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re: Rittenhouse day 9-Motions and jury instructions

Posted on 11/12/21 at 2:50 pm to
Posted by Vacherie Saint
Member since Aug 2015
47572 posts
Posted on 11/12/21 at 2:50 pm to
Such a panicky bitch.

The defense may not have nailed everything, which is easy to see with the benefit of hindsight, but the prosecution has zero case. Zero. For every missed opportunity from the defense, there have been 3 unforced errors by the prosecution. Now, they want to argue provocation based on a video of a blob taken from Jupiter AFTER the kids life was threatened twice and a gun was pulled on him. It’s been a bloodbath.
Posted by Jumpinjack
Member since Oct 2021
6485 posts
Posted on 11/12/21 at 2:52 pm to
Absolutely. Another dumb move by DA.
Posted by lnomm34
Louisiana
Member since Oct 2009
12702 posts
Posted on 11/12/21 at 2:54 pm to
(no message)
This post was edited on 1/30/25 at 6:15 pm
Posted by Centinel
Idaho
Member since Sep 2016
45951 posts
Posted on 11/12/21 at 2:55 pm to
quote:

But I don't see anything else to proceed with a murder charge.



The problem is it's not up to you, or any of us. It is up to a jury who has been hammered by the media for 14 months that Kyle provoked the entire situation.

Now the judge has allowed the prosecution to run with the provocation angle for Rosenbaum, with shite evidence, and the jury will be instructed that the should take in to account Kyle, according to the state, provoked Rosenbaum by pointing his rifle at either him or Kiminsky.

That's a very technical point, but it will lead the jurors down the road of thinking "well I guess Rittenhouse really did start all of this" and lead to his conviction.

His only hope is to have one juror who is dedicated and that sees through the massive amount of political bullshite to cause a mistrial. Then when the state retries (and you know they will...they're out for political blood) he gets rid of Richards and has a lead attorney who actual gives a frick.

Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 11/12/21 at 2:58 pm to
I assume they could recreate that video in closing and do the illustrations and descriptions themselves. That video is already in as evidence.
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 11/12/21 at 2:58 pm to
quote:

but the prosecution has zero case.


They have zero case but here we are.
Posted by Centinel
Idaho
Member since Sep 2016
45951 posts
Posted on 11/12/21 at 2:58 pm to
First off, go frick yourself.

quote:

but the prosecution has zero case. Zero.


You are under the false assumption this case will be decided by logic and facts.

It will be decided by emotion and political pressure. And the state got a massive boost today with the provocation angle. It plays straight in to what the media has been running with for over a year.

Posted by kj993
Georgia
Member since Mar 2018
541 posts
Posted on 11/12/21 at 2:59 pm to
@jackposobiec
quote:

BREAKING: Photo clearly shows moment Rosenbaum started chasing Rittenhouse, rifle is pointed away from him and held in right hand. Prosecutors claim Kyle was holding it in his left hand and pointed it over the roof of the truck



Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 11/12/21 at 3:00 pm to
quote:

I assume they could recreate that video in closing and do the illustrations and descriptions themselves. That video is already in as evidence.


Yes, the video is evidence, but that doesn't mean the prosecution can say whatever they want about the video.

What is going here is the prosecution is testify (more or less) at closing. If they wanted to claim that was kyle pointing a weapon that could have been done by presenting testimony to the jury.
Posted by jatilen
Member since May 2020
13608 posts
Posted on 11/12/21 at 3:01 pm to
quote:

For a trial with the attention that this Rittenhouse trial has, I just can't believe it isn't more strict for the jury.


It's no accident. They did the same with the Chauvin trial. They want to allow the juries to be intimidated. That's why we saw earlier this week someone was caught taking pictures of the jury while they waited for a bus to take them to the courthouse.
This post was edited on 11/12/21 at 3:01 pm
Posted by MidWestGuy
Illinois
Member since Nov 2018
2002 posts
Posted on 11/12/21 at 3:01 pm to
quote:

Can they call the sexy cop back for clarification on the weapons?


She really looked like she didn't want to be there. I wonder if she's pissed that the Mayor didn't just let the cops do their jobs? If they shut down the violent rioters, burners, looters (AKA 'civil protestors'), Kyle would not have gone there, none of this would be happening.
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 11/12/21 at 3:02 pm to
quote:

Yes, the video is evidence, but that doesn't mean the prosecution can say whatever they want about the video.



Let them say what they want. However, even the blurry video shows he was not raising the gun by showing that was not his support hand.
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 11/12/21 at 3:03 pm to
quote:

Let them say what they want. However, even the blurry video shows he was not raising the gun by showing that was not his support hand.


Why would anyone allow additional options for the jury?

quote:

However, even the blurry video shows he was not raising the gun by showing that was not his support hand.


Because the prosecution will be telling them what it shows, that is why this isn't allowed.
This post was edited on 11/12/21 at 3:05 pm
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 11/12/21 at 3:04 pm to
quote:

Why would anyone allow additional options for the jury?


What do you mean?

quote:

Because the prosecution will be telling them what it shows, that is why this isn't allowed.


I am sorry. I am not a lawyer and I am not following.
This post was edited on 11/12/21 at 3:08 pm
Posted by Vacherie Saint
Member since Aug 2015
47572 posts
Posted on 11/12/21 at 3:05 pm to
They have nothing on provocation. Would it have been ideal for the judge to remove it from jury instruction? Sure. But it’s not going to pass the smell test. Prosecution doesn’t dispute Zeminsky pulled a gun on Kyle and doesn’t dispute Rosenbaum threatened to kill him immediately before the alleged gun raise. Who is being provocative?

And this trial isn’t in fricking Chicago. It’s in the whitest areas of the Midwest. This jury is more likely to acquit geographically.
This post was edited on 11/12/21 at 3:09 pm
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 11/12/21 at 3:07 pm to
quote:

What do you mean?


Well, if they show he was being aggressive his self-defense defense goes out the window. Why would anyone allow the prosecutor to testify at closing which can't be questioned or examined?

What is really occurring is new uncrossed examined evidence at closing. What was trial for?
This post was edited on 11/12/21 at 3:10 pm
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 11/12/21 at 3:09 pm to
quote:

Why would anyone allow the prosecutor to testify at closing which can't be questioned or examined?



Are you saying the prosecutor will be able to show the video but not point out the movement they believe is him raising the gun? Again, I am no lawyer so I don't know.
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 11/12/21 at 3:10 pm to
quote:

Are you saying the prosecutor will be able to show the video but not point out the movement they believe is him raising the gun? Again, I am no lawyer so I don't know.


He should already have testimony as to what his theory is, he has nobody on record to say that is Kyle in the video or photo.

Its all about the record. <---

If you saw the defense put up their videos, there was testimony as to what they wanted to show. There is nothing in the record it show that is Kyle or that he is pointing a gun at someone.

This post was edited on 11/12/21 at 3:12 pm
Posted by Vacherie Saint
Member since Aug 2015
47572 posts
Posted on 11/12/21 at 3:11 pm to
Again, his life had already been threatened and a gun was pulled on him at that point. There’s no provocation case. They will try to make it, but it’s not there.
Posted by Meauxjeaux
102836 posts including my alters
Member since Jun 2005
46895 posts
Posted on 11/12/21 at 3:11 pm to
Kyle’s best chance is the jury is watching TV coverage and specifically that chick from young turks.
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