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re: Kyle Rittenhouse Trial Discussion Thread

Posted on 11/15/21 at 3:55 pm to
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
85471 posts
Posted on 11/15/21 at 3:55 pm to
Not digging the defense’s closing
Posted by JDPndahizzy
JDP
Member since Nov 2013
6841 posts
Posted on 11/15/21 at 3:57 pm to
Officer Bray
Posted by OMLandshark
Member since Apr 2009
117998 posts
Posted on 11/15/21 at 3:57 pm to
quote:

I don't think he's overwhelming the prosecution, but there is a chance he's overwhelming the jury.


I think the jury is pissed at the prosecution right now, and rightly so. I actually kind of like what he’s doing. The Midwest doesn’t like the eccentric lawyer in the way NYC, the South, and California does.
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
85471 posts
Posted on 11/15/21 at 3:57 pm to
quote:

don't think he's overwhelming the prosecution, but there is a chance he's overwhelming the jury.


He should have utilized the Vincent Laguardia Gambini technique:

Posted by JDPndahizzy
JDP
Member since Nov 2013
6841 posts
Posted on 11/15/21 at 4:00 pm to
You realize the rebuttal is going to be unbearable, right?
Posted by DmitriKaramazov
Member since Nov 2015
4948 posts
Posted on 11/15/21 at 4:00 pm to
quote:

Can you imagine this dude doing a 15 minute close and the kid gets convicted? Lulz

He has a responsibility to his client to overwhelm the prosecution because it's so politically charged IMO


I don't think Petifogger was suggesting that the defense give an abbreviated closing. He was suggesting that an accomplished trial lawyer should never allow her adversary to dictate the structure and order of her closing (or her opening, or her cross-examination, and so forth). In sum, the craft is taking the evidence and structuring and synthesizing into an affirmative story that embodies the themes you want the jury (or judge) to internalize. You should be proactive, not reactive. I say this as someone who is legitimately obsessed with trial. But opinions can certainly differ. And I have seen many aesthetically "poor" openings and closings nonetheless result in victories. Credibility and the evidence are often dispositive. All the empirical studies suggests that most jurors have reached a conclusion prior to closing, in any event.
This post was edited on 11/15/21 at 4:04 pm
Posted by stout
Porte du Lafitte
Member since Sep 2006
175922 posts
Posted on 11/15/21 at 4:01 pm to
Posted by OMLandshark
Member since Apr 2009
117998 posts
Posted on 11/15/21 at 4:02 pm to
quote:

You realize the rebuttal is going to be unbearable, right?


Everything this prosecution has done has been unbearable.
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
85471 posts
Posted on 11/15/21 at 4:02 pm to
He’s almost putting his client to sleep. Kyle keeps struggling to contain his yawns during his attorney’s closing.

Not a good luck
Posted by Ezra Reed
Member since Jul 2020
1010 posts
Posted on 11/15/21 at 4:04 pm to
quote:

This would be a lengthy closing regardless.


3 people were shot by 1 person, 2 of which died.

2 of the shootings took place at different locations.

This is actually a very complex case with a lot of evidence.

The kid better be glad Wisconsin isn't the last state that allows a 10/12 conviction.
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
85471 posts
Posted on 11/15/21 at 4:04 pm to
quote:




What the frick does this case have to do with Black Lives Matter?
Posted by MSUDawg98
Ravens Flock
Member since Jan 2018
11668 posts
Posted on 11/15/21 at 4:04 pm to
Did I hear the judge say earlier that they're 'picking [the 12] jurors out of a "tumbler"'?
Posted by OMLandshark
Member since Apr 2009
117998 posts
Posted on 11/15/21 at 4:04 pm to
quote:

What the frick does this case have to do with Black Lives Matter?


All the people shot were associated or members.
Posted by Ezra Reed
Member since Jul 2020
1010 posts
Posted on 11/15/21 at 4:05 pm to
quote:

What the frick does this case have to do with Black Lives Matter?


NOTHING, BLM does not RIOT. THEY ONLY PROTEST!
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
75139 posts
Posted on 11/15/21 at 4:05 pm to
quote:

Did I hear the judge say earlier that they're 'picking [the 12] jurors out of a "tumbler"'?


Yep. They have 18 or 16 and they are picking 12 at the last minute.
Posted by Ezra Reed
Member since Jul 2020
1010 posts
Posted on 11/15/21 at 4:07 pm to
quote:

Did I hear the judge say earlier that they're 'picking [the 12] jurors out of a "tumbler"'?


YES. No one knows until afterwards if they are deciding jurors or alternate. Makes all of them pay 100% attention, 100% of the time...in a perfect world.
Posted by ducktale
Member since Sep 2021
1531 posts
Posted on 11/15/21 at 4:09 pm to
Ah, hearing roesnbaum yell "shoot me" will never get old.
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 11/15/21 at 4:09 pm to
quote:

Yep. They have 18 or 16 and they are picking 12 at the last minute.

Damn, I like the way Wisconsin does that. If you're going to tamper with a jury, Wisconsin's system means you have to get to 7 of them to ensure that one of the ones you bought makes the final jury (assuming 18 possible in the pool). If you know who the actual jurors are going to be and who the alternates are before the trial starts, you only need to get to 1 or 2 of them.
This post was edited on 11/15/21 at 4:11 pm
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
83821 posts
Posted on 11/15/21 at 4:10 pm to
quote:

an affirmative story that embodies the themes you want the jury (or judge) to internalize. You should be proactive, not reactive.


Exactly. And I agree that I don't think it'll be determinative.

I think I mentioned this earlier too, but this is pretty standard in terms of performance. It's not notably bad, but I do think the clunkiness is magnified due to the amount of evidence and how much he has to sort through.
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
68363 posts
Posted on 11/15/21 at 4:11 pm to
quote:

I think I mentioned this earlier too, but this is pretty standard in terms of performance. It's not notably bad, but I do think the clunkiness is magnified due to the amount of evidence and how much he has to sort through.


And the accent with that cadence.
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