Rittenhouse was arrested at his home in Antioch, Ill., A day after prosecutors said he shot and killed two protesters and injured a third on the streets of Kenosha on August 25.
His lawyers said Rittenhouse acted in self-defense and portrayed him as a courageous patriot who exercised his right to bear arms during the unrest. It has become somewhat of a famous cause among right-wing and gun circles..
Rittenhouse is charged with intentional first degree homicide in the murder of two protesters and attempted intentional homicide in the wounding of a third. He also faces a charge of possession of a firearm by a minor for handling a semi-automatic rifle.
A judge in Lake County, Illinois is expected to rule on sending Rittenhouse to Kenosha to face charges. A judge postponed a decision on his transfer last month after Rittenhouse’s public defender at the time requested a delay in the extradition hearing so he had time to hire a private lawyer.
Rittenhouse, who has been held in Illinois since his arrest, appears to have few options to fight the extradition.
His lawyers could argue that he is mentally incompetent and does not cooperate with them, which could delay the process, former Illinois judge and attorney David Erickson told The Associated Press.
“A prosecutor has to show that a crime has been committed in the state of Wisconsin and more than likely it is him,” he said.
Cheryl T. Bormann, a Chicago-area defense attorney who is not involved in the case, said fighting extradition is a “losing proposition” and that the guilt or innocence of Rittenhouse has no role in determining whether Illinois will honor Wisconsin’s request.
“The only real defense against extradition would be that Kyle Rittenhouse is not Kyle Rittenhouse. In other words, their lawyer should show they got the wrong person, ”Bormann said.