THE jury for Kyle Rittenhouse’s trial was dismissed without a verdict on Tuesday, as the defense has claimed prosecutors withheld a high-resolution video that was “at the center of their case.”
In a motion filed on Monday, the teen’s defense team says the prosecution kept high-definition drone video footage of the night of the shooting during the Black Lives Matter protests in Kenosha.
Rittenhouse’s lawyers claim assistant District Attorney Thomas Binger only shared a lower-quality version with the defense and didn’t use it until his the evidence portion of the trial had concluded, as first reported by DailyMail.com.
Binger played the high-definition footage for the jury during his closing statement, claiming it showed Rittenhouse “pointing his gun” at the crowd
The defense made the claims in a motion that asks Judge Schroeder for a mistrial with prejudice.
“The video footage has been at the center of this case. The idea that the state would provide lesser quality footage and then use that footage as a linchpin in their case is the very reason they requested and were granted the provocation instruction by the Court,” the defense team said in the document.
Deliberations on the trial will resume tomorrow, as the jury failed to reach a verdict on Tuesday and the judge dismissed them until 9am Wednesday.
Judge Schroeder had said he would ask jurors at around 5pm whether they wanted to continue deliberating on Tuesday, and for how long.
He has said he will follow the jury’s pace while their deliberation lasts.
The judge played Jeopardy with the media as everyone waited to hear from the jury on Tuesday.
Rittenhouse was reportedly “alert and observant” of the courtroom as the jury was dismissed.
As they walked into the courtroom in the evening, several members of the jury appeared tired., per the pool report.
But they laughed easily when one inadvertently headed for the wrong set of chairs.
When the judge told them not to discuss the case, even with each other until they are back in the jury room, they nodded and smiled.
The jury will not be sequestered as they deliberate.
Tensions flared between protesters surrounding the courthouse where Rittenhouse’s trial is taking place as jury deliberations began.
Two demonstrators were captured on camera shouting into megaphones on the steps of the building.
The noise could be heard inside the courtroom, according to Fox News.
Five hundred National Guard troops are on stand-by as Kenosha prepares for potential unrest in the wake of the potential verdict.
Rittenhouse testified on Wednesday he was under attack when he killed two men – Joseph Rosenbaum and Anthony Huber – and wounded a third – Gaige Grosskreutz – with his rifle during a night of protests in Kenosha last summer.
He has claimed throughout the trial that he acted in self-defense.
The teen chose numbers from a box to select the 12 jurors who will decide his fate before they were sent to deliberate.
A verdict is expected this week.
Read our Kyle Rittenhouse live blog below for the latest news & updates…
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WHAT IS MISTRIAL BY PREJUDICE?
Rittenhouse’s defense attorneys asked the judge to grant a mistrial in the ongoing trial of the teen, meaning if the judge granted the motion, prosecutors could not refile the charges.
It effectively means the case would be barred or dismissed due to some form of discrimination.
Chirafisi, said in court on Wednesday that the defense was making a motion for a mistrial, claiming that Thomas Binger, who cross-questioned his client, committed “what amounts to prosecutorial overreach.”
The judge in the case, Bruce Schroeder, is required to declare a mistrial if there is an error occurs during the trial proceedings, or any conduct either inside or outside the courtroom that could result in “substantial and irreparable prejudice to the defendant’s case.”
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WHEN DID THE JURY START DELIBERATING?
The anonymous 12 jurors who will decide whether Kyle Rittenhouse is guilty have been deliberating since Tuesday morning.
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WHO IS KYLE RITTENHOUSE’S MOM?
Wendy Rittenhouse is known as a certified nursing assistant and a single mother to three children.
Her children include: Faith, 21, Kyle, 18, and McKenzie, 17.
While many people believe Wendy drove her son to the protests, Kyle reportedly drove himself to Kenosha.
The New Yorker later revealed that upon his return home, Wendy allegedly gave her son two options, either turn himself in or leave town.
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JUDGE EXPLAINS JURY SELECTION
Judge Schroeder confirmed to the pool reporter that the process of the defendant, in this case Rittenhouse, selecting from the jury tumbler to eliminate jurors, is a tradition he has held in his courtroom for 20 years.
It is not a Kenosha County tradition, he said, although he believed it was being adopted by others.
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WHAT CHARGES IS RITTENHOUSE FACING?
The jury in the Kyle Rittenhouse trial is currently deliberating on whether he is guilty of five charges:
- Reckless homicide
- Intentional homicide
- Attempted intentional homicide
- Two counts of recklessly endangering safety
Judge Schroeder dismissed a juvenile weapons possession count on Monday.
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TEARS OUTSIDE COURTHOUSE
BLM Protestor Ebony Anderson, 31, cries as she protests outside of Kenosha County Courthouse during the trial of Kyle Rittenhouse, Kenosha, Wisconsin. November 16 2021.
Credit: Adam Gray/SWNS for The US Sun -
JURY ‘APPEARED TIRED’
As they walked into the courtroom in the evening, several members of the jury appeared tired., per the pool report.
But they laughed easily when one inadvertently headed for the wrong set of chairs.
When the judge told them not to discuss the case, even with each other until they are back in the jury room, they nodded and smiled.
The jury will not be sequestered as they deliberate.
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RITTENHOUSE ‘ALERT’ AS JURY DISMISSED
Kyle Rittenhouse sat alert and observant of the courtroom as the jury was dismissed on Tuesday.
He laughed at something with his defense attorneys prior to the jury’s arrival, and drank from a Gatorade bottle he kept beneath the defense table.
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JURY DONE FOR THE DAY
Judge Schroeder sent the jury home at about 7PM EST on Tuesday after they failed to reach a verdict.
The jury deliberated for about 8.5 hours on Tuesday and will continue their duties on Wednesday morning.
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VP HARRIS WEIGHS IN
Kamala Harris said on Tuesday the focus should be on “the facts and the evidence in the case.”
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JURY ‘WILL RETIRE FOR THE NIGHT’
Judge Schroeder reportedly thinks the jury will decide to retire for the night.
He previously said he would follow the jury’s pace.
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HOW LONG WILL JURY DELIBERATIONS TAKE?
Depending on the case, jury deliberations can last anywhere between a few minutes and a few weeks.
In the majority of states and all federal courts, the jury must come to an unanimous decision before they can make any announcements.
Because of this, there is no set time limit on jury deliberations. Once the jury receives the charge, or the judge’s written instructions on the law, the decision is left up to them.
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JUDGE ASKS JURY IF THEY WANT TO CONTINUE DELIBERATING TONIGHT
Judge Schroeder said he would ask jurors at around 5pm whether they wanted to continue deliberating on Tuesday, and for how long.
It is now just after 5pm in Kenosha.
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‘KILLER KYLE MUST NOT GO FREE,’ SAYS PROTESTER
Opposing groups protest outside of Kenosha County Courthouse, Kenosha, Wisconsin, during the trial of Kyle Rittenhouse.
Credit: Adam Gray/SWNS for The U.S. Sun
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CONFRONTATIONS OUTSIDE COURTHOUSE
Two demonstrators are seen outside having a confrontation on the steps outside of the Kenosha County Courthouse, where jurors are deciding the fate of Kyle Rittenhouse
Credit: EPA -
WHO IS KYLE RITTENHOUSE?
Kyle Rittenhouse is the suspect who allegedly shot at protesters who had taken the streets to march against the shooting of Jacob Blake in Wisconsin, according to cops.
Photos also show the teen, who was arrested and charged with murder, sitting in the front row of a Donald Trump presidential campaign rally in January of 2020.
On November 16, 2021, jurors are set to deliberate on whether or not to convict Rittenhouse.
They will come to a conclusion after both sides finished their closing arguments on Monday.
Rittenhouse is said to be a Blue Lives Matter advocate, based on his social media
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JURORS MIGHT GO HOME FOR THE NIGHT WITHOUT A VERDICT
“Deliberation update: If jurors don’t reach a verdict, Judge Schroeder will poll jurors around 5pm to see if they want to continue deliberating or go home for the night,” investigative reporter Kristen Barbaresi shared on Twitter.
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WILL THERE BE A VERDICT TONIGHT?
According to a reporter on Twitter, if the jury has not made a verdict by 5pm CT in the Kyle Rittenhouse case, he will “poll” them to see if they want to continue.
It was not clear how late they would continue if they choose to keep deliberating.
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JURY REQUESTS MORE COPIES OF INSTRUCTIONS
The jury in the Kyle Rittenhouse case requested 11 more copies of pages 7 through 36 of the jury instructions on Tuesday afternoon, according to Fox News.
That came after they asked for pages 1 through 6 this morning.
They now appear to have copies of the complete jury instructions.
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‘SAFELY AND PEACEFULLY’
The Governor further asked people who are looking to demonstrate to do so “safely.”
“Please respect the Kenosha community and their efforts to come together. I ask all those who choose to assemble and exercise their First Amendment rights in every community to do so safely and peacefully,” he added on Twitter.
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GOVERNOR ‘URGES PEACE’ IN WISCONSIN
“Kenoshans are strong, resilient, and have worked hard to heal and rebuild together over the past year,” Governor Tony Evers wrote on Twitter on Tuesday.
“Any efforts to sow division and hinder that healing are unwelcome in Kenosha and Wisconsin. Regardless of the outcome in this case, I urge peace in Kenosha and across our state.”
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RITTENHOUSE PICKED DISMISSED JURORS
Before deliberations began, Kyle Rittenhouse picked the six jurors who would be dismissed from a tumbler.
They are reportedly staying in the courthouse as alternate jurors, however.
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THE MCCLOSKEYS SEEN AMONG KYLE RITTENHOUSE SUPPORTERS
After being made into a symbol for guns rights and standing one’s ground, Mark and Patricia McCloskey were seen at the Kenosha County Courthouse on Monday in support of Kyle Rittenhouse.
The McCloskeys, who were later pardoned by Missouri Governor Mike Pearson, were seen among Rittenhouse supporters who carried signs reading “TeamKyle” and “Self defense is not a crime.”
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WHAT INJURIES DID GAIGE GROSSKREUTZ SUSTAIN?
Gaige Grosskreutz was identified as the third person allegedly shot by Kyle Rittenhouse as he protested against the police-involved shooting of Jacob Blake.
According to the Chicago Sun-Times, the now-27-year-old needed arm surgery as a result of his injuries.
He needed reconstructive surgery after taking a bullet to the bicep, a close family friend told the outlet.
According to his testimony, Grosskreutz spent a week in the hospital, followed by months of physical therapy. He still experiences pain and weakness.
Grosskreutz volunteered as a medic for BLM protests in Milwaukee this summer, and his friends told TMJ4 that witnesses saw him helping out the night he was shot.