Judge considers overturned trial in Kenosha shooting case amid iPad video confusion – .

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Judge considers overturned trial in Kenosha shooting case amid iPad video confusion – .


Kyle Rittenhouse breaks down at the stand as he testifies about meeting the late Joseph Rosenbaum during his trial at the Kenosha County Courthouse in Kenosha, Wisconsin on November 10, 2021
(REUTERS)

The judge presiding over Kyle Rittenhouse’s homicide trial said he would consider a motion by the defense to set aside the trial after the accused appeared Wednesday.

Mr Rittenhouse’s attorneys are asking to quash the trial with prejudice on account of what they called “professional misconduct”. The defense accused prosecutors of violating Mr Rittenhouse’s rights by mentioning his silence following the August 25, 2020 shooting and referring to a video that had previously been ruled inadmissible.

If the petition is accepted, Mr. Rittenhouse cannot be tried again for the same crimes.

The 18-year-old faces five counts, including homicide and possession of a minor for gunning Joseph Rosenbaum and Anthony Huber and injuring Gauge Grosskreutz during protests in Kenosha, Wisconsin. He could be sentenced to a maximum life sentence if convicted.

Earlier in Wednesday’s hearing, Mr Rittenhouse walked through the night of the shooting and broke down in tears as he described fearing for his life when confronted by protesters. ” I did not do anything wrong. I defended myself, ”he said.

On cross-examination, Mr. Rittenhouse admitted that it was illegal for him to carry an AR-15 rifle that he used in the shooting and said a friend bought it for him because: ” I thought it looked cool. ”

Prosecutor Thomas Binger has sought to highlight Mr. Rittenhouse’s inexperience with the AR-15s, but questioned his knowledge of the “all-metal shell” shells used in the shooting.

Tensions erupted just before lunch when Judge Bruce Schroeder berated the prosecution for referring to a video that had been excluded from evidence at a preliminary hearing.

Later that day, the prosecution took another hit when the defense sought to exclude another video on the grounds that it had been filmed on an iPad with the “pinch to zoom” function. Judge Schroeder sided with the defense and said the prosecution should bring in an expert to prove the footage is reliable.

Follow the latest updates live:

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Defense seeks to exclude video recorded by iPad

Defense attorney Mark Richards has sought to exclude a video of Mr Rittenhouse shooting Mr Rosenbaum because he said it could be distorted as it was filmed on an iPad.
Mr Richards took issue with Apple’s “pinch-to-zoom” feature, whereby he said the camera “creates what it thinks is there” by adding pixels with “artificial intelligence.”
Mr Binger countered that the feature only enhances an already present image in the same way that a magnifying glass does. He suggested that the defense bring in a witness to testify as to how the image might be distorted.
But Judge Schroeder disagreed, saying it is the prosecution’s responsibility to show that their exhibit is reliable.
Megan leavesNovember 10, 2021 9:01 PM
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Rittenhouse asked to explain why he hadn’t returned home sooner

Mr Rittenhouse’s confidence appeared to falter when asked why he hadn’t returned home after police drove protesters away from the 59th Street Car Source location he said he was asked to protect.
Mr Binger urged the defendant to admit that before the shooting, the scene outside the company had largely faded away. “Why didn’t you go home then? ” He asked.
Mr Rittenhouse said he stayed outside to provide medical help to anyone who needed it, before Mr Binger recalled that no one nearby appeared to be injured.
The defendant said he then received a call from his friend Dominick Black about a fire at another nearby Car Source location and ran to help him put it out. Mr Binger released a video of Mr Rittenhouse running with a fire extinguisher and asked why he felt the need to bring his rifle with him.
Mr Rittenhouse said he did not remove the rifle because “I was alone… No one else was there to protect me”.
Megan leavesNovember 10, 2021 8:34 PM
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The judge’s ringtone is Lee Greenwood’s “God Bless the USA” – Trump’s rally theme song

Shortly after lunch, the trial was interrupted by Judge Schroeder’s God Bless The USA ringing.
Twitter users were quick to note that Lee Greenwood’s patriotic anthem was frequently used at campaign rallies for former President Donald Trump.
Megan leavesNovember 10, 2021 8:08 PM
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Rittenhouse returns to the stand to resume cross-examination

Mr Rittenhouse was called back to the witness stand to resume cross-examination after Judge Schroeder said he would consider the motion to quash the trial.
Mr Binger, the prosecutor, asked a series of questions to clarify the course of events on August 25, 2020 and to dig holes in Mr Rittenhouse’s account.
When Judge Schroeder stepped in to ask what Mr Binger was up to, the prosecutor said he was looking to establish Mr Rittenhouse’s state of mind before the shooting.
Mr Binger’s questions were intended to reinforce the larger prosecution narrative that Mr Rittenhouse was actively looking for “rubs” that night.
Mr Rittenhouse said he didn’t expect to be attacked, but brought a gun with him just in case things went wrong.
Megan leavesNovember 10, 2021 20:00
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The judge will examine the motion to quash the trial “under advisement”

Justice Schroeder said he would take the motion to quash the trial under advisement after berating the prosecution for showing video of Mr Rittenhouse saying he wanted to shoot shoplifters on August 10, 2020.
“When you say you were acting in good faith, I don’t believe you,” the judge told prosecutors.
Megan leavesNovember 10, 2021 7:29 PM
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Lawyers for Mr Rittenhouse announced their intention to file a motion to quash a prejudicial trial when the court returned for lunch.
The defense challenged prosecutors discussing Rittenhouse’s right to remain silent before the jury and referring to a video previously ruled inadmissible.
If the motion is granted, Mr. Rittenhouse could not be retried for the crimes.

Megan leavesNovember 10, 2021 7:16 PM
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Chicago braces for unrest over Rittenhouse verdict

The Chicago Police Department appears to be bracing for trouble in the event Rittenhouse is acquitted of the homicide charges by canceling all days off scheduled for all sworn personnel starting Friday.
“All RDO [regular day off] staff will be dressed in the regulatory campaign uniform of the day, including a hard hat, baton and yellow safety vest, ”First Deputy Police Superintendent Eric Carter wrote in the note obtained by the Chicago Sun Time.
A CPD spokesperson said all full sworn members will have a canceled day off between November 12 and 15 “to improve public safety and combat crime trends” in a statement to News week.
Fraternal Order of Police president John Cataranza condemned the cancellation in a YouTube video, accusing the department of giving insufficient notice.
“There was no notice. They don’t just say, ‘We need manpower just in case, you know, a verdict isn’t positive’ and all of a sudden there’s an upheaval, ”Mr. Catanzara.
Megan leavesNovember 10, 2021 7:05 PM
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Prosecution tests Rittenhouse’s knowledge of bullets

Mr Binger asked Mr Rittenhouse about his limited experience with the AR-15 and the ammunition he used in the shooting for the apparent purpose of showing the jury that he should not have brought it to Kenosha in the first place.
Mr Rittenhouse said the bullets he had used – ‘all-metal casing’ cartridges – had been purchased by the same friend who had provided him with the gun, and that he knew what type they were but did not. didn’t know how they worked. “A bullet is a bullet,” he said.
Judge Schroeder has indicated he’s ready for Mr. Binger to drop this round of questions before sending the jury to lunch until 2 p.m. EST.
Megan leavesNovember 10, 2021 6:08 PM
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Judge admonishes prosecution for referring to video outside of evidence

Tensions erupted in the courtroom when Judge Schroeder attacked Mr Binger for appearing in reference to a cell phone video that was ruled inadmissible in a preliminary hearing.
The video allegedly showed Mr Rittenhouse saying he wished he had a gun so he could shoot people he said were shoplifting in a CVS two weeks before the events in Kenosha.
With the jury removed, Mr Binger argued that the video could be used to impeach Mr Rittenhouse and illustrate his state of mind when he killed two men on August 25.
Judge Schroeder raised his voice shouting as he told Mr Binger the prosecution had to file a motion if they wanted him to reconsider the introduction of the video into evidence.
“Don’t be cheeky with me! Yelled the judge. “I said when I made my ruling I don’t see any similarity between talking about ‘wishing you had your AR weapon’, which you don’t have, to shooting bullets at shoplifters , and the incidents in these cases. “
Defense attorneys for the enraged Mr Rittenhouse also said they would call for the trial to be quashed if prosecutors continued that line of questioning.
Megan leavesNovember 10, 2021 5:45 PM
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Rittenhouse says he bought the AR-15 “because it looked cool”

Mr Binger, the prosecutor, questioned Mr Rittenhouse at length about the AR-15 he used in the shooting when he was too young to legally own one.
Mr Rittenhouse confirmed that his friend Dominick Black purchased the gun on his behalf because he was a minor.
He said he chose the gun because, “I thought it looked cool. “
Mr. Rittenhouse pushed back when Mr. Binger suggested he was attracted to the gun because it looks like the ones used in video games.
“There are guns in video games that look like all guns,” Mr. Rittenhouse said. “It’s just a video game. This is not real life.
Megan leavesNovember 10, 2021 5:40 PM

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