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Prosecution faces uphill struggle in Rittenhouse trial– but conviction ‘possible,’ legal professionals state


Prosecution deals with uphill fight in Rittenhouse trial– but conviction ‘possible,’ legal professionals state

Ambiguity within Wisconsin law operates in Kyle Rittenhouse’s favor, but jurors still could be swayed to a guilty decision if they buy the prosecution’s argument that teenager brought a “weapon to a fistfight,” legal specialists state.

Both the prosecution and defense lawyer presented their closing arguments on Monday.

Prior to jurors were put together into the courtroom, the judge dismissed one count of a hazardous weapon by a person under 18, which is a misdemeanor.

Julius Kim, a Milwaukee-based criminal defense lawyer and former prosecutor, said the count was dismissed since of a legal technicality involving 2 completing statutes in Wisconsin. One criminal statute, Kim described, says it is prohibited for someone under the age of 18 to possess a gun.

Rittenhouse was 17-years old at the time of the Aug. 25, 2020 shooting.

Nevertheless, Kim stated there is likewise another arrangement in a Wisconsin hunting statute that recommends a 17-year old could have a long gun or a shotgun rifle.

When asked if that statute might only use to searching, Kim stated, “Well, that’s the huge question, because there’s some uncertainty as to the language. Belongings of a short barreled shotgun, or a sawed-off shotgun, is illegal in itself in Wisconsin. The judge generally asked both sides, ‘Is there any disagreement regarding the length of the rifle that Kyle Rittenhouse possessed that night?’ Both sides stated no– that it could quickly be measured at this point in time by the jury if they wanted. The barrel on the rifle also was of legal length. So that being the case, the judge this early morning ruled that as a matter of law, the state has actually not proven that Rittenhouse breached the statute that he was charged under count 6 because of that exception that the offense raised.”

Assistant District Attorney Thomas Binger presenting the closing argument in the Rittenhouse trial on November 15, 2021.
< img loading=" lazy" width=" 1024" height=" 682 "src=" https://nypost.com/wp-content/uploads/sites/2/2021/11/rittenhouse-tiral.jpg?quality=90&strip=all&w=1024" alt =" Assistant District Lawyer Thomas Binger presenting the closing argument in the Rittenhouse trial on November 15, 2021." class=" wp-image-20155739" srcset =" https://nypost.com/wp-content/uploads/sites/2/2021/11/rittenhouse-tiral.jpg?quality=90&strip=all&w=1535 1536w, https://nypost.com/wp-content/uploads/sites/2/2021/11/rittenhouse-tiral.jpg?quality=90&strip=all 1024w, https://nypost.com/wp-content/uploads/sites/2/2021/11/rittenhouse-tiral.jpg?quality=90&strip=all&w=512 512w" sizes

=”( max-width: 1024px) 100vw, 1024px” > Assistant District Attorney Thomas Binger presenting the closing argument in the Rittenhouse trial on November 15, 2021. Sean Krajacic/Pool via REUTERS Kim stated he at first believed there would be an acquittal on all counts, or a possibility of a hung jury on the felony charge connected to the death of Joseph Rosenbaum, the very first male that Rittenhouse shot. After viewing lead prosecutor Thomas Binger’s closing statement on Monday, nevertheless, Kim stated the state has up until now presented a compelling argument.

” Now that I know that the state is lastly providing, I believe that it’s possible there could be a conviction on the very first count involving the death of Joseph Rosenbaum,” Kim stated. “I thought it was quite compelling up until now in regards to the truth that the prosecution said Kyle Rittenhouse initiated this entire thing by pointing his firearm at individuals, and that Joseph Rosenbaum reacted to that by chasing after Rittenhouse. And that’s significant due to the fact that by Kyle Rittenhouse pointing his gun initially, that is called provocation- where he provoked the entire event.”

Mark Richards, Kyle Rittenhouse's lead attorney holding a gun during the defense's closing argument.
< img loading=" lazy "width=" 1024" height=" 682" src= "https://nypost.com/wp-content/uploads/sites/2/2021/11/rittenhoue-trial.jpg?quality=90&strip=all&w=1024" alt=" Mark Richards, Kyle Rittenhouse's lead lawyer holding a gun throughout the
defense’s closing argument. “class=” wp-image-20155764 “srcset=

” https://nypost.com/wp-content/uploads/sites/2/2021/11/rittenhoue-trial.jpg?quality=90&strip=all&w=1535 1536w, https://nypost.com/wp-content/uploads/sites/2/2021/11/rittenhoue-trial.jpg?quality=90&strip=all 1024w, https://nypost.com/wp-content/uploads/sites/2/2021/11/rittenhoue-trial.jpg?quality=90&strip=all&w=512 512w” sizes=” (max-width: 1024px )100vw, 1024px” > Mark Richards, Kyle Rittenhouse’s lead attorney holding a weapon during the defense’s closing argument.Sean Krajacic/The Kenosha News by means of AP, Pool Lou Shapiro, a Los Angeles-based state and federal criminal defense lawyer, stated the prosecution had a high roadway to climb up in convincing jurors that Rittenhouse did not have a legitimate self-defense claim.” The prosecution is trying to argue that because hazards made to Rittenhouse were not recorded that they did not take place,” Shapiro said.” The defense will argue that just because something isn’t taped does not suggest it didn’t take place. Nobody would expect every statement made that night to be taped. The recording proof is a collection of several sources. In order to purchase the prosecution case, the jury needs to think beyond an affordable doubt that Rittenhouse provoked the incident.”

Binger holding Rittenhouse's gun at the trial.
< img loading=" lazy" width=" 1024 "height=" 722" src=" https://nypost.com/wp-content/uploads/sites/2/2021/11/APTOPIX-Kenosha-Protest-Shootings.jpg?quality=90&strip=all&w=1024" alt =" Binger holding Rittenhouse's gun at the trial." class="
wp-image-20155788″ srcset =” https://nypost.com/wp-content/uploads/sites/2/2021/11/APTOPIX-Kenosha-Protest-Shootings.jpg?quality=90&strip=all&w=2048 2048w, https://nypost.com/wp-content/uploads/sites/2/2021/11/APTOPIX-Kenosha-Protest-Shootings.jpg?quality=90&strip=all&w=1536 1536w, https://nypost.com/wp-content/uploads/sites/2/2021/11/APTOPIX-Kenosha-Protest-Shootings.jpg?quality=90&strip=all 1024w, https://nypost.com/wp-content/uploads/sites/2/2021/11/APTOPIX-Kenosha-Protest-Shootings.jpg?quality=90&strip=all&w=512 512w” sizes =” (max-width: 1024px) 100vw, 1024px” > Binger holding Rittenhouse’s gun at the trial.Sean Krajacic/The Kenosha News through AP, Swimming pool During his closing argument

, Binger utilized a photo from the 1980s movie” Roadway Home” to make a point that Rittenhouse was trying to find difficulty when he armed himself with an AR-15 and traveled from his house in Antioch, Illinois to Kenosha when he shot and eliminated Joseph Rosenbaum, 36, and Anthony Huber, 26. The teenager likewise injured 28-year old Gaige Grosskreutz. Shapiro said Binger’s catchy,” You don’t bring a weapon to a fistfight

” line may remain in the juror’s memories, however that may not suffice.” It’s a good line to illustrate his style, however the proof does not support

that Rittenhouse was trying to find a battle that night,” Shapiro said.” I believe the better argument for the prosecution would be that he is a do-gooder that took it too far.” Published at Mon, 15 Nov 2021 23:56:04 +0000 https://nypost.com/2021/11/15/prosecution-faces-uphill-battle-in-rittenhouse-trial-conviction-possible-experts/

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