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As testimony wrapped up this week in the trial of Kyle Rittenhouse, a wary America realized that the young man’s trial on charges related to the murder of two racial justice protesters in Kenosha, Wisconsin, did not go as many people expected.
With more than 30 witnesses taking the stand over the course of a tumultuous week, few of those summoned by the state appeared to help Rittenhouse’s legal team in its claim that he was acting in self-defence. Added to this were the notable mistakes made by prosecutors, as well as a judge with a stern and cheerful courtroom style that was shocked by controversial comments and outbursts.
With closing arguments set to begin on Monday, the contentious case has gripped the United States, and many people are slowly understanding that the verdict at trial is uncertain.
Last August, Rittenhouse traveled from his home in Antioch, Illinois, armed with an AR-15 rifle and in response to a Kenosha-based militia calling for corporate protection against protesters supporting the Black Lives Matter movement. The city saw protests after a white police officer shot Jacob Blake, paralyzed from the waist down.
Since then, Rittenhouse has been charged with two counts of murder, one of attempted murder and two of reckless endangerment of his safety for firing his weapon near others. He was also charged with possession of a dangerous weapon by a minor, as he was 17 years old at the time. Rittenhouse pleaded not guilty.
The issue has come to symbolize different things for different segments of America. Many see Rittenhouse’s popularity on the right as a racial insult to protests against police brutality, and note how he and other armed white guards were treated quite differently by the police compared to the protesters. Meanwhile, conservatives have raised huge sums for the legal defense of Rittenhouse and consider him a hero.
Judge Bruce Schroeder reprimands the attorney general after filing a motion for the defense to mistrial. Photo: Mark Hertzberg/The Associated Press
These controversies were given an added advantage by the bizarre behavior and controversial rulings of the judge in the case.
Ahead of the trial, Judge Bruce Schroeder, Wisconsin’s longest-serving circuit judge, made headlines when he controversially ruled that people named by Rittenhouse last August could not be referred to as “victims” by prosecutors. However, defense attorneys can call them “arsonists” or “thieves.”
Although judgments against the use of the term “victims” are not uncommon in trials involving self-defense claims, prosecutors argued that Schroeder was establishing double standards.
Throughout the trial, several state witnesses appeared to bolster Rittenhouse’s argument for self-defense, including Gaige Grosskreutz, the 27-year-old man who was injured. Grosskreutz testified that he was carrying a loaded revolver that night and admitted that he was targeting Rittenhouse when Rittenhouse shot him.
During cross-examination, defense attorney Corey Shiravese asked Grosskreutz, “It wasn’t until you pointed your gun at him and walked over to him… he shot, right?”
“Right,” Grosskreutz replied. However, he asserted that he had not intended to point his gun at Rittenhouse, saying, “That’s not why I’m there. It’s not who I am.” Grosskreutz, who trained as a paramedic, testified that he volunteered to serve as a medic at the protest.
Kyle Rittenhouse collapsed on the podium as he testified about his meeting with the late Joseph Rosenbaum. Photo: Sean Krajacic/AP
Another witness, videographer Richie McGuinness, described 36-year-old Joseph Rosenbaum who was fatally shot by Rittenhouse as pursuing Rittenhouse with his gun. When Attorney General Thomas Binger pressured McGuinness to admit that he did not know what Rosenbaum’s intention was, McGuinness had a pointed and hurtful answer.
“Well,” McGuinness replied, “he said, ‘Fuck you,’ and then reached out for the gun.”
The plaintiffs also committed at least one non-coercive error that allowed the presentation of evidence in favor of the defense that would otherwise have been prevented. When Rosenbaum’s fiancée, Karanen Swart, took the stage last Friday, the attorney general asked her if Rosenbaum had taken the drug earlier in the day he was shot.
By asking this question, Schroeder ruled, prosecutors opened the door for the defense to ask Swart about the drug’s purpose. She told jurors that it was due to bipolar disorder and depression during interrogation, adding credence to the idea that Rosenbaum was an unstable abuser.
As the trial began, things took an amazing turn on Wednesday after Rittenhouse testified that he was attacked when he shot the three men. The 18-year-old broke down crying uncontrollably at one point and ordered Schroeder to take a 10-minute break to secure himself.
During interrogation, Binger asked Rittenhouse if it was appropriate to use lethal force to protect property. He also asked questions about Rittenhouse’s silence after his arrest.
At the time, the jury walked out of the room, and Schroeder loudly and furiously reproached Binger for following an improper line of cross-examination and attempting to give testimony that the judge earlier said he was tempted to block. “Don’t be rude to me,” Schroeder yelled at Binger.
While the defense defended a wrongful trial with bias over Binger’s actions, Schroeder’s phone suddenly rang to the ringtone of God bless the USA. Released in 1984 by Lee Greenwood, the song is popular in conservative circles and is often played as Trump’s entry theme during his rallies.
Mark Richards, lead defense attorney, right, argues with Assistant District Attorney Thomas Binger, left/Photo: Sean Krajacic/Kenosha News/Zuma PressWire/Rex/Shutterstock
Schroeder also appeared to sympathize with the defense team on Wednesday after Rittenhouse lawyers suggested that Apple’s zoom feature on tablets and phones could distort video evidence.
The defense team argued that “the company’s iPads … have artificial intelligence that allows things to be seen through three dimensions and algorithms.” “This is not actually video-enhanced. This is Apple iPad programming that creates what you think is there, not what is necessarily there.”
Schroeder responded that the prosecution bore the burden of proving that Apple was not using artificial intelligence to manipulate the footage.
“You’re a supporter of the show,” he said, “and you have to tell me it’s reliable.” The judge also suggested that prosecutors find an expert during a short break, saying, “Maybe you can get someone to testify in a matter of minutes? I don’t know.”
Schroeder, Thursday, urged jurors to applaud the veterans after seeing that one of the defense’s witnesses, John Black, was a veteran. “Give a round of applause to the people who have served our country,” he declared in court.
Just before his lunch break, Schroeder made a racist comment that sparked widespread outrage on social media. “I hope Asian food doesn’t come…not on one of those boats along Long Beach Harbor,” he said.
Apparently the judge was referring to the record number of cargo ships waiting off the coast of California due to a supply chain buildup in the ports of Los Angeles and Long Beach.
Schroeder announced Friday that he would allow the jury to consider fewer charges in one of the two murders, while ruling against the prosecution’s request to allow the jury to consider a lower charge in Rosenbaum’s murder.
According to him, the evidence does not show that Rittenhouse could be acquitted in the first-degree reckless murder but that she be convicted in the second.
Schroeder set time limits of two and a half hours for each side’s closing arguments on Monday, saying, “The brain can’t comprehend what the bench can’t handle.”
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