Kyle Rittenhouse Trumpster Youth monster

Kyle Rittenhouse- A Monster Is Born

Kyle Rittenhouse- A Monster Is Born

Kyle Rittenhouse is a monster, born of a right wing media worldview, Proud Boys, and Wisconsin cops always looking for violence loopholes. Any ability to get civilians to shoot protesters is  desirable to them, but they hit gold with Kyle’s killing spree being acquitted. Expect to see Republican politicians and the talking heads that script them to seize upon Kyle as the ultimate poster boy and human shield.

Selfish Defense

The key point of the defense was arguing self defense. It’s been twisted to say that if you go commit a gun crime. Then when people are trying to apprehend you, you can then shoot your way out. Then claim self defense. Like what Kyle Rittenhouse did. He armed himself, went to a protest, and he created this problem by threatening and intimidate people with a deadly weapon. Then he proceeded to lie and threaten people to get to flee the scene into the warm bosom of law enforcement officers. Typically you can’t claim self defense in a situation where you’ve provoked the incident. A combination of Judge’s instructions and the jury accepting the doubts invented by the defense. Not that they did a good enough job here of convincing jurors. This was a political verdict on all counts. This jury was acting on their right wing media training.

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No Easy Cases

There is no such thing as an easy defense. And it’s not so much that it was a poor prosecution, but really poor facts for the prosecution in Wisconsin. The prosecution had to disprove self defense, all the elements or any one of them beyond a reasonable doubt. In addition to proving their case. Now at the last minute, they almost snatched victory from the jaws of defeat when they got their provocation instruction included, making a guilty finding possible. Because that could completely upend the self defense defense. But to win, the prosecution needed to convince a jury that in the confrontation with Joseph Rosenbaum, Kyle Rittenhouse was the one who started it.

However the only evidence they ever had of that was this grainy, pixelated video imagery of a master copy that was compressed in the process of delivery. It showed up late in the trial.

Blurry Provocation of Kyle Rittenhouse

Provocation was so important to the prosecution. They mentioned it in their opening statement zero times. So here the prosecution really it can’t be said that they weren’t aggressive. In fact, it’s their aggressiveness that almost got them in a lot of trouble. They almost crossed several different lines. So in this case, the prosecution did their best, but they didn’t have a particularly good set of facts. Which was, what was he doing there? Gosh, why was that happening at the same time that there was that? Did they miss out? Then should they have found another lesser charge to put in there that would have been easier case for this jury to accept?

The prosecution’s real problems began when one of their key witnesses, the victim who survived, took the witness stand. Then on cross examination, he essentially conceded self defense. He talked about the fact that there was a gun in his hand. It gave the impression that Kyle Rittenhouse was not a threat enough to fire upon. While creating a possibility that the handgun could have been pointed at Kyle. A 180 degree twist from the reality of the situation. The prosecution tried to argue their way out of that situation. But I think the die was cast in a significant way at that point.

It looks like putting Kyle Rittenhouse on the stand was a great move. Did they need to do it? Well, it’s so easy now to say Oh, brilliant move, but it was needed to push the self defense claims.

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The courts are supposed to be public. When we first came up with that concept of courts being open to the public. All you had to communicate was a scroll, a pen that looked like a feather, and somebody shouting in the Town Square. Now that technology is advanced to the point where we can live stream everything anytime, anywhere from the comfort of our phone. So with the idea that the court should still be public. I don’t think anything has changed just because technology has moved on from the time of the framers. So I think cameras in the courtroom are a good thing.

What Legal Action Can Respond To This?

What’s next for the shooting victims? Do they have another place to go? Where can Mr. Huber’s and Mr. Rosenbaum’s family go? Do they go to a civil suit against him? A suit against the cities that failed to protect against a Kyle Rittenhouse? Do they have another avenue here for justice, or peace of mind? The real answer is no.
If you can find a lawyer to file a civil suit against Karl Rittenhouse you can take it to court. Don’t think that that would be an effective lawsuit. Not after a contrary jury verdict. It would just lead to more frustration. I guess we can wait for Kyle to kill again and have a fresh murder to try him on.

Part of what you ultimately have to look at is the fact that those prosecutors did not reassure the people that they were going to do their best to make sure justice was served. Wisconsin doesn’t have what you’d call a true manslaughter statute. They just have different versions of murder charges. Some people think they are the equivalent of manslaughter. Effectively, second degree intentional homicide. It’s their version of third degree reckless homicide.

Whacky Wisconsin Laws

With that in mind, if I were to just ask about the first shooting that Karl Rittenhouse committed. What do you think, it is a murder or manslaughter? Almost everyone says it’s a murder. Of course look at the way they presented the case. It’s not that they essentially charged him with manslaughter based on that first crime, and then murder based on the second person that he shot. The young man who tried to stop him by hitting him with a skateboard. That makes for a very disconnected case in terms of the way that you outlay your facts during the presentation of evidence. It makes it extremely confusing for the jury when they go back there and they deliberate.

A more effective approach would have been to just charge Rittenhouse with second degree intentional homicide for all of the shootings that he committed. It makes it easier for you to present evidence and then move into your argument during jury deliberations. Also, the jury was not given any instruction about how to actually work through this charge. This is critical when you want them to reach a conviction. To be effective, you have to be a teacher. You have to teach the jury what the law is, and you have to lay out how they’re supposed to follow that law during the course of the trial.

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One of the things to know, as the prosecution, is that you don’t get a second shot at the trial. If you get an acquittal like prosecutors did here. The prosecution doesn’t get to take an appeal and ask the court to reverse the trial judge for misconduct. Your only shot is in that first trial. So for prosecutors to not have anticipated that this judge would pull some of the antics that he’s infamous for locally, is likely a misstep. They did look surprised at times. It likely created some bad impressions with the jury. So their handling of the judge throughout was problematic.

In a case like this, I think a fundamental aspect of managing this judge was managing the presentation of the evidence. I thought the state went down roads they didn’t need to. The defense made it more politically charged than it needed to be. This should have been a theme based primarily on safety. The message should have been Hey, folks, look, despite all the background noise here. All we’re trying to do is keep people safe.
You can’t keep people safe when you’ve got somebody running around shooting people and putting other people in danger. You’ve got to admit that having two people shot and killed at a protest and a third person nearly shot and all the people that were placed in harm’s way is something that we can’t take for acceptable.

Political judges make for bad trials

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The things that set the judge off had more to do with the politics underlying the case. Justice is tainted without proof by the prosecution of the toxic political overtones. To show the reach of outside political groups into Kenosha through Kyle Rittenhouse by Proud Boys and Oath Keepers, plus right wing media. The setting for intolerance of dissent comes in pre-programmed onto the minds of Judge and jurors. Voiced via dog whistle by the defense.

The NRA used to say it takes a good guy with a gun to stop a bad guy with a gun. If Gaige had pointed and used his Glock, we would not be where we are today. Nobody would have died that night. Because it was the vigilante Kyle Rittenhouse who brought all the violence with him. His acquittal will be responsible for many shooting deaths at protest zones. The gun nuts have defeated our public safety concerns, what could go wrong?

Keywords:
Kyle Rittenhouse, prosecution, self defense, judge bias, manslaughter, bad fact, legal defense, political, shooting, protest, civil suit, evidence, jury instruction

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Transcribed with help from otter.ai