Started By
Message

re: Rittenhouse day 9-Motions and jury instructions

Posted on 11/12/21 at 12:19 pm to
Posted by Dawgirl
Member since Oct 2015
6399 posts
Posted on 11/12/21 at 12:19 pm to
I agree. Just because the state says he raised his gun doesnt mean the jury will see it.
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 11/12/21 at 12:19 pm to
quote:

Defense still has directed verdict motion to go.


Forget this.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
51840 posts
Posted on 11/12/21 at 12:20 pm to
quote:

There is no testimony as to that. (the prosecutor is saying that, at least my take)
Agreed. There is zero testimony from ANYONE that supports this. The prosecutor can make it up in front of the jury. Unless the judge shuts it down. If not, defense is going to have to paint prosecutors as going rogue, and point out to the jury that the videos are not accurate, are a representation of what a computer "thinks" it should look like and that nobody has testified that Kyle provoked anyone, not even from prosecution witnesses.
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 11/12/21 at 12:21 pm to
Shut the frick up Judge.
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 11/12/21 at 12:22 pm to
quote:

Why do people keep saying this?


He objected to the stupid photo but the whole thing with the TV the defense was pretty silent.

The prosecutor is coming in with facts, which were not part of trial. The defense should be screaming at this point.
Posted by Chancellor
BHam
Member since Oct 2017
3656 posts
Posted on 11/12/21 at 12:22 pm to
quote:

True, but there is no contested facts, meaning these things were not part of testimony at trial.

They are coming up with theories after the fact.



The state has argued (unconvincingly) many times during the trial that Kyle pointed his gun at the pedo, provoking an attack. I know it was brought up in at least a couple of prosecution witnesses testimonies.

That this is included in jury instructions isn’t surprising.

The jury will see the state’s lie.

If you can see it, they can.
Posted by BOSCEAUX
Where the Down Boys go.
Member since Mar 2008
52401 posts
Posted on 11/12/21 at 12:23 pm to
It just baffles me that the prosecution in this case are acting more like defense attorneys. Twisting facts and evidence in hopes they cast reasonable doubt. It’s insane.
Posted by Chancellor
BHam
Member since Oct 2017
3656 posts
Posted on 11/12/21 at 12:23 pm to
I’m aware. It’s a statistical long shot.
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 11/12/21 at 12:24 pm to
quote:

The state has argued (unconvincingly) many times during the trial that Kyle pointed his gun at the pedo, provoking an attack.


Arguing is not evidence. The prosecutor is basically testifying as to what pixels are. There is no testimony that I recall that would point to that video and say that was anything the prosecutor was saying.
This post was edited on 11/12/21 at 12:25 pm
Posted by BuckyCheese
Member since Jan 2015
57778 posts
Posted on 11/12/21 at 12:24 pm to
quote:

It just baffles me that the prosecution in this case are acting more like defense attorneys. Twisting facts and evidence in hopes they cast reasonable doubt. It’s insane.




They have to disprove Kyle's self defense claim.

In WI that is on the state. Kyle doesn't have to prove it was self defense, only claim it.
Posted by RealDawg
Dawgville
Member since Nov 2012
11315 posts
Posted on 11/12/21 at 12:25 pm to
quote:

The judge didn’t screw the defense. The judge isn’t the finder of fact. The jury is.


It is more of an evidentiary argument. Whether that video as processed and manipulated is valid at all (which States expert couldn’t back up and they had burden) and whether anybody (other than Flatlock) actually testified that after review that is what they saw in that video..which I recall nobody actually testifying to that.
Posted by KosmoCramer
Member since Dec 2007
80524 posts
Posted on 11/12/21 at 12:25 pm to
quote:

The prosecutor is coming in with facts, which were not part of trial.


The picture and video are admitted exhibits in the trial.

Lawyers bring together all the evidence and draw conclusions for the finder of fact in closing arguments. Thats how this works.

The finder of fact, in this case is a jury, then determines if they beleive the prosecutions narrrative beyond a reasonable doubt or if the defense has shown enough for them to find the reasonable doubt.
Posted by finchmeister08
Member since Mar 2011
40137 posts
Posted on 11/12/21 at 12:26 pm to
are they going to give the verdicts today?
Posted by KosmoCramer
Member since Dec 2007
80524 posts
Posted on 11/12/21 at 12:27 pm to
quote:

are they going to give the verdicts today?


No. Closing is Monday and then the jury will get the case to deliberate.
Posted by Chancellor
BHam
Member since Oct 2017
3656 posts
Posted on 11/12/21 at 12:27 pm to
Lol. I’ll rephrase.

The state has included in its line of questioning to multiple witnesses their lie that Kyle pointined his gun at someone or the pedo and therefore provoked the pedo to try to make good on his threats to kill him.

And that’s notwithstanding the pixels issue and video they manipulated.

That this made into instructions isn’t surprising.
This post was edited on 11/12/21 at 12:29 pm
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 11/12/21 at 12:28 pm to
quote:

The picture and video are admitted exhibits in the trial.


The video are evidence, but a pixel isn't a person. There is nobody that testified and there is no way the judge or anyone else can see anything.

quote:

Lawyers bring together all the evidence and draw conclusions for the finder of fact in closing arguments. Thats how this works.


The video is evidence, the prosecutor sitting there pointing out pixels isn't.

The prosecutor never provides testimony claims what they say.

This post was edited on 11/12/21 at 12:31 pm
Posted by MFn GIMP
Member since Feb 2011
23008 posts
Posted on 11/12/21 at 12:30 pm to
I had to join a meeting so I missed the last part of the entire "provocation" argument. Is it allowed?
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 11/12/21 at 12:30 pm to
Yes. The judge and defense failed Kyle.
Posted by KosmoCramer
Member since Dec 2007
80524 posts
Posted on 11/12/21 at 12:31 pm to
quote:

I had to join a meeting so I missed the last part of the entire "provocation" argument. Is it allowed?


The provocation instruction will be given.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147092 posts
Posted on 11/12/21 at 12:31 pm to
quote:

I had to join a meeting so I missed the last part of the entire "provocation" argument. Is it allowed?

yes... it was allowed
Jump to page
Page First 13 14 15 16 17 ... 28
Jump to page
first pageprev pagePage 15 of 28Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram