17-year-old arrested in killing of 2 people in Kenosha

[Bonesinium]

I know the difference between with and without prejudice. My point was your usage of mistrial vs dismissal.

 

[cams]

media can't really spin this case as a race war sadly

You sure about that?

 

[wilson911]

Binger should now start asking about the Russian ammo. That is his last chance!

I was actually worried about that. If he starts mentioning it was Tula, you know he is going after environmental charges, too!

 

[Jsfitzgerald85]

I know the difference between with and without prejudice. My point was your usage of mistrial vs dismissal.

would the difference be circumstance? A dismissal because of lets say lack of evidence as opposed to a mistrial because the prosecutor is an *** clown?

 

[Jsfitzgerald85]

I was actually worried about that. If he starts mentioning it was Tula, you know he is going after environmental charges, too!

"so you used Tula ammo"

"are you aware that it is harmful to the environment"

"were you trying to poison the people of Kenosha and not just shoot them"

 

[Matt_SERE]

I know the difference between with and without prejudice. My point was your usage of mistrial vs dismissal.

No, no, no. No face palm. IANAL so I swallowed my pride and asked 'legal minds'.

 

[eboos]

I should submit my time for trial practice CLE credit. This is probably some of the best time investment that I've ever had.

 

[PaulR]

Watched some at lunch.
It's amazing the lines of questioning they go down and the non-relevance to the case.
Otherwise, pretty good TV.

 

[slugworth]

Seems the prosecution just keeps going the way they’re going they’ll just get a miss trial that works in their favor right? Retrial??

 

[Path-Finder]

Make no mistake - had even one of the people Kyle shot in self defense as he was being attacked was BLACK, they're gonna have to convict just to keep the streets from burning. media can't really spin this case as a race war sadly

It's a good thing he didn't hit jump kick guy. He was an African gentleman.

 

[pdm]

Dismissal: haven't met the legal burden.
Mistrial: you done f***ed up.

(allegedly)

 

[AHM]

I guarantee he has immunity or it’s a wink and a nod agreement like what the prosecution surely has with rittenhouses friend Dominick who bought the rifle.

Wisconsin prosecutors have no power to immunize people from Federal charges.
Parallel crimes must be broomed with multiple immunity agreements.

Of course it became obvious from the drone issues
how the Wisconsin civil authorities were shacked-up with the Feds.


Here's a thought:
I wonder if this prosecution is so hideous because
the prosecutors are secretly getting micromanaged by DoJ,
like how LBJ was calling fire missions during Vietnam...

I don’t think grosskruetz is a prohibited person. I know he has one or a few convictions but I don’t think he’s a PP from those.

Think he's stupid enough to have a marijuana card?

Oh man everyone needs to watch this Heather woman. Totally not guilty, but has this 'band camp' aura to her testimony. That and it was all memorized. Entertaining stuff check her out on video at 1:06

Her charms escape me.

Some video here

Did the judge bite his tongue because he was about to tell the prosecution
that they'd opened the door to a mistrial?

I think there will be a judge's ruling after lunch. This case is quickly reaching the end. He was smart to not get heated at that moment.

Litmus test:
Does Kenosha PD call in the second shift while the sun is high in the sky.

That's the kind of tell like,
"why is Ivan holding a massive 'war game' next to the Fulda Gap?",
or "why are all these pizza delivery guys headed to the White House/Pentagon?".

*frantically searching ammo warehouses for Hollow Point FMJ bullets*

In the 40W range.

Legal minds, what would be a more damning commentary on the prosecution.

A Not-Guilty on all accounts within the first 1/2 hour of deliberation,

A directed verdict at the end of testimony,

I have to wonder whether the judge is worried enough about the jury getting doxxed
that he'll issue a directed verdict before deliberation,
instead of handing it to the jury,
fully prepared to possibly issue a judgment notwithstanding the verdict if they come back with "guilty".

A mistrial with prejudice?

Not sure if that is an actual thing that a trial court can declare unilaterally
(as opposed to something that results when a prosecutor's
attempt to retry a case is rebuffed at the final level of appeal).

ETA: Belay that.
I just realized that Kyle's lawyer used the term.
Either it's a euphemism or it's a thing that I don't know how it works.

 

[92G]

Glorious Watching judge Schroeder shout at that little snobby clown Binger.

 

[Bonesinium]

would the difference be circumstance? A dismissal because of lets say lack of evidence as opposed to a mistrial because the prosecutor is an *** clown?

Circumstances lead to lots of different outcomes. For example, and it is almost entirely dependent on the judge,

But if Binner keeps bringing up things he’s been barred from talking about, it can lead to a mistrial, where it can then be retried, OR if the judge thinks it’s intentional, significant, and prejudicial enough, can dismiss the charges all together.

If on closing, the judge thinks the state, as a matter of law, failed to prove all elements of the crime(s), can dismiss those charges.

If the jury convicts, and the judge thinks the conviction is in error of law, can overturn and acquit on said charge(s).

 

[G4Y4HK]

It's a good thing he didn't hit jump kick guy. He was an African gentleman.

I mean, Belle Delphine is technically African too

 

[dingbat]

Make no mistake - had even one of the people Kyle shot in self defense as he was being attacked was BLACK, they're gonna have to convict just to keep the streets from burning. media can't really spin this case as a race war sadly

Oh, But they are. “He shot and killed people protesting the shooting of a black man.” is what I’ve been hearing on the radio today.

 

[Noreaster]

POSSESSION OF A DANGEROUS WEAPON BY A PERSON UNDER 18

FAILURE TO COMPLY WITH AN EMERGENCY ORDER FROM STATE OR LOCAL GOVERNMENT

There is plenty of evidence and self incrimination on those 2 charges, since those 2 are actual charges in this case - i believe that will keep from a mistrial with prejudice, and directed verdict. However a mistrial that can be retried is very much on the table.

 

[Bonesinium]

POSSESSION OF A DANGEROUS WEAPON BY A PERSON UNDER 18

FAILURE TO COMPLY WITH AN EMERGENCY ORDER FROM STATE OR LOCAL GOVERNMENT

There is plenty of evidence and self incrimination on those 2 charges, since those 2 are real - i believe that will keep from a mistrial with prejudice, and directed verdict. However a mistrial that can be retried is very much on the table.

Wrong. The second one has already been dismissed.

As to the first one, the statute seems to define dangerous weapons as only short barreled rifles and short barrreled shotguns, as it relates to people older than 16 and under 18.

 

[Wooderson]

Make no mistake - had even one of the people Kyle shot in self defense as he was being attacked was BLACK, they're gonna have to convict just to keep the streets from burning. media can't really spin this case as a race war sadly

The unelected resident in chief did- what makes you think his mouthpieces won't?

 

[Noreaster]

Wrong. The second one has already been dismissed.

Missed that. Thanks.

 

[maltc]

Glorious Watching judge Schroeder shout at that little snobby clown Binger.

Absolute highlight. I was grinning ear to ear.

Kyle is doing great as well.

 

[bigbravehog]

The unelected resident in chief did- what makes you think his mouthpieces won't?

View attachment 541201

 

[Hoover]

if they can get on him illegal possession, that negates the self defense doesnt it? Even though its only a misdemeanor?

Not at all. A convicted felon can still use a gun legally in self defense while illegally possessing it.

 

[eboos]

Commentator just mentioned it - "I can't sleep when in a trial". I just had a trial last Monday where I got no effing sleep, was up at 2am. In my office by 5am and this was nothing. I didn't have my client's lifetime freedom in my hands.

 

[allen-1]

defense about to move for a mistrial... prosecutorial misbehavior

 

[Baby Billy]

Defense going to ask for a mistrial with prejudice.

 

[VTski4x4]

Fingers crossed

 

[Hoover]

Binger s questions are horrible. All the stuff about video games, FMJ, etc is irrelevant and wasting the jury’s time. He’s, also condescending and rude, that’s not helping with the jury.

And all the questions about lifeguard, work, working with the Antioch Fire, etc is making rittenhouse house like a normal teen and someone with medical experience. He’s making rittenhouse look good with all those and not like a savage looking for confrontation and to shoot people.

 

[cathouse01]

From National Review:

While questioning Rittenhouse, Assistant District Attorney Thomas Binger implied that his silence ahead of the trial was potentially incriminating. Rittenhouse’s attorney objected to the line of questioning. After instructing the jury to leave the room, the judge sustained the defense’s objection and berated the prosecutor for implying Rittenhouse should be penalized for exercising his constitutional right to remain silent.

“This is a grave constitutional violation for you to talk about the defendant’s silence, you’re right on the border line, you may be over. It better stop…This is not permitted,” the judge said, speaking to the prosecution attorney.

 

[pdm]

If Binger wanted this crap, he should have raised it in motions previously.