Prosecutors want jury to consider lesser charges in U.S. teen
Rittenhouse's murder trial
Send a link to a friend
[November 12, 2021]
By Nathan Layne
KENOSHA, Wis. (Reuters) -Prosecutors in the
murder trial of Kyle Rittenhouse said they would seek approval for the
jury to consider lesser charges after days of testimony in which
considerable evidence was presented in the U.S. teenager's argument that
he acted in self-defense.
Rittenhouse, 18, is charged in the killing of Joseph Rosenbaum, 36, and
Anthony Huber, 26, and the wounding of Gaige Grosskreutz, 27, during
chaotic racial justice protests in Kenosha, Wisconsin, on Aug. 25, 2020
following the police shooting and wounding of a Black man. Rittenhouse
has pleaded not guilty.
The defense lawyers rested their case after calling their final witness,
a video journalist who testified that one of the men Rittenhouse fatally
shot had charged and lunged at the teenager, who was 17 at the time of
the shootings.
Kenosha County Judge Bruce Schroeder said closing arguments in the trial
would begin on Monday. He said the prosecution and defense would each
have 2-1/2 hours to address the jury.
![](http://archives.lincolndailynews.com/2021/Nov/12/images/ads/current/chicagost_sda_FFARM_2021.png)
The arguments are likely to underscore how Rittenhouse has become a
divisive figure. He is viewed as heroic by some conservatives who favor
expansive gun rights and consider the shootings justified amid protests
in Kenosha marred by arson and looting. Many on the left view
Rittenhouse as a vigilante and a symbol of an out-of-control American
gun culture.
Kenosha County Assistant District Attorney James Kraus said he planned
to ask the judge to allow the jury to consider lesser charges -
so-called lesser included offenses - on the counts involving the
shootings of Huber and Grosskreutz, a move that would lower the burden
of proof for conviction.
Prosecutors have sought to paint Rittenhouse as a vigilante who carried
an assault-style weapon into a volatile melee and wanted to use it, but
a series of witnesses have offered testimony about the threats posed to
the teenager that night.
Michael F. Hart, a criminal defense lawyer in Milwaukee who has
monitored the nearly two-week trial, said he could not recall a witness
who was harmful to Rittenhouse's argument of self-defense. He said the
prosecution's request, which must be approved by the judge, was not
unusual in homicide cases.
"I'm not surprised the state requested lesser included instructions,"
Hart said. "They recongize that their case had some shortcomings and
they are trying to salvage as many convictions as they can."
SELF-DEFENSE ARGUMENT
Rittenhouse was charged with first degree intentional homicide in the
death of Huber and attempted first degree intentional homicide in the
shooting of Grosskreutz. He faces life in prison if convicted on those
counts.
With Huber, Kraus said he wanted all lesser charges approved for
consideration by the jury. That would open the door to four additional
counts ranging from second degree intentional homicide down to second
degree reckless homicide.
[to top of second column]
|
![](../images/111221PIX/news_c5.jpg)
Prosecutors in the murder trial of Kyle Rittenhouse said they would
seek approval for the jury to consider lesser charges after days of
testimony in which the U.S. teenager and his lawyers argued strongly
that he acted in self defense.
![](../images/ads/current/centraldirect_lda_SPONSOR_2021.png)
Kraus said he would seek the inclusion of one lesser
charge in the Grosskreutz shooting, which would allow the jury to
weigh a recklessly endangering safety charge.
Rittenhouse testified in his own defense on Wednesday, saying he
opened fire with his AR-15-style rifle to protect himself after
being attacked.
His lawyers sought to hammer home Rittenhouse's self-defense
argument by calling to the stand Drew Hernandez, then an independent
reporter in Kenosha to record the protests. Hernandez testified he
saw Rittenhouse earlier in the night calming down a potential
confrontation.
Hernandez, who now works for conservative media outlet Real
America's Voice, was close enough to record the Rosenbaum shooting.
He said he saw Rosenbaum "charging" at Rittenhouse and then lunging
at the teenager.
Hernandez had several tense exchanges with Kenosha County Assistant
District Attorney Thomas Binger, who noted that he referred to
Rittenhouse as "Kyle" in his testimony and had sent out a tweet
supportive of the "armed citizen" who had shot a man - later
identified as Rosenbaum - minutes after the shooting.
Earlier in the day, Binger again tangled with the judge, accusing
him of unfairness. The judge on Wednesday excoriated Binger for
broaching the teenager's decision to remain silent, as is his right,
and introducing inadmissible evidence.
The tensions resurfaced on Thursday when Binger argued against a
defense attempt to present an updated report from use-of-force
expert John Black, who took the witness stand to analyze video of
the shootings. Binger said the report contained evidence the judge
had already ruled could not be admitted.
"Yesterday I was the target of your ire for disregarding your
orders. Today the defense is disregarding your order," Binger said,
adding that "fundamental fairness" was the issue at stake. "If I'm
being held to obey the court's orders, I'm asking that the defense
be held to that to."
![](http://archives.lincolndailynews.com/2021/Nov/12/images/ads/current/farmersbank_lda_PPP_2019.png)
Schroeder responded: "I was talking yesterday about the Constitution
of the United States," referring to Rittenhouse's right to remain
silent. "That's not what we are talking about here today."
(Reporting by Nathan Layne; Editing by Ross Colvin, Will Dunham and
Grant McCool)
[© 2021 Thomson Reuters. All rights
reserved.] Copyright 2021 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content. |