Jurors weighing charges against Kyle Rittenhouse on Wednesday asked to view video footage that was presented at the trial before Judge Bruce Schroeder confirmed he would consider procedures to allow it.
Defense attorney Mark Richards said he would object to the jury viewing a video that was shot via drone that prosecutors claimed showed Rittenhouse pointing his gun at people before the shooting. The jurors, however, did not indicate what video or videos they would watch.
“We’re going to now have, the jury will come down to the courtroom. And everybody will be shooed out of here as they should be. I’m not even sure, we’re going to need to review the procedure that has been outlined. But they get to watch it once, that is what the rule is?” Schroeder asked the lawyers.
Prosecutor Thomas Binger also stated that members of the jury should be able to view any video they wanted as many times as they wanted.
Rittenhouse testified he acted in self-defense, while prosecutors argued he provoked the violence. For the most significant charge, the 18-year-old faces a mandatory life sentence in prison.
Schroeder also addressed what he described as “misinformation” about the case and procedures. A local report from the Milwaukee Journal-Sentinel questioned why he hasn’t yet ruled on a defense motion to declare a mistrial with prejudice.
“I haven’t even had a chance to read the motion to dismiss. I just got it yesterday. And I really think before I rule on a motion, I should let the state respond,” he said, while members of the jury were not present. “ So why anyone would think, it is odd for the judge to sit on a motion to dismiss, I have no idea.”
“So I’m somewhat astounded,” Schroeder continued to say about media coverage of the trial. “It’s just a shame irresponsible statements are being made.”
During the Aug. 25, 2020, incident, Rittenhouse shot and killed Joseph Rosenbaum, 36, and Anthony Huber, 26, and wounded Gaige Grosskreutz, now 28.
In closing arguments, Binger said that Rittenhouse was the one who set the deadly chain of events into motion by bringing a rifle to protests and riots.
But Rittenhouse lawyer Mark Richards countered that Rittenhouse was ambushed by a “crazy person,” referring to Rosenbaum. Witnesses who were called to testify asserted that Rosenbaum attempted to grab for Rittenhouse’s rifle before the shooting.
Huber was shot and killed after he was seen on video hitting Rittenhouse with a skateboard. Meanwhile, Grosskreutz admitted he had his own gun drawn at Rittenhouse when he was shot in the arm.
Under Wisconsin state law, jurors must find that Rittenhouse believed there was an unlawful threat to him and that the amount of force he used was reasonable and necessary, Schroeder remarked.
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