The prosecution of 17-year-old Kyle Rittenhouse has been such a disaster that it will be a wonder if the jury convicts him of more than a misdemeanor.
Judge Bruce Schroeder has already dismissed a minor charge against Rittenhouse that alleged he violated Kenosha’s curfew the night he shot and killed two rioters who were pursuing him. Apparently, the prosecution failed to document the curfew’s existence, therefore failing to prove Rittenhouse violated it.
The other charges — first-degree reckless homicide, first-degree recklessly endangering safety, first-degree intentional homicide, attempted first-degree intentional homicide, and misdemeanor possession of a dangerous weapon by a person under 18 — have fallen flat because of the prosecutors’ poor handling of this case.
To start, the prosecution’s own witnesses discredited the allegation Rittenhouse shot the men chasing him without cause. Richie McGinnis, a Daily Caller videographer, testified that he saw Joseph Rosenbaum, the first person shot by Rittenhouse, chase him and lunge for his weapon. When asked how McGinnis could know what Rosenbaum intended to do, McGinnis revealed he heard Rosenbaum say, “F*** you,” to Rittenhouse before reaching for his weapon.
Then Gaige Grosskreutz, who was shot in the arm by Rittenhouse, admitted he had first pointed a gun at Rittenhouse.
“It wasn’t until you pointed your gun at him, advanced on him … that he fired, right?” Rittenhouse defense attorney Corey Chirafisi asked.
“Correct,” Grosskreutz replied.
Prosecutors have also made so many legal blunders that it’s beginning to look like they want a mistrial, and the defense has made that accusation. Here are some examples from Wednesday’s proceedings alone: Judge Schroeder shut down prosecutor Thomas Binger’s line of questioning after Binger brought up a Rittenhouse statement previously ruled as inadmissible. Schroeder rebuked Binger for trying to draw an adverse inference about Rittenhouse’s decision to plead the Fifth Amendment before eventually agreeing to take the stand, which could amount to a “grave constitutional violation” of Rittenhouse’s rights.
As a result of Binger’s ineptitude, Rittenhouse’s team asked for a mistrial with prejudice. Whether Schroeder grants this request will depend on whether he believes Binger has unfairly prejudiced the jury against Rittenhouse. But for now, it just looks like Binger’s behavior has helped rather than hurt Rittenhouse.
