Kyle Rittenhouse trial set for early November .

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IMO the "Binger Zinger" doesn't rise to the level of mistrial (the evidence and testimony is already more than sufficient), but if the judge does rule that it probably reflects a procedural irregularity and I don't see why he can't simply instruct the jury to ignore that one comment rather than the actual facts of the case--nonetheless very stupid what Binger did.

Defense is proffering a motion for mistrial with prejudice.
That could work--but it can also backfire.
 
If the DA fails (and this is looking more likely) I really hope that the DOJ doesn't touch this. There are no winners here, despite the rhetoric from both sides.
 
To the Mod's note, its interesting that the use of drone footage may be an evidentiary legal issue about whether the program modifies the image.

Based on the cross I'd proffer the legal maxim of not having the defendant testify is a good one.
 
I've dropped in on the testimony a few times today for a couple min here and a couple min there . I know it's not a complete picture but Kyle is coming off as a super young naïve kid . This is playing right into that 25% of people that think he should have never been there . Putting him on the stand is not helping that . He's now been on the stand what appears to be most of the day as far as trial time . This in IMO is setting him up for the same mike drop moment we saw with Gaige . They should have never put him on the stand regardless of how this comes out .
 
I know it's not a complete picture but Kyle is coming off as a super young naïve kid .
I agree with that--I actually like him now that he's testifying--I think he got caught up in something that he simply didn't understand the seriousness of--and possibly was also influenced by others to maybe not act in his own interest. A tragedy regardless of the outcome.
 
Quite a bit to be taken away from the prosecutions line of questioning though as it pertains to a self defense shooting. Just regarding his equipment he was questioned about:
His choice of weapon
His choice of ammunition (in this case FMJ, the prosecution wanted to know why he chose them over hollow points, attempting to use the argument that he knew they would be more likely to over penetrate)
His choice of sling (why he bought a single point)
Decision not to leave the rifle
Who loaded the magazine
Who loaded the rifle
Where it was purchased
The farthest distance he had ever shot
 
My maternal grandfather took another man’s life in self defense after the deceased barged into his remote farmhouse in the 1960’s. My grandfather was adjudicated but still had to put everything he owned and his business in my grandmother’s name to keep from losing everything he owned in civil proceedings—-even though he was the victim and not the aggressor. My heart goes out to Mr. Rittenhouse. His life is forever changed where he is cleared or not.

I cannot believe they put Rittenhouse on the witness stand but this isn’t over.
 
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A tragedy regardless of the outcome.
A tragedy that Kyle is being putting through this nonsense. Potentially a tragedy if the shocking events of that night haunt him. Beyond that, I cannot find tragedy. 2-1/2 degenerates are missing in action. I'm sure the organizers can find replacements.
 
Rittenhouse did everything right.
Disagree there. He showed up to protect two sleazeballs' auto yard with an illegal (for him) gun, and then further got snookered into running through crowds of rioters.
Not show up-fine. Not leave the lot-fine. His life is ruined.
Interesting aside that the car lot owners weren't there.
 
Not at any time in this trial did I think the prosecutor was looking for justice. IMHO the prosecutor has committed bigger crimes thru trying to get a witness to change his testimony, withholding evidence, stomping on constitutional rights than Rittenhouse did. I would like to know how many of those who were rioting and destroying buildings has the prosecutor had in court to answer for their crimes. Rittenhouse shows why the second is needed. Not only for self defense, but also for those willing to get out of their comfort zone and help their neighbors against those who wish them and their property harm.
 
Does anyone, anyone have a salient point why the defense place Kyle on the stand??? I ask because, for one, I'm no legal expert. Two, I thought you never put a defendant up on the stand unless you're about to lose the case and do it as a last ditch effort to sway the jury. I mean, the old saying goes it's better for someone to think you're a fool than speak and remove all doubt. Taking the stand allows the prosecution to cross-examine, yes? Why would they do this when the case obviously appears to favor Kyle?

Within this 3 ring circus, I saw one, key takeaway I wish everyone in the firearm community would learn: The DA kept on Kyle telling him he was shooting to kill. Kyle corrected him and said his intent was to shoot to STOP. I'm ashamed to say I know too many people that tell me if they were to defend themselves, they would shoot to kill. I can't stress it enough that's the absolute worst mindset to have and, legally speaking, will put the final nail in your coffin in a court of law.
 
Does anyone, anyone have a salient point why the defense place Kyle on the stand???

From Stagpanther...
I agree with that--I actually like him now that he's testifying--I think he got caught up in something that he simply didn't understand the seriousness of--and possibly was also influenced by others to maybe not act in his own interest. A tragedy regardless of the outcome.

There is your answer.
 
From Stagpanther...

Yeah but stag was always on his side , Stag just didn't know it ;):D

No but seriously , I doubt there is many that are anti gun that thinks he's not guilty after his testimony or all the evidence that's been presented . just go scroll twitter and you'll see plenty that still think he's guilty of murder .

I'd bet Barnes is right and there will be at least 2 jurors that will not bend and insist he's guilty of something . So my prediction is a split verdict . Guilty on the gun charge and reckless endangerment. Not guilty on the rest . If guilty on all charges , I say the judge vacates the most serious charges
 
On what circumstances would "reckless endangerment" be based ?

Reckless endangerment is a crime, whereby a person behaves in a
reckless manner which creates a substantial risk of a serious physical
injury to another individual. ... The individual's action must also exceed
negligent or accidental conduct, posing a risk of harm that is itself
unreasonable.


Until he was himself chased, assaulted and beaten, what had KR done to warrant that charge ?
 
Shooting Rosenbaum while the reporter guy was pretty much right behind them in the line of fire . Im not saying I think he’s guilty of that . I believe that’s what 9 or 10 of the jurors will have to give up to get the other 2 or 3 to vote not guilty on all the other charges . There’s going to be IMO a couple jurors that will not leave with out Kyle being guily of something.

Barnes was saying he thinks the judge will leave the gun charge in for that very reason . It will give some jurors something to convict on .
 
mehavey said:
On what circumstances would "reckless endangerment" be based ?

Reckless endangerment is a crime, whereby a person behaves in a
reckless manner which creates a substantial risk of a serious physical
injury to another individual. ... The individual's action must also exceed
negligent or accidental conduct, posing a risk of harm that is itself
unreasonable.

Until he was himself chased, assaulted and beaten, what had KR done to warrant that charge ?
That was probably why the persecutor-in-chief was asking about the difference between hollow-point ammo and ball ammo, and using it as an excuse to inform the jury (incorrectly) that ball ammo is "designed" to shoot through bodies. It isn't designed to do that, of course, but it can do so -- if it's 9mm or .40 S&W, and probably .30 Carbine. 5.56 NATO? Nope -- it upsets (tumbles) on impact and breaks itself apart, basically shedding most or all of its energy in the target. (Unless, of course, you miss.)
 
5.56 NATO? Nope -- it upsets (tumbles) on impact and breaks itself apart, basically shedding most or all of its energy in the target. (Unless, of course, you miss.)

That's the designed intent, and that's usually the way it works, however, that's not ALWAYS the way it works.

I've spoken with Viet Nam combat vets, and several have recounted, from personal experience that sometimes at very close and point blank range the 55gr FMJ they had (M193 round) would NOT tumble or break apart just drive a .22 cal hole all the way through. They said there was no consistency or pattern they could tell other that sometimes at point blank range it didn't do the "tumble" and was not an effective stopper when that happened.
The usual guess why that happened was that they thought the bullet was going to fast, and was out of the body before it could tumble. No proof of course, just that is what they felt must have happened.

I've heard of the current round (M855) doing something similar, failing to tumble or break apart, at long range (250yds+) when fired from the short barrel M4 carbines. Prevailing theory there is the bullet has lost too much velocity by the time it gets way out there to tumble and break apart.

This is also, an apparently doesn't happen every time thing. I'm not going to guess why, only note that while not the usual, failures of FMJ to do the expected have happened often enough to be documented as a real thing.

Here's my big question of the moment, why isn't he also being charged with discharging a firearm inside city limits?? They could easily convict him of THAT. :rolleyes: Was he inside city limits??
 
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