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turbinetree

(24,703 posts)
Thu Nov 4, 2021, 12:28 PM Nov 2021

It's 'Actually' in 'the Bible': Kyle Rittenhouse's Judge Explains Hearsay Rule to Jury by Talking Ab

Full Headline:

It’s ‘Actually’ in ‘the Bible’: Kyle Rittenhouse’s Judge Explains Hearsay Rule to Jury by Talking About Trials of St. Paul the Apostle

AARON KELLERNov 3rd, 2021, 5:21 pm



The judge overseeing the intentional homicide trial of Kyle Rittenhouse led the jury on a sojourn into Biblical history while talking about about the roots of hearsay law in the State of Wisconsin.

The issue arose when lead prosecutor Thomas Binger played a video that contained an audio track. In the recording, a narrator from The Rundown Live indicated that he was present at the time of the recording with “a bunch of militia” in Wisconsin and described the vandalism of a car dealership the previous day. Defense attorney Mark Richards said the track contained “editorialization” and should neither have been played nor continue to be played before the jury.

Binger said both parties had consented to the authenticity of the recording. He said the person who made the recording could easily be subpoenaed for confrontation purposes — which is what concerned Judge Bruce Schroeder.

https://lawandcrime.com/live-trials/live-trials-current/kyle-rittenhouse/its-actually-in-the-bible-kyle-rittenhouses-judge-explains-hearsay-rule-to-jury-by-talking-about-trials-of-st-paul-the-apostle/?utm_source=mostpopular

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It's 'Actually' in 'the Bible': Kyle Rittenhouse's Judge Explains Hearsay Rule to Jury by Talking Ab (Original Post) turbinetree Nov 2021 OP
Insanity on steroids spanone Nov 2021 #1
I foresee a mistrial.. Historic NY Nov 2021 #2
Agreed ..... turbinetree Nov 2021 #3
Yep. Harker Nov 2021 #4
+1 RamblingRose Nov 2021 #5
There will be no mistrial based on any remarks by the judge. former9thward Nov 2021 #7
Can someone explain how this works to a non-attorney? spooky3 Nov 2021 #12
To put it in a nutshell: A defendant in a criminal case has Tomconroy Nov 2021 #14
Thank you. Nt spooky3 Nov 2021 #21
Well they booted a juror today..... Historic NY Nov 2021 #19
I see a mistrial coming. Joinfortmill Nov 2021 #6
That's all this trial needed. A crack pot judge. Sneederbunk Nov 2021 #8
He is going this route: LiberatedUSA Nov 2021 #20
I commented on this yesterday. The judge is more interested in watching coverage of the trial on TV RamblingRose Nov 2021 #9
Is an eye for an eye on there too. Perhaps the prosecution could quote it. dem4decades Nov 2021 #10
The Constitution guarantees a defendant the right to Tomconroy Nov 2021 #11
So the Bible is the rule of law now?? PortTack Nov 2021 #13
Needs to retire last year. 2naSalit Nov 2021 #15
I don't see this as particularly egregious but I'm not a lawyer. maxsolomon Nov 2021 #16
Ahole has the Cancun CRUZ syndrome - thinks he's WAY smarter than he is. UTUSN Nov 2021 #17
Please read the accompanying linked GemState Nov 2021 #18
Pictured: Someone who has never actually read the Bible, but claims to have. Initech Nov 2021 #22

former9thward

(32,019 posts)
7. There will be no mistrial based on any remarks by the judge.
Thu Nov 4, 2021, 12:47 PM
Nov 2021

The judge is the one who has the authority to call a mistrial. No one else.

spooky3

(34,457 posts)
12. Can someone explain how this works to a non-attorney?
Thu Nov 4, 2021, 12:54 PM
Nov 2021

I know that mistrials can be declared if juries are hopelessly deadlocked. But what if you have a judge who clearly messes procedures up in ways that benefit the defendant, and the jury is willing to agree that he’s not guilty? Do the prosecutors have the right to appeal?

 

Tomconroy

(7,611 posts)
14. To put it in a nutshell: A defendant in a criminal case has
Thu Nov 4, 2021, 01:05 PM
Nov 2021

Constitutional rights that guarantee him a fair trial. The State does not.

RamblingRose

(1,038 posts)
9. I commented on this yesterday. The judge is more interested in watching coverage of the trial on TV
Thu Nov 4, 2021, 12:50 PM
Nov 2021

than hearing the case. He said this morning his wife was watching TV coverage of the trial last night. He was posturing for Court TV this morning.

 

Tomconroy

(7,611 posts)
11. The Constitution guarantees a defendant the right to
Thu Nov 4, 2021, 12:51 PM
Nov 2021

Confront and cross-examine witnesses. The video had a narration by someone who was not on the witness stand and thus could not be questioned about the assertions made in the narration. The state could have called the narrator to testify but apparently chose not to.
I didn't watch yesterday but was just reading the CNN article about the state investigator narrating the overhead video taken from an FBI drone. Judging by the article the state has real problems with its case.


2naSalit

(86,646 posts)
15. Needs to retire last year.
Thu Nov 4, 2021, 01:07 PM
Nov 2021

This judge is pushing for acquittal. He needs to be removed from this trial and the bench in total.

maxsolomon

(33,345 posts)
16. I don't see this as particularly egregious but I'm not a lawyer.
Thu Nov 4, 2021, 01:11 PM
Nov 2021

The judge is explaining how the jury should approach statements made in the recording - what is the issue?

The Judge's eccentric method and detour into the Bible? Or is The Rundown's "editorial" characterization of the armed yahoos Rittenhouse joined up with as "militia"?

GemState

(48 posts)
18. Please read the accompanying linked
Thu Nov 4, 2021, 05:08 PM
Nov 2021

article. The judge is carefully explaining the rules of testimony to a jury of laypeople and relating it to the case before them in a way they can understand. That’s his job.

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