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Woodswalker

(549 posts)
Thu Nov 11, 2021, 08:11 AM Nov 2021

Rittenhouse defense will face its biggest

Problem is closing statements. When the prosecutor asks the jury the question "Why was Kyle Rittenhouse out there with a gun"....that's where the defenses self defense argument turns to poop.

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fescuerescue

(4,448 posts)
1. If the biggest problem is closing statements
Thu Nov 11, 2021, 08:12 AM
Nov 2021

Then the prosecution failed in presenting its case.

closing statements are icing on the cake. Not the meat.

Walleye

(31,028 posts)
2. And who wouldn't of thought that was an active spree shooter
Thu Nov 11, 2021, 08:13 AM
Nov 2021

He had the assault weapon. The others were the ones who needed self-defense

 

Tomconroy

(7,611 posts)
3. I haven't been following too closely but I think the
Thu Nov 11, 2021, 08:29 AM
Nov 2021

Defense is going to ask the jury: Why is the prosecution so desperate that it had to lie about the evidence in it's opening statement?
I would.

 

Yarnie

(90 posts)
4. What was the lie?
Thu Nov 11, 2021, 08:36 AM
Nov 2021

I didn't see the opening statements. I watched the entire Rittenhouse testimony yesterday, and I know KR lied about a LOT, but I hadn't heard that the prosecutor lied.

 

Tomconroy

(7,611 posts)
5. I just read a CNN article. It said the prosecutor claimed that Rittenhouse chased
Thu Nov 11, 2021, 08:41 AM
Nov 2021

The first guy who was shot. The evidence from the state's own investigator was the exact opposite.
At that point I knew there was something really desperate about the state's presentation, as the crap they tried to pull in the cross yesterday showed.

 

Tomconroy

(7,611 posts)
7. I just watched a little yesterday. I guess I've done too many
Thu Nov 11, 2021, 08:45 AM
Nov 2021

Rodeos. I found reading the reactions on DU much more interesting for some reason.

redgreenandblue

(2,088 posts)
8. I'm not sure that this question will be admissible.
Thu Nov 11, 2021, 08:50 AM
Nov 2021

The judge already chewed out the prosecutor for asking why he didn't speak about the incident earlier, stating that the question is a violation of the defendant's right to remain silent.

It stands to reason that the judge will argue that the mere presence of a gun does not amount to an escalation of any sorts, and that asking about the gun is a violation of the second amendment.

The fact that Rittenhouse was not legally allowed to own the gun may or may not be relevant in this context. My understanding is that "possession of a firearm by a minor" is a misdemeanor and not a felony.

 

Yarnie

(90 posts)
10. It sounds like there were a lot of guns there.
Thu Nov 11, 2021, 09:12 AM
Nov 2021

Rittenhouse, Zaminski, Grosskreutz, and who knows who else?

JT45242

(2,279 posts)
9. Did the prosecutor ask about med kit vs assault rifle
Thu Nov 11, 2021, 09:03 AM
Nov 2021

If you were there to provide medical help...
What medical procedure can you do with an AR-15?
What firefighting technique requires the use of an assault rifle?

Were you prepared to help people or shoot them?

FYI, intent doesn't matter when you are already committing two other crimes including a weapons violation for the top count.

Hav

(5,969 posts)
11. That's why the defense will probably mostly ignore that line of argument
Thu Nov 11, 2021, 09:20 AM
Nov 2021

besides maybe pointing out he'd as much of a right to be there as anyone else. Many participants with guns there were who didn't shoot anyone, one of the victims included.
But they can frame the case easily so that the focus will be only a small but crucial aspect of the events. They'll likely ask the jurors what they would have done in a split second decision if they were faced with someone about to smash their faces with a skateboard.

I saw a clip of the prosecutor asking Rittenhouse why he saw the third victim as a threat because he had a gun when the same could be said about the third victim seeing Rittenhouse as a threat. I thought that was pretty good. I have doubts that it will be enough for a conviction but it may be one of the best arguments the prosecution has. That angle is, in my opinion, a bigger headache for the defense than Rittenhouse being there armed in the first place.

hlthe2b

(102,292 posts)
12. That a'hole judge preening for the cameras and his reelection campaign will give jury instructions
Thu Nov 11, 2021, 09:33 AM
Nov 2021

that so muddle the issues and completely fail to discuss any relevant case law to get the result he clearly wants.

This ceased to be an academic discussion of the complexities of the judicial process a long time ago (for those few about to interject with an inane defense of both judge and defendant). So don't bother. When the defense hires the jury consultant for the OJ trial to sit with (i.e., coach) the defendant's mother please continue to say all is as would be expected. Most here aren't buying it, though we knew from the beginning that justice was not about to prevail in Kenosha, WI.


Jo-Ellan Dimitrius and Wendy Rittenhouse watch Kyle Rittenhouse testify on Nov. 10, 2021. (Image via the Law&Crime Network.)

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