Author Topic: Day by Day Rittenhouse Trial Coverage  (Read 2129 times)

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Offline SVPete

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Day by Day Rittenhouse Trial Coverage
« on: November 05, 2021, 12:08:00 PM »
Andrew Branca is doing day by day live coverage and summaries, accessible here, https://legalinsurrection.com/author/law-of-self-defense/ . At present the prosecution looks to be the flounder whose fan mail was not received by Rocky and Bullwinkle.
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Re: Day by Day Rittenhouse Trial Coverage
« Reply #1 on: November 05, 2021, 12:22:45 PM »
I was more than a little surprised to see a witness for the prosecution actually testify about Rosenbaum's threat conveyed to him and Rittenhouse. Further, that video trashes the prosecutor's opening statement in that Rittenhouse was being chased by Rosenbaum.

One would think that witnesses called by the prosecution would strengthen the prosecutor's case. Doesn't appear to have happened.
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Offline DefiantSix

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #2 on: November 05, 2021, 01:25:47 PM »
...One would think that witnesses called by the prosecution would strengthen the prosecutor's case. Doesn't appear to have happened.

I suspect this prosecutor attended the same law school as #JoeTheFraud Biden...  :thatsright:

Probably got about the same grades as him, too...
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Offline ADsOutburst

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #3 on: November 05, 2021, 02:09:03 PM »
The prosecutor might as well be saying "Because of the defendant, a man can't even burn down a city in peace anymore anymore. What a country!".
« Last Edit: November 05, 2021, 02:12:43 PM by ADsOutburst »

Online Mr Mannn

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #4 on: November 06, 2021, 04:10:59 AM »
Man Kyle Rittenhouse Shot Had Loaded Handgun, Witness Testifies http://dlvr.it/SC0SrV

Offline SVPete

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #5 on: November 06, 2021, 11:12:07 AM »
Rittenhouse Trial Day 4: Two State Blunders Create Opportunity for the Defense

https://legalinsurrection.com/2021/11/rittenhouse-trial-day-4-two-state-blunders-create-opportunity-for-the-defense/
Posted by Andrew Branca
Quote
The great defense fumble of the day—from which they may still recover, if they even recognize the error—was accidentally revealed by the State making its own small error and getting caught by the defense.  Or, perhaps more accurately, half-caught.

This generalized legal smash-up occurred during the questioning of State’s witness Susan Hughes, the great-aunt of Anthony Huber.  Huber, you will remember, was the second man shot by Kyle the night of August 25, 2020, and fatally, after he struck Kyle twice around the head with a heavy skateboard, then grabbed Kyle’s rifle to seize it from him.
...
As ADA Jim Kraus was conducting direct questioning of Ms. Hughes, he attempted to introduce into evidence her testimony about an event from Huber’s childhood in which he’d purportedly saved a family gathering from an impending explosion.

Kraus initiated this by asking Ms. Hughes, “Have you known Huber to run to danger?”

The defense immediately objected, on grounds of relevance and also that it was inadmissible habit and custom evidence—that is, evidence attempting to argue that because somebody acted in a certain way on one occasion, that meant he acted in a similar way on a later occasion.  Such evidence intended to prove a character trait or a proclivity is generally inadmissible

Remarkably, when the defense objected on the grounds of habit and custom, and Judge Schroeder sustained the objection on that basis, ADA Kraus looked directly at the judge and whined (all this in front of the jury, mind you), “All we’ve heard in this trial is nothing but habit and custom evidence.”
For those of you not in the legal profession, let me be the one to inform you—you don’t backtalk to the judge. Never, ever, ever. At least, not with expecting a smackdown.
...
The state’s position was that this evidence of Huber’s heroic conduct should be admissible because it would rebut the defense argument that Huber was the initial aggressor in his confrontation with Rittenhouse. That issue of initial aggressor, of course, goes right to the self-defense element of Innocence, without which Kyle’s claim of self-defense with respect to Huber would collapse.

That Huber was the initial aggressor is, of course, incontestably captured on video, as he chased down the fleeing Kyle, struck him twice with the heavy skateboard, and was fighting Kyle for control of his rifle when Kyle fired the single round that killed him.
...
The only question is whether Kyle reasonably perceived he was facing an unlawful, imminent deadly force attack. If he was, he was privileged to use deadly defensive force regardless of what might have been in Huber’s head (about which, again, we have no actual evidence, or anything other than speculation).
...
The second major blunder of the day was also triggered by none other than ADA Kraus, this time during his questioning of State’s witness Kariann Swart, described as the fiancé of Joseph Rosenbaum.

You’ll recall that all evidence of Rosenbaum’s psychiatric issues, including his that-day release from the mental ward of the local hospital, had been excluded from the trial by Judge Schroeder, primarily on the grounds that Kyle lacked personal knowledge of those matters at the moment he defended himself against Rosenbaum’s attack.  Had Kyle known, the information would have been relevant to his own state of mind, but he did not.

Suddenly, however, ADA Kraus asked Ms. Swart if Rosenbaum had taken his medication that day.  She said he had—but the defense took note of the question.  After direct questioning by Kraus was done, and before the defense began its cross, the defense asked for the opportunity for a conversation with the judge outside the hearing of the jury and Ms. Swart.

During that conversation, the defense argued that Kraus asking about the medications opened the door to the defense exploring that issue of medication in more detail.  Medication, what kind of medication, for what purpose?

The State objected, of course, but the judge ultimately decided that the issue was relevant if the medications involved were psychiatric in nature, and if Ms. Swart actually possessed personal knowledge on that issue.

If I understand Branca correctly, what he terms as a "fumble" by the defense was not taking advantage of an opportunity to introduce Huber's otherwise excluded criminal history.
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Offline ADsOutburst

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #6 on: November 06, 2021, 11:35:26 AM »
Quote
ADA Kraus looked directly at the judge and whined (all this in front of the jury, mind you), “All we’ve heard in this trial is nothing but habit and custom evidence.”

Wow. I realize the prosecution hasn't exactly been compelling, but this is basically self-satire.  :lmao:

Online Mr Mannn

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #7 on: November 06, 2021, 12:39:55 PM »
https://pjmedia.com/news-and-politics/victoria-taft/2021/11/06/prosecution-tips-hand-plans-to-depict-rittenhouse-attacker-as-hero-that-turns-out-to-be-a-problem-n1529899
Prosecution Tips Hand, Plans to Depict Rittenhouse Attacker as 'Hero.' That Turns Out to Be a Problem.
Quote
During the testimony of Anthony Huber’s great-aunt, Susan Hughes, the prosecution attempted to have her tell a story about a time when Huber “ran into danger.” Rittenhouse attorneys objected that the story was inadmissible because of a rule about habit and custom evidence. The jury was abruptly sent out after prosecutors complained about the judge sustaining the objection.

In arguments over the issue, Assistant District Attorney Jim Kraus gave away the prosecution’s play book. It’s a narrative that has little to do with the law and plenty to do with woke politics, P.R. and the erosion of self-defense.

Kraus argued that he wanted the aunt to tell a story about Huber’s attempt to “save” his family from an impending explosion. He said it should be allowed because the prosecution intended to weave a narrative about Huber’s heroism the night of the shootings. Indeed, Kraus said he planned to tell the jury that Huber was a “hero” for attacking Rittenhouse because of his possible belief that Rittenhouse was an active shooter. No one knows, nor has evidence been put forward, about Huber’s motive for attacking Rittenhouse. The prosecution will argue that Huber was provoked to beat Rittenhouse with his skateboard because of the first shooting of Joseph Rosenbaum.

he defense argues that Rittenhouse was pursued by Huber, beaten with a skateboard by Huber as he lay on the ground, and then, when Huber attempted to take the then 17-year-old’s rifle, Rittenhouse fired it, killing Huber. They contend that Huber was the aggressor in the situation, which must be present in a case of self-defense.

The prosecution was trying to bring in evidence in support of Huber’s custom of being a “hero” with noble intentions, because he was such a stand up guy.

The judge said he’d allow the testimony and the defense could respond. And the defense said, great, we’re going to tell the story about that cool time when Huber held a knife to his brother’s neck and stomach and threatened to gut him, the time he strangled someone, and the time he threatened to burn the house down with all his family members inside. Good times.

Indeed, there’s plenty to bring up about the “habit and custom” of Anthony Huber.

The prosecution ultimately chose not to introduce the story about Huber’s heroism in that instance.

The issue that matters in court is the part where the armed Rittenhouse is chased, jumped, kicked in the head, knocked down, then set upon by a guy with a skateboard. He feared for his life and acted accordingly. Legal expert on self-defense law Andrew Branca says Rittenhouse didn’t know the motives of his attacker. All Rittenhouse knew was that Huber wanted to hurt or kill him.

Hmmm. What other violent murderers does the Left call hero? Che Guevera.

Online Mr Mannn

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #8 on: November 06, 2021, 12:53:45 PM »
here is a quote from a Free Republic discussion:
The end game is officially protected violence against the enemies of the Left. That's what this is about, that's what the systematic corruption of the justice system is about.

Offline freedumb2003b

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #9 on: November 06, 2021, 02:00:35 PM »
I was more than a little surprised to see a witness for the prosecution actually testify about Rosenbaum's threat conveyed to him and Rittenhouse. Further, that video trashes the prosecutor's opening statement in that Rittenhouse was being chased by Rosenbaum.

One would think that witnesses called by the prosecution would strengthen the prosecutor's case. Doesn't appear to have happened.

I read a lot about the prosecution witness saying Rosenbaum LUNGED at Rittenhouse and being corrected by the prosecutor.  FWIU, it went:

Prosecutor: you mean he FELL towards the defendant
Witness: no, he LUNGED at him
P: FELL while he was moving away you mean?
W: No, LUNGED AT him

For several rounds.

How could a prosecutor not know the cardinal rule of witness examination? Never ask a question you do not already know the answer to.

The wheels have fallen off this persecution.
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Offline ADsOutburst

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #10 on: November 06, 2021, 02:36:51 PM »
here is a quote from a Free Republic discussion:
The end game is officially protected violence against the enemies of the Left. That's what this is about, that's what the systematic corruption of the justice system is about.

The explains the underlying hypocrisy of the left's position on this case, that what Rittenhouse (not the rioters) did was "provocative", and that he should have stayed home if he wanted to be safe.

No wonder the left always worries about "open season on libs" if they're planning the same thing for us.
« Last Edit: November 06, 2021, 05:57:48 PM by ADsOutburst »

Online Muddling 2

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #11 on: November 06, 2021, 03:19:16 PM »
https://pjmedia.com/news-and-politics/victoria-taft/2021/11/06/prosecution-tips-hand-plans-to-depict-rittenhouse-attacker-as-hero-that-turns-out-to-be-a-problem-n1529899
Prosecution Tips Hand, Plans to Depict Rittenhouse Attacker as 'Hero.' That Turns Out to Be a Problem.
Hmmm. What other violent murderers does the Left call hero? Che Guevera.

Bill Ayers.

James T Hodgkinson (attempted)

Floyd Lee Corkins (Attempted)

Mao

Stalin
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Offline DefiantSix

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #12 on: November 06, 2021, 08:34:31 PM »
https://pjmedia.com/news-and-politics/victoria-taft/2021/11/06/prosecution-tips-hand-plans-to-depict-rittenhouse-attacker-as-hero-that-turns-out-to-be-a-problem-n1529899
Prosecution Tips Hand, Plans to Depict Rittenhouse Attacker as 'Hero.' That Turns Out to Be a Problem.
Hmmm. What other violent murderers does the Left call hero? Che Guevera.
Bill Ayers.

James T Hodgkinson (attempted)

Floyd Lee Corkins (Attempted)

Mao

Stalin

Andrew Cuomo.
"Stand your ground. Don't fire unless fired upon, but if they mean to have a war, let it begin here." -- Capt. John Parker

Offline Happy Fun Ball

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #13 on: November 06, 2021, 09:55:53 PM »
Bill Ayers.

James T Hodgkinson (attempted)

Floyd Lee Corkins (Attempted)

Mao

Stalin


Andrew Cuomo.

Ted Kennedy

Offline Zathras

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #14 on: November 07, 2021, 01:47:14 AM »
Bill Ayers.

James T Hodgkinson (attempted)

Floyd Lee Corkins (Attempted)

Mao

Stalin
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Offline ADsOutburst

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #15 on: November 07, 2021, 05:29:40 PM »
There is a video circulating Twitter now. It's supposedly a relative of George Floyd, claiming that he knows people who are photographing jury members with the intention of doxxing them if Rittenhouse is acquitted.
« Last Edit: November 07, 2021, 05:40:55 PM by ADsOutburst »

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #16 on: November 07, 2021, 05:34:17 PM »
there is a video circulating Twitter now. It's supposedly a relative of George Floyd, claiming that he knows people who are photographing jury members with the intention of doxxing them if Rittenhouse is acquitted.

The media circus that it is, that trial should never have been held in Kenosha. Of course, the people getting doxxed -- assuming that would happen -- wouldn't enjoy that regardless where the trial is held.
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Online Mr Mannn

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #17 on: November 07, 2021, 06:34:18 PM »
There is a video circulating Twitter now. It's supposedly a relative of George Floyd, claiming that he knows people who are photographing jury members with the intention of doxxing them if Rittenhouse is acquitted.
Lefty doesn't want fair trials. They want Soviet style show trails where the outcome is determined in advance.
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Online Mr Mannn

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #18 on: November 08, 2021, 02:21:50 PM »
https://twitter.com/realDailyWire/status/1457792617492615172
Quote
“It wasn’t until you pointed your gun at him, advanced on him with your gun pointed at him, that he fired, right?”

Witness who was shot by Rittenhouse: “Correct”

the witness also revealed that while he once had the permit for the gun, it was expired at the time of the shooting. He also carried concealed without a license.

Online Muddling 2

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #19 on: November 08, 2021, 02:28:36 PM »
https://twitter.com/realDailyWire/status/1457792617492615172
the witness also revealed that while he once had the permit for the gun, it was expired at the time of the shooting. He also carried concealed without a license.

Was he the one who also said he had been under the influence of narcotics?

I'm having trouble keeping up w/ all the perps.
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Online Mr Mannn

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #21 on: November 08, 2021, 03:46:50 PM »
30 minute video by Tim Pool. Like always you can pick up everything in the first 5 minutes.
https://www.youtube.com/watch?v=fPFuPNkbdaI

Online Mr Mannn

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #22 on: November 08, 2021, 04:11:52 PM »
Here is a new term I learned today:
https://www.law.cornell.edu/wex/directed_verdict

Quote
    A directed verdict is a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion.

    The trial court may grant a directed verdict either sua sponte or upon a motion by either party.  A directed verdict may be granted at any time, but usually occurs after at least one party has been fully heard.

    Motions for a directed verdict are governed by Rule 50 of the Federal Rules of Civil Procedure and Rule 29 of the Federal Rules of Criminal Procedure.

    Directed verdicts have been largely replaced by judgment as a matter of law (JMOL).

Offline DefiantSix

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #23 on: November 08, 2021, 05:40:28 PM »
Was he the one who also said he had been under the influence of narcotics?

I'm having trouble keeping up w/ all the perps.

My understanding is that the mutt with the gun was a prior convicted felon (Aggravated Burglary IIRC). Meaning, by law, he was committing yet another felony simply by being in possession of the sidearm. Pointing it at Rittenhouse was Assault with a Deadly Weapon, another felony.

Too bad leftists couldn't be consistent in the application of their own gun control laws...

 :popcorn:
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Offline ADsOutburst

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Re: Day by Day Rittenhouse Trial Coverage
« Reply #24 on: November 08, 2021, 05:50:55 PM »
I hope conservative news sources run with this.