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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIMO the prosecution in the Riddenhouse trial was poor. Why did they put on...
the wounded guy who admitted he pointed a gun at Rittehhouse?
And they had no idea of the gun barrel length issue.
Then with Rittenhouse on the stand, a gamble taken by the defense, they couldn't prove that he was the the one who provoked the first shooting. The other two shootings could be seen as self defense as he was being chased and having stuff thrown at him. But the first one, no way. I guess that's what you get with local prosecutors.
Too bad the team from the George Floyd trial couldn't be flown in. They were excellent.
radius777
(3,635 posts)who was on the side of the defense.
System racism reared its head here, with Rittenhouse being portrayed as 'the boy next door' who was simply 'fighting for what was right'.
The victims were white - but they were liberal whites fighting for the justice of PoC - thus the shooting and the case was always about race and justice in America.
brush
(53,841 posts)Hoyt
(54,770 posts)Richards also has worked to persuade the jury that Rosenbaum was a menace. He got a police detective to testify that at various points during the night, Rosenbaum armed himself with a chain he stole from a construction site, set a Dumpster on fire and was walking around wearing his shirt as a mask.
https://abc7chicago.com/kyle-rittenhouse-trial-joseph-rosenbaum-kenosha/11242392/
The man shot, but not killed, was carrying his own gun for Christs sake.
Dont know much about the victim with a skateboard. So he might well have been fighting for justice and just trying to stop an active shooter.
Ultimately, I think the punk Rittenhouse carrying a rifle was provocation and he should have been convicted, but the jury didnt see it that way probably because of reasonable doubt.
radius777
(3,635 posts)force with force, and that the old methods of passive resistance don't work in the current age when faced with a violent right and militarized police.
So the fact that the victims have a checkered past or were themselves armed - does not change the fact that they were there as part of the protests against the shootings of Blake/Floyd/etc, nor does it absolve Rittenhouse.
Hoyt
(54,770 posts)Whatever, they didnt deserve to be shot by that pissant gunslinger.
Lunabell
(6,105 posts)Even if the prosecution put on a near perfect case, they would have lost in the right wing climate there.
Progressive Jones
(6,011 posts)Lunabell
(6,105 posts)Response to brush (Original post)
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Amishman
(5,559 posts)Having it in the picture and then tossed late could have helped give the impression of the weakness of the prosecution's case.
I wonder if the only reason it was not dropped sooner was the widely circulated but incorrect early version of the events which harped on crossing state lines with an illegal rifle.
Zeitghost
(3,868 posts)Why would you be disappointed that a key prosecution witness told the truth? Even if it was bad for their case. The point of a trial is to get to the truth, not convict.
brush
(53,841 posts)Justice is what was sought. It didn't happen.
Why wouldn't you want as much truth as possible entered into evidence, including statements by the only person to survive being shot by the accused?
The testimony by Gaige had no bearing on the two murder charges.
brush
(53,841 posts)didn't influence the jury's thinking on the other counts. Please. No way he should been put on by the prosecution.
Zeitghost
(3,868 posts)You think testimony beneficial to the defense should not be disclosed by the prosecution?
I can't believe what I'm seeing here.
brush
(53,841 posts)If anything is at fault here, it is WI law. According to the well documented facts, including video, forensic and witness testimony and the WI law at play, the jury reached the correct legal decision.
That you're advocating for less truth to become known, simply to give the prosecution an edge should be your first hint that you are not pursuing justice.
brush
(53,841 posts)what can and can't be done. If you believe justice was done, we have noting to discuss.
Zeitghost
(3,868 posts)You have to stop digging at some point...
brush
(53,841 posts)Zeitghost
(3,868 posts)Last edited Sat Nov 20, 2021, 01:32 AM - Edit history (1)
It's well established that KR did not break any WI law with regards to possession of the rifle. Even the prosecution agreed to that when it was pointed out in court that his rifle did not meet the required definition layed out in the illegal possession law in WI.
Polybius
(15,475 posts)As it should have.
radius777
(3,635 posts)ie that Rittenhouse was a far-right white supremacist who went looking to 'do battle' with the left/antifa/BLM. Motive is a key element in any crime. Rittenhouse was not just some citizen minding his business, but an extremist looking for violence.
Response to radius777 (Reply #24)
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DetroitLegalBeagle
(1,926 posts)And that would not have gone over well with the jury, especially Rosenbaum's record.
Decoy of Fenris
(1,954 posts)The evidence was just too strong in Rittenhouse's favor. Video supporting him, prosecution witnesses supporting him, forensics supporting him.
I don't know how people thought he'd be convicted, in this courthouse or any other, given the evidence at hand.
Amishman
(5,559 posts)As I said throughout the trial, what the law supports in this case is not in alignment with our sense of right and wrong.
By the letter of the law and particularly the video evidence, there was not much for the prosecution to work with. I think this is why they were pushing the limits so hard, hoping to gamble and come up with some misstep or revelation to give them more to work with.
Kang Colby
(1,941 posts)Decoy of Fenris
(1,954 posts)Kang Colby
(1,941 posts)There isnt an us vs them
you either believe in the rule of law or you dont. The evidence overwhelming favored the defense.
Prosecutor: So, you play Call of Duty?
Prosecutor: Sometimes you just need to take a beating
No jury was gonna convict that guy of murder 1 or 2. No way.
Hav
(5,969 posts)is that the problem wasn't with the prosecution but with the facts of the case. When the only surviving shooting victim makes one of the strongest cases for self-defense, then that should tell you something about what the prosecution had to work with.
brush
(53,841 posts)that would help the defense?
Hav
(5,969 posts)without the testimony of the actual victim? I don't think it would have made their job easier.
Even without the testimony, there is also video evidence. I'm pretty confident that the defense could have called him as a witness as well without the prosecution doing so.
But you mentioned that you were looking for justice. Is that the case when you prefer that exculpatory testimony should have been prevented?
brush
(53,841 posts)ripcord
(5,525 posts)They were required by law to share that evidence with the defense.
Hav
(5,969 posts)because you can find fault for all parties and you can find reasonable claims for self-defense for all parties as well. It doesn't feel like justice or injustice because all parties have arguments on their side.
But I also don't think justice is served if you have to hide evidence that destroys your case.
I was hoping that the jury would have acknowledged the provocation part for the Rosenbaum shooting to find at least some form of guilt but they didn't agree and I don't know what the jury instructions told them.
brush
(53,841 posts)what you can and can't do, but it's glaringly obvious that with two guys dead and a killer walks, justice was not done.
Look for more cases like this. Why it's almost like qualified immunity.
Response to Hav (Reply #27)
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radius777
(3,635 posts)that pedantic types often miss in these discussions. Our system is a construct, one built upon white supremacy, that will tend to view right wing whites as 'wholesome' and those attempting to dismantle that system (ie, the protesters) as evil. That was how the judge framed the case, and the jury verdict so followed.
brush
(53,841 posts)Meowmee
(5,164 posts)That is how the judge framed the case
madville
(7,412 posts)If they hadnt of called the wounded survivor, the defense would have called him to the stand anyway so having him as a prosecution witness was their only option.
The jury made the correct decision (arguably maybe not the right decision) under the state laws, thats their job. The judge made a valid decision on the weapon charge based on the poorly written law.
That the other two were chasing him is correct, but it is also correct to say that one hit him with a skateboard and was attacking him (arguably justified if he thought he was an active shooter, well never know) and the wounded survivor pulled a handgun while advancing on him.
sarisataka
(18,767 posts)For the prosecution to not call the only survivor of the three people shot. If the prosecution didn't call him, the defense might have.
They should have known however what his testimony would be and prepared for it.
Dr. Strange
(25,923 posts)I wonder if they did know. Grosskreutz has a suit against the city, and his testimony may have shot that down.
fescuerescue
(4,448 posts)doc03
(35,363 posts)thatdemguy
(453 posts)I am new here, but the travesty of this case prompted me to make an account. I keep seeing this said, and as another post I read earlier we need the truth.
If you look up the judge, he is a democrat, and was active with politics with the democratic party for years. We need to stop attacking him, as all we need is some repub running against him and using the hate he is getting letting the repub win. We need to stand with the judge, who is a democrat.
brush
(53,841 posts)krawhitham
(4,647 posts)Zeitghost
(3,868 posts)Which was inconsequential because the stock video was seen and shows the scene quite well, the judge made very reasonable and professional rulings. He could have tossed the whole case after the serious 5th amendment violations, but didn't. His ruling on not calling those shot victims is consistent with other self defense cases (a "I did it because I had to" defense creates different rules than the "i didn't do it" defense). Tossing the weapons charge is consistent with the facts and was supported by the prosecution. The judge was fair.
radius777
(3,635 posts)who resents the BLM protests and views Rittenhouse as a hero - that clearly came across in the case. Rittenhouse was treated with kid gloves (even got to choose his jurors) in a way that some black/brown/white ally would not be.
A ruling that is consistent with the law is not necessarily justice.
Zeitghost
(3,868 posts)What racist statements has the judge made? Link please.
And no, Rittenhouse did not pick his jurors, he blindly drew random numbers to select jurors. Conflating the two is dishonest.
When it comes to a conviction, rulings consistent with the law is the only way to get justice.
radius777
(3,635 posts)There was once a time when slavery was legal, when women could not legally vote, when black people legally were second class citizens who had little protections against lynchings etc.
The legacy of white supremacy lives on in our system, which was what BLM and the protesters who were killed by Rittenhouse were protesting against. The judge knows this and took a side - the side that has historically benefitted old white men like him.
Zeitghost
(3,868 posts)When the facts do not meet the legal threshold to do so and still claim you are pursuing justice.
Acquitting when a bad law is violated is in no way the same thing as convicting when bad law is not violated.
marble falls
(57,181 posts)thatdemguy
(453 posts)Even if the judge made shitting rulings in this case, I would rather see a democrat judge than a repub.
If enough people get mad at this judge and dont support him a repub judge might be able to win the seat.
JI7
(89,262 posts)radius777
(3,635 posts)krawhitham
(4,647 posts)ForgedCrank
(1,782 posts)this case from beginning to end. There were a couple of very grave offenses that even a rookie wouldn't screw up.
I am highly suspicious that they were directed to purposefully ass the entire thing up. It just seemed to me that someone higher up had already decided Rittenhouse was not guilty and wanted to make sure it happened.