As the Kenosha shooter trial was continuing today, the court heard that Kyle Rittenhouse took less than three minutes for two victims to be killed and one injured on August 25, 2020. 

Early this morning Judge Bruce Schroeder revealed that the court has been inundated with communications from members of the public during the trial – many in the form of offensive emails, some calling the judge a racist. Also, hateful messages were sent to attorneys.

Judge Schroeder stated that he will deal with such matters before the testimony began, and added, “I would not want to be these people.”

John Black, a former police officer and veteran of the war on terror, was called to testify by the defense.  Black is a former officer and veteran. He also has expertise in video and intelligence analysis. Through his testimony, the defense hopes that it will show the jury how fast the prosecution has “stretched out” the events of the evening of August 25, 2020.

Between Rittenhouse shouting “Friendly!” Freundlich! It was friendly! He was friendly! 

The furious pace at which the entire episode unfolded, from the first shot to Rittenhouse trying to surrender, was further underlined as the jury heard that the time that elapsed between the first and final shot fired by Rittenhouse at Rosenbaum was just three-quarters of a second.

The state presented Rittenhouse’s shooting four times, as if he had made conscious decisions to continue firing even though he was already dead.

The court today heard that shots were almost instantaneously fired.

The eighth day of Kyle Rittenhouse's trial is in session in Kenosha, Wisconsin

Kyle Rittenhouse’s eighth day in trial in Kenosha is now in session.

The judge said this morning that she had received dozens of offensive emails from people calling her racist.

Rittenhouse fatally shot Joseph Rosenbaum (pictured), 36, with an AR-15-style semiautomatic rifle after Rosenbaum chased Rittenhouse across a parking lot and threw a plastic bag at him shortly before midnight on August 25, 2020

Moments later, as Rittenhouse was running down a street, he shot and killed Anthony Huber (pictured), 26, a protester from Silver Lake, Wisconsin

Rittenhouse killed Joseph Rosenbaum, 36. Rittenhouse, 26, shot and killed Anthony Huber, 26 (right), as he was speeding down the street. He had been following Rosenbaum across a parking lot.

Black declared the time zero of the first shot by telling the court that the time between shot two and one was 0.2633 seconds. Black said that the difference between the first shot and third shot was 0.22 seconds. The interval between third and fourth shots took 0.29 seconds. In total, those shots were fired in 0.739 seconds.

Armed with a fire extinguisher, his medical bag and his AR-15, Rittenhouse said, 'I started running towards the Car Source number three to put out fires, pausing occasionally to catch my breath and walk

Rittenhouse was armed with his AR-15 and medical bag, as well as a fire extinguisher. 

The court then watched footage of the night unfold as Rittenhouse fled and an  unknown person ran at him and knocked his hat from his head. Black testified that it was 28 seconds later than he fired the last shot at Rosenbaum.

Richards dismantled the idea that Rittenhouse had shot in calculated manner. He walked his witness through the footage of Rittenhouse being assaulted first by “jump kick men”, at whom Rittenhouse fired two times, and then Antony Huber, at whom Rittenhouse fired one, and Gaige Grosskreutz, at whom Rittenhouse fired once.

These were presented by the state in stills.

Black today told court that the photos shown were a result of an action that lasted for less than half a second.

In fact, all the interaction between jump-kickman and Grosskreutz took just 5.468 seconds. That’s 0.602 seconds that elapsed between two shots at “jump-kickman”. 

Rittenhouse shot at Huber just 1.933 second later. Grosskreutz then fired at Rittenhouse as he attacked him 2.933seconds after. 

He addressed the jury and explained to them that video had the advantage of helping them objectively see what occurred.

Today the defense started the day by bringing use of force expert witness, John Black to the stand

The defense began the day today by calling John Black, a force expert witness to the stand.

Rittenhouse’s actions are contextualized by the defense, which bolsters their self-defense claim. This is done to highlight his speed in making decisions.

Binger raised an objection as Richards methodically interrogated Black about his techniques before getting to the heart of the sequences. Beginning with Rittenhouse’s shout of ‘Friendly! It was good to be friendly Freundlich!

Black could only testify if his testimony did not concern the timing of events. Binger said that this was only about the shot timings.  

Kyle Rittenhouse was yesterday called to the stand by the defense and gave his powerful account of how he killed two people and injured another.  

Black was ready to testify Wednesday. But the wheels almost fell off with the defense asking for a mistrial and accusing Assistant District attorney Thomas Binger, of “prosecutorial misconduct” and “overreach”. 

In the event that Judge Schroeder believes Binger has acted in an unreasonable manner, he can now declare a mistrial.

Defense is making rapid progress towards the end of its case, and it could be over by today. The defense has only three witnesses remaining to call, with the three most likely today. After that, the state will mount a counter-argument.

Mark Richards was Rittenhouse’s attorney and he won the bid to have an expert in use of force testify on October. He also stipulated that his testimony be restricted to the time of events. This includes when Rittenhouse got there, started shooting, surrendered, etc.  

After the jury was sent out, the prosecutor again clashed against the judge.

Binger was told by Judge Schroeder that he intended to talk about the whole episode’s video.

Binger pulled the face, which drew Judge Schroeder irritated to ask: ‘Is it something I’m stating that draws that face?’

Binger responded, “Yesterday you made me the object of your fury for not following your orders.” Today’s defense involves disregarding your orders.

Binger was unconvinced by Judge Schroeder and he retorted, “Yesterday I was subject to the court’s ire.” If the court is holding me to comply with its orders, I ask that the defense be heard. [the same standard]

Binger once again crossed the boundary of what was acceptable for the judge. Judge Schroeder interrupted him. “I am going to allow you to talk. But I was speaking yesterday about the Constitution of the United States, and the way the Supreme Court has been interpreting it for fifty years.

“That is not the topic we are discussing today.

Judge Schroeder only accepted one objection from Binger, that Black’s expert reports were ‘conclusory’.

Binger gave an example of a point made by Black on the video pin-pointed as “JR” [Jospeh Rosenbaum] Change in elevation-lunge decision point.’

He agreed with the judge that it would be necessary to use a different language to convey his time point.

Judge Schroeder can now declare a mistrial if he feels Prosecutor Thomas Binger overstepped.

Ed Lasiowski protests outside the Kenosha County Courthouse during Kyle Rittenhouse's trial on Thursday

Ed Lasiowski protests at the Kenosha Country Courthouse in opposition to Kyle Rittenhouse’s trial.

Kyle Rittenhouse could be tried again if judge declares mistrial  – but not if it’s mistrial with prejudice

The possibility of mistrial is being considered for Kyle Rittenhouse’s case.

Defense requested that the defense declare one with prejudice on grounds of “prosecutorial imprudence.”

If granted this would mean that the case would be tossed and could not be brought again – a highly unusual move but applicable under such circumstances.

A judge took the defense’s request to a mistrial without prejudice into account. This means that he could now, should it be necessary, call a Mistrial in any given moment, with no further arguments either in court or on camera.

Mark Richards, the lead attorney accused Thomas Binger of acting in bad faith and attempting to cause a mistrial. The case could still be tried again if it is retried.

He claimed that he did this in order to “throw” the proceeding, stop it ending in a sham trial and allow for ‘another kick at the cat.”

Just after starting his cross-examination, Judge Bruce Schroeder reprimanded the prosecutor on three occasions.

He was twice admonished for questioning Rittenhouse’s right to remain silent post being charged – a move deemed a ‘grave constitutional violation’ by the judge who first reprimanded him in front of the jury and then sent the jury out to read him the riot act a second time.

Binger tried to also bring evidence information the judge specifically disregarded in his pre-trial motions.

Binger, an experienced trial lawyer, was astonished by the actions of both the defense and judge. Neither side could accept the fact that Binger was acting in good faith.

He is accused of actions he knows will result in the trial being thrown out. The defense requested a mistrial on their terms, which would prevent Rittenhouse from ever again facing the prosecution.

Corey Chirafisi outlined defense position. He stated, “Normally, an mistrial does no preclude the possibility of a retrial.” [unless]A prosecutorial error designed to prevent an acquittal makes a defendant have to file a motion.

He continued: “What’s happened? Two times, the state commented upon Mr Rittenhouse’s right to keep silent.

“The court admonished him the first time.” After the judge granted the jury leave for the second time, he was again admonished.

As far as bringing in the excluded material Chirafisi said, ‘The prosecutor’s actions must be intentional…[with]the awareness that his actions would have a negative impact on others.

You had warned him. He had been warned by you before Mr Rittenhouse’s testimony.

“You warned him about his constitutional right not to speak. He repeated the act.

“The second argument states that the prosecution’s actions were intended to give another chance at convicting, and to cause a mistrial in order to take another shot at the cat since the first trial has gone badly.

Binger was addressed and Judge Schroeder stated, “You’re an expert trial attorney, so when the judge tells you, “I’m excluding that,” you say, “You don’t believe it.” You can’t go wrong!

“When you claim you were acting in good will, I don’t believe you.”


Prosecutors failed to call an eyewitness they knew who witnessed Rosenbaum charging Kyle Rittenhouse from the behind and then ‘lunging towards him very clearly’, before Rittenhouse killed him.

Frank Andrew Hernandez, a videographer, is today the final witness. He testified that he witnessed the events using his own eyes and also recorded the footage with both body-cameras and cell phones.

Gaige Grosskreutz was shot by Kyle Rittenhouse on August 25, 2020 and his right bicep was almost entirely blown away. Grosskreutz, the state's star witness, took the stand Monday morning

Kyle Rittenhouse shot Gaige Grosskreutz on August 25, 2020. His right bicep was nearly completely blown out. Grosskreutz was Monday’s state star witness.

The defendant stated to the court that he had given between 80 and 100 videotapes to the prosecution as well as the defense. He was not called as a witness or reached out by the prosecution.

Hernandez said that he’d seen Rittenhouse and Rosenbaum during the night of August 25, 2021, as footage was displayed to the court.

“The first time that I ever saw him actually de-escalating was when he said this. [a]Situation

Hernandez stated to the court that Rittenhouse was pacifying a group ‘rioters who started conflict’ outside the Car Source property, which he was guarding.

Contrary to his previous impression, he said that Rosenbaum had ‘push a flaming container on fire into human beings and police officers’ the first time he met him.

He said that Rosenbaum became irritated and physical aggressive towards anyone trying to extinguish the flames.

Later, he said that he watched Rosenbaum lead the charge into Ultimate Gas Station. He then attempted to get involved in altercations.

Rosenbaum is seen in additional video trying to fire a trashcan on the court.

Corey Chirafisi, in the background, pointed out, “This person is holding a fire extinguisher.” [who]He has purple gloves in his hands.

Rittenhouse was seen walking Rosenbaum at first, but Chirafisi later pointed out that he appeared to be following him.

Hernandez testified that he heard somebody say ‘F*** you’ though did not know who. He then testified, ‘I was at the corner of Car Source, Rosenbaum was charging Kyle Rittenhouse and as he’s charging him a firearm goes off.

He added, “As Rosenbaum’s firearm comes off Rosenbaum has already charged Kyle from the behind. Kyle, who is standing at his corner, attempts to throw the bag at him. Rosenbaum appears to be moving towards him as he turns.

Videographer Frank Andrew Hernandez is the last witness called by the defense and today testified that he not only witnessed these events with his own eyes, but recorded using body-camera and cell-phone footage

Frank Andrew Hernandez, a videographer, is today the final witness. He testified that he witnessed the events through his eyes and also recorded the footage using both body-camera footage and cell phone footage.

Hernandez claimed that Hernandez videoed as well as’saw it’ with him [own]Eyes.

Binger, who was standing to cross-examine Hernandez, attempted to discredit Hernandez by suggesting that Hernandez was biased. Hernandez answered questions about his work place and said he worked as a commentator on the right-wing website Real America’s Voice.

Chirafisi was furious and Binger once more drew Schroeder’s anger. He said, ‘This isn’t a political trial. I don’t know how to isolate someone’s particular politics and decide that this person will evaluate the evidence in one way or another.

Judge has been a friend of Ass’t.DA Thomas Binger since the start

Thomas Binger has been with the Kenosha County Law Office for seven years. He is the top Kenosha County prosecutor Michael Graveley’s attorney. 

Graveley will not be handling the Rittenhouse high-profile case as he was assigned to investigate the Jacob Blake police shooting at which Rittenhouse was arrested. Blake’s shooting August 23rd was what sparked the Kenosha Riots. 

Binger and Judge Bruce Schroeder, who sits on Kenosha County Circuit Court, clashed frequently in the run-up to the trial, and the proceedings have been as explosive as expected. 

Schroeder is 75 years old and the longest serving active circuit judge in Wisconsin. He has a reputation for being tough, stern, and often delivering harsh sentences. 

Wisconsin Right Now called Rittenhouse’s approach ‘bizarre. He frequently used moves that helped the defense argue that the teenager was acting in self-defense. Rittenhouse, for example, discussed the chaos surrounding Rittenhouse’s fire and showed video of violent protests, leading Rittenhouse, who then said that he wanted people to be safe. 

Binger received his law degree from the University of Michigan Law School. He became a criminal prosecutor in the Milwaukee County District Attorney’s office in 1999. From there, he rose to assistant district attorney. 

He went on to work for the DeMark, Kolbe & Brodek law firm as director of litigation in 2005 before joining the Kenosha County District Attorney’s Office in 2014. 

Binger unsuccessfully ran as a Democrat to fill the Racine County District Attorney’s Seat. In 2016 he told The Journal Times, “In my two years as a prosecutor I have won thirteen jury trials.” I have been convicted of murderers, rapists child molesters drug dealers drunk drivers home-invading thieves and women who abuse women.

Nicole Gustafson – Binger, Oakwood Clinical Associates’ mental health counselor is the one he has married. Their three children are theirs.  

Binger missed the opportunity to tie Rittenhouse to Proud Boys in the months leading to Rittenhouse’s murder case. 

Judge Schroeder later harshly criticised him in the pre-trial hearings. He argued that jurors shouldn’t be allowed to hear about Joseph Rosenbaum’s destruction during the riot. 

“All we are talking about is arson.” Binger explained that they were referring to disorderly behavior and being loud.

Schroeder cut him off, and raised his voice.

He said, “I cannot believe some of your statements.” “All we are talking about is arson?” Don’t be afraid!

Schroeder raped Binger during trial for raising information about Rittenhouse’s past with the AR-15 rifle. This was previously prohibited from the court. A video of Rittenhouse talking to two other men about his experience shooting shoplifters at a pharmacy was recorded just weeks before the shootings.

Schroeder already declared video unadmissible. 

“You are an expert trial lawyer and tell me that when the judge states, “I’m exclusioning this”, you bring it in because it seems you have a way around it,” Schroeder said. Schroeder replied, “Come on!

Binger responded: “You are free to yell at my face if necessary.” It was in my good faith. 

Judge Schroeder responded: ‘I don’t believe you. If you said that you were acting in good-faith, then I don’t think you believe me. It’s better to avoid another one.

Rittenhouse’s defence accused Binger that they knew of Rittenhouse trying to throw proceedings as it was going against the will of the state.

Rittenhouse was released on November 10. The defense requested a mistrial in prejudice.