The man jumped at Rittenhouse at one point, trying to kick him and the teen opened fire.
If they don’t have one available, it’s either guilty of one of the higher charges or not guilty.”Ĭount 3 states Rittenhouse recklessly endangered the safety of an unknown male, referred to as “jump kick man” in court, under circumstances that show utter disregard for human life. “And they compromise on a lesser charge when they have one available. “A lot of times … the jury gets into a heated discussion about whether he’s guilty or not guilty of intentional conduct,” said CNN legal analyst and former prosecutor Paul Callan.
#Kyle rittenhouse guilty or not guilty trial
The judge told Rittenhouse presenting lesser offenses lowered the possibility of a second trial but increased the risk of a conviction.Īllowing jurors to weigh less serious charges could help the prosecution. Schroeder said he was inclined to give the additional instruction on the lesser charge. The state asked that the jury also be instructed on second-degree recklessly endangering safety. Honig said the instruction allows prosecutors to argue “the defendant went too far, used deadly force when it wasn’t reasonably necessary” and he “provoked the attack, and hence cannot argue self-defense.”įirst-degree recklessly endangering safety, use of a dangerous weaponĬount 2 states Rittenhouse recklessly endangered the safety of Richard McGinniss – a journalist with the conservative Daily Caller – under circumstances that show utter disregard for human life.
The judge agreed to allow the panel to consider whether Rittenhouse provoked Rosenbaum into attacking him – thus negating self-defense.Įllie Honig, a CNN senior legal analyst and a former prosecutor, said the provocation instruction was an important win for the prosecution. They argued Rittenhouse provoked Rosenbaum by raising his gun and pointing it at somebody, which led to the victim running after him. Prosecutors also requested the jury be given instruction on provocation. “Whether he engaged in self-defense and did so reasonably and thought his life was in immediate danger … that’s what the jury has to assess ultimately,” Jackson said of Rittenhouse. Wisconsin law allows the use of deadly force only if “necessary to prevent imminent death or great bodily harm.” Judge Bruce Schroeder's reputation as a tough jurist comes through in Rittenhouse trial (Mark Hertzberg/Pool/AP) Mark Hertzberg/Pool/AP Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. “Secondly, do they believe then that it equals he reasonably feared death or great bodily harm?”Īssistant District Attorney Thomas Binger is admonished by Circuit Court Judge Bruce Schroeder during Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Wednesday, Nov. The “biggest issue” is whether the jury finds Rittenhouse credible, he told CNN. Rittenhouse’s testimony couldn’t have been scripted any better, criminal defense attorney Mark Eiglarsh said. “Number one, you humanize him… More important, number two, he explained his uses of force.” “I think it was a game changer to put him on the stand,” CNN legal analyst Joey Jackson said. Rittenhouse broke down in tears at one point, leading to a short break. Rosenbaum take my firearm from me, he would have used it and killed me with it and probably killed more people,” he testified. Kyle Rittenhouse found not guilty on all charges in Kenosha shootings
(Sean Krajacic/The Kenosha News/Pool/AP, Pool) Sean Krajacic/The Kenosha News/Pool/AP Kyle Rittenhouse listens as the attorneys and the judge talk about jury instructions at the Kenosha County Courthouse in Kenosha, Wis., on Monday, Nov.
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