Judge dismisses Rittenhouse gun charge. It was considered the state's easiest to prove.
The judge presiding over the Kyle Rittenhouse trial in Kenosha, Wisconsin, dismissed a lesser gun charge against the teenager on Monday ahead of closing arguments and jury deliberations.
What are the details?
The charge, possession of a dangerous weapon by a person under 18, was considered to be the prosecution's easiest charge to prove in court, and so its dismissal may well spell doom for the state's case against Rittenhouse.
Rittenhouse is facing multiple felony murder charges for fatally shooting two men and wounding a third during Black Lives Matter riots in Kenosha last summer. The Illinois native was 17 years old at the time of the incidents and has claimed he was only acting in self-defense.
"While only a misdemeanor charge, it appeared to be the most likely count to result in a conviction for Rittenhouse," WBBM-TV reported Monday, moments after the firearm charge was dismissed. If he had been convicted on the charge, Rittenhouse could have been assigned 12 months in jail.
But Kenosha County Circuit Judge Bruce Schroeder determined Tuesday that Wisconsin's open carry law allows minors to carry rifles in the state, so long as they have a barrel longer than 16 inches or an overall length of more than 26 inches.
The prosecution disagreed with Schroeder's interpretation of the law but conceded that the length of the AR-15 carried by Rittenhouse was more than the lengths specified, and so Schroeder dismissed the charge, Kenosha News reported.
Judge in Rittenhouse trial has dismissed Rittenhouse's gun charge.pic.twitter.com/v1x1QTBrGf
— The Post Millennial (@TPostMillennial) 1636992202
What else?
Rittenhouse still faces five charges — including first-degree reckless homicide in the death of Joseph Rosenbaum and first-degree intentional homicide in the death of Anthony Huber — that would result in a mandatory life prison sentence should he be convicted.
After closing arguments conclude Monday afternoon, the jury will begin deliberating; that is, unless Schroeder declares a mistrial with prejudice in response to the defense's request.
The defense formally asked for the mistrial last week after the prosecution cast Rittenhouse's use of his constitutional right to remain silent in a negative light and brought up an incident that had been excluded in a pretrial order without the judge's permission.
The behavior resulted in a fiery scolding from Schroeder as the judge dressed down Kenosha County Assistant District Attorney Thomas Binger.
Many in the media now suggest the assessment of guilty verdicts is unlikely, but the jury will have the final say.
Rittenhouse judge shouts down prosecution as sparks fly at trial: 'Don't get brazen with me!'
Tensions boiled over in the Kyle Rittenhouse trial Wednesday afternoon as the presiding judge dismissed the jury twice to shout down the prosecution for courtroom conduct he deemed inappropriate and perhaps even unlawful.
What happened?
The first quarrel broke out while Kenosha County Assistant District Attorney Thomas Binger was cross-examining Rittenhouse.
During the cross-examination, Binger engaged in a line of questioning with the apparent intention of proving that Rittenhouse's testimony had been tainted by outside explanations for his actions on the night of Aug. 25, 2020. The prosecutor strangely stressed that though it has been more than a year since the incidents took place, Rittenhouse was only now offering public testimony for the first time.
The Illinois teenager has been charged with multiple counts of felony murder for fatally shooting two men and wounding another during Black Lives Matter riots in Kenosha, Wisconsin, last year. His legal team is arguing that his actions were taken in self-defense.
As the questioning escalated, Kenosha County Circuit Court Judge Bruce Schroeder abruptly dismissed the jury to have a chat with Binger, during which he reminded him that it is a "grave constitutional violation" for him to talk about Rittenhouse's right to remain silent, according to Newsweek.
"You're right on the borderline. You may be over. But it better stop," Schroeder warned the prosecutor before bringing the jury back into the courtroom.
What else?
Later, as Binger pressed Rittenhouse about his intentions in traveling to Kenosha armed with an AR-15 on the night of the incidents, Schroeder dismissed the jury a second time.
Binger had brought up an Aug. 10 incident during questioning that had reportedly been held open but with a bias toward exclusion in a pretrial order. The incident involves a video that shows Rittenhouse witnessing alleged shoplifters at a CVS drug store and saying if he had his gun he would "start shooting rounds" at them.
After the jury had left the room, things hit the fan. Defense attorney Mark Richards asked the court to strongly admonish the prosecution, adding that next time it happened, he would request "a mistrial with prejudice."
Tempers flare as prosecution questions Kyle Rittenhouse www.youtube.com
"Why would you think that that made it OK for you to bring this matter before the jury?" Schroeder pointedly asked Binger. "You should have come and asked for reconsideration!"
"I was astonished when you began his examination by commenting on the defendant's post-arrest silence. That's basic law. It's been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that," he continued. "I don't know what you're up to."
Binger explained that he was trying to impeach Rittenhouse with his line of questioning by arguing the Aug. 10 incident was "identical to what was going on the night of Aug. 25."
Schroeder emphatically disagreed, saying, "I'm not going to rehash the motion! That's absolutely untrue." The judge later argued that nothing in the prosecution's case dictates that the defendant was "lying in wait to shoot at somebody."
When Binger coyly argued that the state of play had changed on Wednesday due to Rittenhouse's testimony, Schroeder shot back angrily.
"Don't get brazen with me!" he yelled loudly. "You know very well that an attorney can't go into these types of areas when the judge has already ruled, without asking outside the presence of the jury to do so. So don't give me that!"
"I said it couldn't come in and it isn't coming in, no matter what you think!" the judge concluded.