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re: Rittenhouse day 9-Motions and jury instructions

Posted on 11/12/21 at 1:21 pm to
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147092 posts
Posted on 11/12/21 at 1:21 pm to
quote:

Wow. How the hell did the defense lose that? The judge started off sounding very clearly supporting the defense position re: the video, provocation, etc.

I'm essentially quoting myself from a few pages back when I say this...

during the trial, the judge has been very hands off and if it's a question of the jury potentially seeing something or taking a decision away from the jury... he's been for giving the jury the evidence, letting the jury be the deciding entity and not taking that away from them
Posted by David_DJS
Member since Aug 2005
22714 posts
Posted on 11/12/21 at 1:21 pm to
quote:

Better looking at my conservative belly button, than have my liberal head up my liberal arse.

My point is we should be doing better.
Posted by riccoar
Arkansas
Member since Mar 2006
5120 posts
Posted on 11/12/21 at 1:27 pm to
quote:

My point is we should be doing better.


I agree. Liberals should be doing better. Glad that you acknowledged that. Look at you grow.
Posted by David_DJS
Member since Aug 2005
22714 posts
Posted on 11/12/21 at 1:29 pm to
quote:

I agree. Liberals should be doing better. Glad that you acknowledged that. Look at you grow.

First, you're assuming I'm not conservative. You're dim.

Second, liberals have been kicking the Right's arse all over the f'n place for two years now. Yeah, they're retarded and a bunch of lying, hypocritical, anti-American assholes - but what does that make us?
Posted by hogcard1964
Alabama
Member since Jan 2017
19862 posts
Posted on 11/12/21 at 1:31 pm to
I hate to, but I agree with you.

We're cowards and our messaging sucks.
Posted by Adajax
Member since Nov 2015
8657 posts
Posted on 11/12/21 at 1:32 pm to
Do we live in a society where OJ and Casey Anthony roam free but Kyle Rittenhouse doesn't?
Posted by David_DJS
Member since Aug 2005
22714 posts
Posted on 11/12/21 at 1:32 pm to
quote:

I hate to, but I agree with you.

We're cowards and our messaging sucks.

And it's not just messaging. We really changed the game when a large swath of the Right took the knee over Covid.

I don't mean to hijack a thread on Rittenhouse so I'll stop, but I'm guessing we're on the same team and page.
Posted by hogcard1964
Alabama
Member since Jan 2017
19862 posts
Posted on 11/12/21 at 1:33 pm to
Yep, just accepted it.
Posted by riccoar
Arkansas
Member since Mar 2006
5120 posts
Posted on 11/12/21 at 1:35 pm to
Kicking the Right's arse? Doubtful. That would assume that Joe Biden actually won the election fairly, which he did not.

Liberals have been pushing for nearly 2 years to turn America into the route of Australia and NZ in relation to COVID and have failed. Only Liberals are the one's still star struck with believing every word dripping from Fauci's mouth. Everyone else has moved on.

Let's not forget Virginia and the close call in Jersey. The Right is just getting started. Mid terms are going to be even more winning for the Right.
Posted by KosmoCramer
Member since Dec 2007
80524 posts
Posted on 11/12/21 at 1:35 pm to
quote:

Do we live in a society where OJ and Casey Anthony roam free but Kyle Rittenhouse doesn't?


We'll find out next week.
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 11/12/21 at 1:36 pm to
quote:

I'm essentially quoting myself from a few pages back when I say this...

during the trial, the judge has been very hands off and if it's a question of the jury potentially seeing something or taking a decision away from the jury... he's been for giving the jury the evidence, letting the jury be the deciding entity and not taking that away from them


Allowing them to view fake evidence and read into it whatever they want is not what the Judge should be doing.

This is exactly why we NEED a strict enforcement of the 2nd amendment.
Posted by Nurbis
Member since May 2020
2377 posts
Posted on 11/12/21 at 1:37 pm to
quote:

it's a question of the jury potentially seeing something or taking a decision away from the jury


Yeah, but they are arguing this video shows Rittenhouse aiming a gun at Ziminsky which is a provocation for the initial confrontation with Rosenbaum.

You can look at that video and not tell who it is, not tell if there is a gun there let alone being aimed, and can't show that Ziminsky is in the video.

So out of the 100 or so videos that show clearly what happened that night, the prosecution wants the entire case to hinge on this one video that does not show clearly any of what they are claiming.

Not sure how that is reasonable to admit as evidence.
Posted by SaintsTiger
1,000,000 Posts
Member since Oct 2014
2105 posts
Posted on 11/12/21 at 1:38 pm to
Didn’t watch today. A few thoughts though. Sometimes judges let marginal evidence in so that the proponent doesn’t have grounds to seek a mistrial. He could have had that in mind when deciding to let the doctored video in. Same thing for the jury instruction. Don’t give the state anything to base their request for a new trial on…

The judge still hasn’t ruled on that motion motion to dismiss with prejudice for when the prosecutor violated his prior evidentiary ruling. I assume he’s waiting to rule until after the jury renders a verdict…
Posted by BuckyCheese
Member since Jan 2015
57778 posts
Posted on 11/12/21 at 1:43 pm to
quote:

Yeah, but they are arguing this video shows Rittenhouse aiming a gun at Ziminsky which is a provocation for the initial confrontation with Rosenbaum.

You can look at that video and not tell who it is, not tell if there is a gun there let alone being aimed, and can't show that Ziminsky is in the video.

So out of the 100 or so videos that show clearly what happened that night, the prosecution wants the entire case to hinge on this one video that does not show clearly any of what they are claiming.



I don't know how closing arguments work, but I'd say the defense needs to point out all of the clear video shows Kyle defending himself while the one blurred video that is not definitive is what the state is hanging it's entire case on.
Posted by SUB
Silver Tier TD Premium
Member since Jan 2009
25525 posts
Posted on 11/12/21 at 1:43 pm to
quote:

The judge still hasn’t ruled on that motion motion to dismiss with prejudice for when the prosecutor violated his prior evidentiary ruling. I assume he’s waiting to rule until after the jury renders a verdict…



Is it normal for a judge to wait to issue a mistrial until a jury recommends a verdict he thinks is wrong? That doesn't sound right but I have no clue.
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 11/12/21 at 1:45 pm to
quote:

mistrial


This judge has shown that he has no spine. He will accept the jury's decision regardless.
Posted by hogcard1964
Alabama
Member since Jan 2017
19862 posts
Posted on 11/12/21 at 1:45 pm to
They're done for the day today, right?
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 11/12/21 at 1:46 pm to
Rekieta doesn't think so.
Posted by Vacherie Saint
Member since Aug 2015
47572 posts
Posted on 11/12/21 at 1:46 pm to
quote:

Yeah, but they are arguing this video shows Rittenhouse aiming a gun at Ziminsky which is a provocation for the initial confrontation with Rosenbaum.
Except at this stage, Rosenbaum had threatened Kyle's life twice and Ziminsky brandished a gun himself. This indulgence by the judge was insane.
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 11/12/21 at 1:47 pm to
quote:

I don't know how closing arguments work, but I'd say the defense needs to point out all of the clear video shows Kyle defending himself while the one blurred video that is not definitive is what the state is hanging it's entire case on.


That's part of the problem, is the prosecution really never presented evidence/testimony to the jury as to what the blurry video is or isn't.

So, now in closing the prosecution can make the claim the blurry video shows this or that?

The judge is basically allowing the prosecution to introduce new evidence in closing, his own. Just because a video has been introduced as evidence doesn't mean you have support to claim anything you want when its not in the record.
This post was edited on 11/12/21 at 1:59 pm
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