As a juror prepares for Kyle Rittenhouse’s murder trial, Kenosha residents are anticipating possible riots. Rittenhouse killed two people and wounded another during last summer’s unrest.
Prosecutors have almost admitted defeat by pleading to the judge for the jury to review lesser charges against Rittenhouse (18 years old), who claimed self-defense through emotional testimony.
This has been a national political hot spot. Liberals have condemned Rittenhouse for being a dangerous extremist and racist. However, all of Rittenhouse’s victims were white. Conservatives celebrate Rittenhouse as an example of self-defense and gun rights, even though he illegally carried the gun as a minor.
Buildings around Kenosha were put up on Sunday in preparation for a violent reaction if Rittenhouse was acquitted. Governor Tony Evers ordered 500 Nation Guard troops to be available to support local law enforcement.
Some business that was looted and burned in the summer of 2013 had nothing to prepare for because their windows were still covered with boards more than a decade later.
Closed arguments at the trial will conclude on Monday. The case will then be heard by a jury consisting of 12 men and 11 women. This will determine Rittenhouse’s fate.
In anticipation of violent responses if Kyle Rittenhouse is found guilty, Kenosha buildings were boarded-up on Sunday. Governor Tony Evers placed 500 Nation Guard troops in readiness
On Sunday, businesses in Kenosha were seen with their windows boarded up. Many which were burned or looted last summer had little to do to prepare, because the boards over their windows remained up more than a year later
On Sunday, a Kenosha home is shown with Black Lives Matter solidarity messages
Kyle Rittenhouse, the defendant in his case at Kenosha Circuit Court is seen Friday. On Monday, the case will be presented to the jury.
Rittenhouse (17 years old) was charged with first degree intentional homicide, as well as other counts, for murdering Joseph Rosenbaum and Anthony Huber.
A teen living in Antioch, Illinois told the court that he was acting in self defense when he opened fire during an August 2020 night in Kenosha after the shooting death of Jacob Blake.
Americans have been divided by the case, with some questioning whether Rittenhouse was either a patriot who stood up against lawlessness or an vigilante who carried a gun as a demonstration to provoke a response.
If he is acquitted on the initial charges, jurors can consider less serious charges. This was the judge’s statement Friday in a contentious hearing.
Wisconsin law permits both the defense and prosecution to request that jurors are informed they have the option of considering lesser charges in the instruction they get before they deliberate. The defense lawyer can also object to lower charges. This was the case in some cases on Friday.
Rittenhouse was asked by Judge Bruce Schroeder to confirm his agreement with the decision of his lawyers.
Rittenhouse heard from Schroeder, that including minor charges increases the chance of being convicted, but that it also avoids the possibility for the jury to compromise on the serious crimes. You’re also decreasing your chances of a second trial, as the jury cannot agree.
Rittenhouse stated that he understood.
Rittenhouse was asked by Judge Bruce Schroeder to confirm that Rittenhouse had agreed to his lawyers’ decision to let the jury consider lower charges on certain counts after the prosecution admitted their weakness.
Rittenhouse was accused of shooting three demonstrators and killing two during an unrest night in Kenosha, after Jacob Blake, a Kenosha police officer, shot him seven times in the back. Rittenhouse was also arrested in August 2020.
Over a damaged window from last year’s shooting of Jacob Blake, boards are visible.
One year ago, a business was set on fire and looted by Jacob Blake. This happened more than one year after Jacob Blake’s shooting. Current fears are that there may be new riots in the city.
A Kenosha shopfront remains closed more than one year after the riots of last summer. Children pass it as they walk past.
Schroeder stated that he would make his final rulings on Saturday. However, he did not give any specific findings but indicated some possible ways he could rule on other cases. Jurors who are allowed to look at lesser charges will only be permitted to do so if Rittenhouse is acquitted of the original, more serious charge.
The arguments about jury instructions on Friday were contentious, with lawyers rehashing earlier discussions in the case. Prosecutors were trying to add an instruction that would permit jurors consider Rittenhouse’s provocation. At one point the sides debated over what the particular photo meant. Schroeder lost his temper, snapping: ‘You´re asking me to give an instruction. You want the best image!
Schroeder eventually said that he would accept the provocation instruction. This would require the jury to ask whether Rittenhouse provoked Rosenbaum. Self-defense would be negated if the jury concludes that he did.
Rittenhouse is now 18 and faces one count in first-degree reckless killing in Rosenbaum’s death. This was after Rosenbaum pursued Rittenhouse in a used vehicle lot.
Defense opposed the addition of a second degree reckless homicide to the charges. Schroeder claimed he wouldn’t allow the lesser charges because it would result in a conviction on the lesser case being overturned by appeal.
Rittenhouse is also facing two first-degree reckless danger charges: One for shooting at an unidentified man, who attempted to punch him in his face; and the other because Rittenhouse fired on Rosenbaum while a reporter was nearby.
After the violence that gripped Kenosha in 2011, grey clouds hang above the Kenosha storefronts on Sunday.
As the Kyle Rittenhouse trial was about to begin, Downtown Kenosha saw little traffic on Sunday.
Kenosha (a city of 100,000) is located on Lake Michigan’s shore, right across from Illinois.
Schroeder indicated that he is inclined to accept a second-degree recklessly endangerment charge for the endangering of the reporter. But he may not. Schroeder said he could not accept the lesser charge for Rittenhouse’s case.
Rittenhouse also faces one count of first-degree intentional homicide in Huber´s death. This is the most severe charge and comes with a life sentence. Huber hit Rittenhouse with his skateboard shortly after Rosenbaum was killed by Rittenhouse.
Huber was not the subject of defense objections to the addition of lesser amounts for second-degree intentional and reckless homicide. However, it did not object to the addition of a second-degree reckless murder charge. Schroeder stated that he accepted the argument.
Rittenhouse faces one count each of first-degree attempted intentional homicide and shooting Grosskreutz in their arm. Grosskreutz was holding a firearm in his hands when he confronted Rittenhouse after Rittenhouse had shot Huber.
Prosecutors requested that second-degree attempted intentional homicide be added to the first-degree reckless and second-degree reckless endsangerment counts. Rittenhouse lawyer Corey Chirafisi supported the second-degree attempted homicide charge, however he rejected the reckless endangerment count. He said he didn’t believe anyone can ‘attempt be reckless’.
Schroeder indicated that he would think it through, but was willing to compromise with the prosecution.
Kyle Rittenhouse walks down Sheridan Road, wearing a backwards-cap, in this August 25, 2019, file photo. Before midnight, he used his Smith & Wesson AR-style semi-automatic to shoot three people, killing two
Kyle Rittenhouse (defense attorney Mark Richards) stands as Judge Bruce Schroeder calls a private call at Rittenhouse’s trial. Rittenhouse is being tried in Kenosha county Courthouse.
Kyle Rittenhouse is pictured with his attorneys Mark Richards, Corey Chirafisi & Natalie Wisco, as they view video of Friday’s proceedings at Kenosha county Courthouse.
As seen Sunday, downtown Kenosha storefronts are still boarded-up from last summer.
Rittenhouse also faces charges of possessing a deadly weapon when she was under 18 years old. Schroeder was also charged with possessing a dangerous weapon while under the age of 18. It wasn’t clear what Schroeder wanted to tell jurors about that charge Friday.
Both sides won some points according to legal observers. Julius Kim, an ex-prosecutor and Milwaukee criminal defense attorney, stated that Rittenhouse is not as confident about his defense and should accept the least serious charge to reduce the likelihood of being convicted.
Kim indicated that they believed it was a wise decision for Rittenhouse to let the jury convict him possibly of a lesser crime if they find him guilty of any. Kim added that the fact that there wasn’t a defense objection to that count could indicate they may not feel confident in an adjudication.
However, the fact that the prosecutors seek a lesser offense shows that they don’t believe Rittenhouse will be convicted on the original charges.
Kim stated that he believed they were trying to save something right at the moment.
Michael O’Hear is a Marquette University criminal law professor in Milwaukee. He said that defense usually seeks lesser charges.
O’Hear stated that a lesser instruction would normally not be requested by the prosecutor unless the prosecution has a high level of confidence in the probability of conviction for the greater offense. He also noted that the addition of it “practically invites” the jury to compromise on a lesser offense.
After nearly two weeks of testimony, the trial ended on Thursday. Rittenhouse testified to the jury that he was trying to defend himself against an attack, when he fired his gun at the men.
Closed arguments will take place Monday. After that, names will be drawn for the 12 remaining jurors to deliberate on and decide who will be removed as alternates. This case was heard by eighteen persons. It appears that the panel is overwhelmingly composed of white people, just like Rittenhouse or those who shot Rittenhouse.
Blake, a black male, was injured by a police officer. This set off the protests. Rittenhouse, a former fire officer and police cadet, went to the demonstration with a rifle as well as a medical kit. He said it was to protect property from rioters who had set fires to and ransacked business on previous nights.
This case has sparked fierce discussion about vigilantism and self-defense as well as the Second Amendment right of bear arms. It also reflects the turmoil that broke out in the United States over George Floyd’s police shooting death.