, which happens to be the one we have seen to be the most aggressive guy out there. If it's been determined that he went after Rittenhouse and chased him, I can't see the actual conduct being at fault... so they will try to get someone to go with the "this never would have happened" angle.

I'm doubting anybody on the jury will run with that as far as murder; but they might go with a lesser charge.
Posted by imjustafatkid
Alabama
Member since Dec 2011
51032 posts
Posted on 11/12/21 at 5:20 pm to
Honestly, prosecutors who pull this crap should face jail time. Just him being on trial is a travesty of justice. It makes me angry to think about.
Posted by imjustafatkid
Alabama
Member since Dec 2011
51032 posts
Posted on 11/12/21 at 5:32 pm to
My wife just said Fatlock looks like Captain Underpants.
Posted by Putty
Member since Oct 2003
25492 posts
Posted on 11/12/21 at 5:33 pm to
quote:

Is this prosecutor not tired of getting his fricking arse chewed

he’s been scolded in this trial more than I have in my 15 year military career


I'll let a judge chew my arse all day everyday as long as he lets in every piece of shite evidence I have and gives the jury instructions based on said pieces of shite.
Posted by thermal9221
Youngsville
Member since Feb 2005
13334 posts
Posted on 11/12/21 at 5:36 pm to
quote:

I'll let a judge chew my arse all day everyday as long as he lets in every piece of shite evidence I have and gives the jury instructions based on said pieces of shite.


Yeah, that’s pretty much what happened
Posted by TDTOM
Member since Jan 2021
15107 posts
Posted on 11/12/21 at 5:38 pm to
That is exactly what happened.
Posted by BuckyCheese
Member since Jan 2015
50218 posts
Posted on 11/12/21 at 5:47 pm to
Did a little research and find it interesting that both Richards and Chirafisi have been ADA's in Kenosha County in the past. Richards around 1990 and Baldrolexman until 1998.

Richards is out of Racine so likely has been in this judges courtroom a number of times.

Binger worked as an ADA for a number of years before giving private practice a try for around 6-7 years it appears before going back to working for the Kenosha Cty DA in 2015.

Fatlock has never worked in private practice.
This post was edited on 11/12/21 at 5:49 pm
Posted by TDTOM
Member since Jan 2021
15107 posts
Posted on 11/12/21 at 5:49 pm to
Richards should retire after this. His arrogant and incompetent arse may never get another client.
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 11/12/21 at 5:49 pm to
That Ruling on Provocation just ensured that heir is a split jury.

There will be no clear verdict either way.
Posted by Scoob
Near Exxon
Member since Jun 2009
20522 posts
Posted on 11/12/21 at 5:51 pm to
quote:

Just him being on trial is a travesty of justice. It makes me angry to think about.
When we get to the root of this, it makes me angry as well.

Why was he even out there?
Because a 17 yr old boy with a reasonably strong sense of right and wrong, was opposed to seeing rioters and looters destroy his country, and when it started occurring 10 minutes away from his house he felt strongly enough about it that he came out in person.
Why did he have an AR with him?
Probably, he had the (somewhat flawed) notion that being visibly armed would serve as a deterrent to violence. But I would also say he had every right to be concerned about his own safety, as the rioters were committing wanton acts of arson and property damage, and the government was doing zero to stop any of it. The criminal element was completely unopposed (except by citizens like him).

The very argument that he agitated anything by being out there is an indictment against society.

His intent was to protect our society and culture, the rioters were destroying it. Prior to the 1960's, this would have been almost universally been hailed as a "good deed", not something you get arrested for.

Hell, go look at all the Westerns where the band of bad guys go shoot up a town- using the logic of this trial, they should have been allowed to do so, and anyone that stood up to them, trying to protect themselves and their property, would be on trial.
Something's wrong with that.
Posted by TDTOM
Member since Jan 2021
15107 posts
Posted on 11/12/21 at 5:52 pm to
quote:

There will be no clear verdict either way.


Ever
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
40405 posts
Posted on 11/12/21 at 5:53 pm to
quote:

As per Robert Barnes before he was removed from the defense team, and Rich Baris who did the polling, over 2/3 of the residents polled in Kenosha assumed that Rittenhouse was guily and they didn't have an open mind about it either. Barnes wanted to do a very long and specific voir dire to remove these types of people, but instead this terrible defense attorney empaneled the jury in one day. Hopefully they'll be a few on the jury that have an open mind and Rittenhouse can get a mistrial. I think the odds are very low for an acquittal even though it very obvious Rittinghouse is innocent.


The young Turks chick changing her mind is a good sign.
Posted by BuckyCheese
Member since Jan 2015
50218 posts
Posted on 11/12/21 at 5:58 pm to
quote:

The young Turks chick changing her mind is a good sign.




I've been thinking that as well.

Someone mentioned r/wisconsin on reddit the other day so I checked out the big thread there and it was almost all in support of Kyle. Not that they necessarily liked what he did, but seeing the evidence they couldn't possibly convict him of murder.

And being reddit you know the vast majority of them are leftists and a LOT of them were saying their minds had been changed.
Posted by Havoc
Member since Nov 2015
28799 posts
Posted on 11/12/21 at 6:53 pm to
Haven’t seen posted yet…the pic and debunking it.
LINK /

It’s even more pathetic than I thought.
Posted by TDTOM
Member since Jan 2021
15107 posts
Posted on 11/12/21 at 6:58 pm to
The folks on court tv radio doesn't think the state has much.
This post was edited on 11/12/21 at 7:12 pm
Posted by BuckyCheese
Member since Jan 2015
50218 posts
Posted on 11/12/21 at 7:10 pm to
Pic from the article.


Draw your own conclusions on how much of a threat anyone in that courtroom thinks Kyle is. That's the judge to the left. Not one of his lawyers.

*I didn't notice him being this close but wasn't watching it that closely. I did note him standing behind the judge and no one had an issue. They are looking at the video the prosecution introduced.
This post was edited on 11/12/21 at 7:35 pm
Posted by TDTOM
Member since Jan 2021
15107 posts
Posted on 11/12/21 at 7:13 pm to
I can't help but think if the defense would have pushed back just a little the judge would not have allowed it.
Posted by threeputt
God's Country
Member since Sep 2008
24791 posts
Posted on 11/12/21 at 7:33 pm to
quote:

This is a great 2 minute analysis video about how the state is lying about the enhanced video.


Just rewatched some clips from today and the defense definitely stated today that theory to the judge. Hopefully they harp on it in closing agreements.
Posted by davyjones
NELA
Member since Feb 2019
30400 posts
Posted on 11/12/21 at 7:35 pm to
quote:

I can't help but think if the defense would have pushed back just a little the judge would not have allowed it.


I think the concerns over the provocation instruction are much ado about nothing. I can assure you that defense counsel objected for the record once the judge made his decision on that, so the objection is preserved for appeal. But it's really not shocking that the judge allowed the instruction because it basically goes hand in hand with a self-defense claim.

IMO it would've been more shocking had the judge disallowed it, potentially resulting in speculation as to unfairness toward the prosecution, thus tainting an eventual acquittal. The bottom line question still comes down to whether the evidence supports self-defense or whether it supports provocation or the other conclusions that would be unfavorable to Rittenhouse. It remains clear to me that the evidence (or lack thereof, as it were) supports self-defense, and Rittenhouse will prevail on the most significant of charges involved.
This post was edited on 11/12/21 at 7:38 pm
Posted by joeleblanc
Member since Jan 2012
4114 posts
Posted on 11/12/21 at 7:38 pm to
I’m calling it.

Will be found guilty on lesser charges due to wokeness.

Prosecution knows they don’t have a winnable case with the current charges

I hope I’m wrong
This post was edited on 11/12/21 at 7:40 pm
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