The Rittenhouse trial summary with all the details in short form!

So between nursing day and night, and taking care of a new little one I have a lot of time to listen to podcasts and books on tape. And over the last two weeks I have used that time to listen to almost every minute of the Kyle Rittenhouse case! I have endeavored to listen to it without the benefit of commentary until after I have seen a segment so I know as close as possible to what the jury would conceivably know.

Afterwards I have watched a few lawyer’s takes on the case and have tried to listen to people from both sides of the aisle. The case is complex, and there is soooooo much bad information out there that unless you watch the whole thing you will absolutely have the facts wrong, no matter which news you listen to.

So I watched the whole two weeks with almost no exceptions. I expect that no one else has that kind of time so here you go! I went point by point to the best of my understanding. I tried to be brief, but complete and reading over it should take you way less time than watching it! I am doing it during the closing statements and for all I know there is a verdict by now, but I will not watch or look until I get this posted.

I divided things up by sections giving the quick version in the section title, and all the details below. I bolded key information so it can be found easily

Here is my pre-verdict analysis!
- Note: I will edit this to add some images and correct spelling and I will either add on a bit once I have seen closing arguments/verdict or make anew post!

Hope this helps anyone who is interested!

The key facts leading up to the incident:

Where he Lived – Officially with his mother in Antioch Illinois (20 minutes away) but also with his dad in Kenosha where Kyle also worked.

1. Kyle’s permanent residence was with his mother across state lines in Antioch Illinois.

2. His home is only a 20 minute drive from Kenosha which is closer than any of the rioters/protestors who attacked him lived. (Edit: I am told maybe Rosenbaum had residence in Kenosha from before his incarceration)

3. Kyle lived much of the time with his father who resided in Kenosha.

4. Kyle attended a cyber school so he could live in either residence.

5. Kyle did in fact work in Kenosha.

6. Kyle often hung out with Dominick Black, his sister’s boyfriend. Kyle constantly referred to Dominick as his “Brother.”

Kyle’s Gun Acquisition – Purchased for Kyle by a friend Dominick Black and kept at that friend’s father’s house in Wisconsin where it was bought.

1. Kyle is not legally allowed to purchase a firearm of any kind in either residence.

2. Dominick, Kyle and Kyle’s father often went shooting together using either Dominick or Kyle’s dad’s gun (this is legal)

3. A few months before the trial Kyle gave money to Dominick Black to purchase the gun used in Kenosha for Kyle so he could use it when they go out to target practice. (There was no evidence was given that this was either legal or illegal so I am not sure)

4. Kyle planned to do a legal person-to-person sale and buy the gun from Dominick when he turned 18.

Kyle’s Gun Choice

5. He had wanted to buy a shotgun for skeet practice, but the store did not have one.

6. He has stated that would have carried a handgun concealed the night of the riot if he would have had the option to do so legally.

7. He chose the AR because it was of a type he could legally carry, he could use it when they went out for shooting practice, and it was the one he liked that was in stock. When asked by the prosecution he did say that he “thought it looked cool.”

The gun’s and Kyle’s Movements Before Arriving in Kenosha. – The gun never crossed state lines before arriving at the protest.

1. The gun was kept at Dominick Black’s Father’s house in Wisconsin, the state where it was bought.

2. The gun was kept locked in a gun safe when not in use and never left the state until after the shooting.

3. The day of the riots Kyle worked with a group that cleaned up graffiti and other damage from the riots. (Picture)

4. After that they went to Dominick Black’s house (in Wisconsin) They discussed it and they agreed they would go help defend the car lot.

5. Dominick claims Kyle took the gun without his knowledge (Very unlikely as Kyle had it when they drove together)

6. Kyle claims Dominick told him to go downstairs to get the gun before they left.

7. Kyle had body armor that was given to him by the police! Dominick wanted to go pick up one for himself too. Instead of driving extra to pick it up, Kyle gave his to Dominick stating that he wouldn’t need it because he was going to be working as a medic.
EDIT: A correction: Nick Smith, another person who arrived with Kyle and his friend was the one Kyle gave his body armor to.

8. They did go buy, and install, carrying straps for their firearms to help them carry the firearms that night, and so they could have their hands free if they needed.

9. Kyle had the gun loaded with ammo they “had from before.” (Likely what they intended to use for target practice as it was the normal ammo used for that. Standard and inexpensive. Nothing fancy despite the prosecution harping on the term “full metal Jacket”)

10. Kyle and Dominick met up with various groups and individuals who were also going to Kenosha, or had already arrived to protect the car lot.

The Car Lots – Three properties all owned by an immigrant family. Kyle and his group had their permission to be there and had been given the keys by the grateful owner that night.

1. Kyle’s group and other groups had arrived at the primary car lot while it was still early in the night.

2. They met with the owner and his son while they were there

3. Multiple people testified that the owner met with them.

Car source that had been burned the previous night

4. The owners are a family of immigrants who owned two lots and an auto body shop in the 4ish block area of that night’s riots

5. One of the car lots had been attacked the previous night. the building was severely damaged, and all of the cars burned out.

6. The owner’s gave a confused testimony about whether or not the cars were insured and how much money they had lost due to damage. Likely they have been advised to avoid as much publicity and legal responsibility as they can.

Car source property #1 the night before the shooting

7. The owner thanked them for being there and gave them the keys!

8. The plan was to work with the other groups who had arrived and split up between the three properties, and to move as groups/pairs between them, putting out fires and offering first aid to BOTH protestors/rioters and their own people.

EDIT: This is a part of the trial I had to catch the highlights later but evidently the owner denied giving them permission. From what I saw of their testimony it was very confused and unclear. I would expect the owners have a lot of good reasons to deny giving permission including liability. I find it interesting that no charges have been filed against the protestors for trespass, or breaking and entering to be in the building which they testify they were at various points.
Edit: Also, a member of the car lot' owners family (I think Sahil “Sal” Khindri) posed for a picture with Kyle’s group (see image below)

Key Events Leading up to the Shooting:

1. Kyle was filmed multiple times throughout that night.

Ritten'house and his group pictured with Car Source owner

2. He was filmed giving first aid to both protestors and his group. Examples include a protestor girl with a sprained/broken ankle and washing out his group’s eyes from rioter’s gas bomb attacks)

3. Kyle and his group carried fire extinguishers and put out multiple fires that had been started in cars or on buildings.

4. The group would call one another and say if there were rioters lighting fires or smashing cars and would send pairs or groups to go see. When they arrived people usually left.

5. The group never pointed guns at rioters or protestors. with one possible exception: According to one testimony a few of them may have responded to a man in yellow pants who jumped up on a car and pointed a gun at them first. The defenders may have responded by raising their arms in return but the witness was unsure as she was distracted talking with a few other protestors at the time.

6. The group never used their guns to defend property. Only their presence as witnesses.

7. There were multiple times when property was destroyed in their presence and they did not point, brandish, or use their firearms. No testimony, video, or photo contradicts this.

8. On one occasion, unidentified people who were on the roof of the car lot did use laser pointers to try to blind or intimidate the crowd. They were told immediately by other defenders to “knock it off.” Kyle was not on the roof at any point.

9. Protestors/rioters threatened and yelled at the Kyle’s group multiple times.

10. Protestors threw rocks and homemade gas bombs at Kyle and his group.

11. Kyle gave an interview to Richard McGinnis, a reporter for the Daily Caller just prior to the shooting.

Rosenbaum

12. Josheph Rosenbaum was released from a “hospital” that day. After stopping by his “fiancée” Kariann Swart’s place (who I am given to understand has a restraining order against him but I may be mistaken on that) he left and arrived at the protest.

13. There is no social media, or other evidence that Rosenbaum supported BLM. But his social media was all deleted before it could be taken in evidence.

14. Rosenbaum was filmed throughout the night with Joshua Ziminski who was illegally carrying a hand gun. (Picture)

15. It was testified that “If there was trouble in Kenosha that night, Rosenbaum was there.

16. Rosenbaum and Ziminski Burned down a trailer near the school. Rosenbaum was photographed swinging a locking chain he had picked up there. But he did not have that on him when he was shot.

17. Rosenbaum turned over a porta-potty, lit several other fires, and screamed obscenities at protestors (including the N word)

18. One of the defenders a lady, (whose name I can’t find at the moment) [Edit: JoAnn Fiedler] testified she saw Rosenbaum throw something plastic at them and then there was a bleach bomb gas cloud, but she said she could not say with certainty that he threw it.

19. Rosenbaum was filmed shouting racial obscenities at the defenders including repeatedly shouting “Shoot me N***er, Shoot me!” Rosenbaum is white (and acting so belligerent that even the BLM protestors didn’t try to stop him) He also threatened the defenders with violence saying he was “going to tear your heart out!”

20. Multiple people testified that Rosenbaum yelled to Kyle and the other people with him that “If I find any of you alone tonight I am going to kill you!”

Dumpster fire - Rosenbaum: pictured on the right pushing the dumpster

21. At some point Rosenbaum leads the crowd in trying to light a dumpster on fire next to a gas station. They then start to push the dumpster around (possibly toward the gas station.) None of the protestors or defenders knew the gas had been turned off.

22. Someone used a fire extinguisher to douse whatever fire there was.

23. Rosenbaum’s medical and criminal history had been barred by the judge as inadmissible. (This is arguably very unfair to Kyle) But when on the stand the prosecution asked Rosenbaum’s fiancée if Rosenbaum had taken his meds that night. As a result the defense was able to counter question, and established that Rosenbaum’s meds were for paranoia and schizophrenia. And no, he had not taken them.

24. It was testified that Rosenbaum had gotten out of the Hospital that day!

25. But there was something else the judge had said was not admissible in court: Rosenbaum was in the hospital, which was a mental hospital, as part of a jail sentence. Rosenbaum was a serial pedophilic rapist. He was convicted of violently abusing 5 young boys between the ages of 6 and 11. He had convictions on eleven counts of charges related to those 5 incidents, and he had just gotten out of jail/mental hospital that day. He still had his stuff in the clear medical bag they had given him. This was NEVER brought before the jury although some of them could conceivably know about it. Do not let anyone tell you the judge is biased towards Kyle.

The Interview with Richie McGinnis and the lead up to the shooting.

26. Just before the shooting, Kyle was interviewed by reporter Richard McGinnis of the Daily Caller (If you want the best testimony to watch, it is his because it covers almost the whole thing. https://legalinsurrection.com/2021/11/rittenhouse-trial-day-3-states-own-witnesses-damage-prosecution-reinforce-self-defense-narrative/ )

27. Kyle agreed to give an interview and was deceptive about his age allowing McGinnis to believe he was 18. (McGinnis as a reporter can record anyone publicly, but cannot legally interview a minor without parental approval.)

The start of Kyle’s interview with McGinnis Video linked below
https://www.nytimes.com/2020/08/27/us/kyle-rittenhouse-kenosha-shooting-video.html

28. In McGinnis’s video Kyle made it clear he was there to help prevent the destruction of the 3 Carsource businesses, that the gun was only to protect himself, and that he was there to put out fires and provide medical aid to both protestors and his group.

29. Kyle claims he is there as an EMT, but it became clear in court he is not licensed, having only first aid training as a life guard, and has taken some instruction with an EMS youth program.

30. McGinnis filmed Kyle speaking in a friendly way with the police in their “bearcat” vehicles and the police saying that they were glad they were there!

31. The police give him a water bottle to help wash out his party’s eyes from the bleach bomb.

32. McGinnis asked to follow along as Kyle and his fellow defender Ryan Balch go on a walk between the properties to check in and see if anyone needs medical aid along the way.

33. Balch later testified he never asked Kyle’s age but he and his group had met them that evening and had kind of ended up making sure to have someone watching each of the younger guys. (If I am not mistaken it Balch said he was or had been a paramilitary civilian contractor.) EDIT: Correction: Ryan Balch served in US Army as infantryman from 2008-2013.

Kyle and Ryan Balch as they pass the police line - kyle calling offering medical

34. Kyle shouts offers of medical aid and inspects someone’s rubber bullet bruising.

35. They talk friendly with several protestors who carry fire extinguishers to help keep the protest under control.

36. Ryan Balch tells McGinnis on camera that Kyle is there to give medical aid, and he (Balch) is there to “protect his ass.”

37. The group passes the line of “bearcat” police vehicles as a stone is thrown at the car and nearly hits them on the bounce. The Police DO NOT stop them from crossing their line.

38. At one point someone shouts for a medic and Kyle turns to help but ends up not being needed. Ryan Balch keeps walking (presumably not seeing or hearing Kyle stop) Kyle turns to look for him and doesn’t see where he went. He continues where he was headed still shouting offers of medical aid.

39. A man in yellow pants responds to the offer with aggression, accusing Kyle of having pointed a gun at him earlier. Kyle responds “Yeah sure” and quickly walks off. (Kyle testified that he was being sarcastic and trying to defuse the situation and get away quickly.)

40. McGinnis, thinking this was more interesting, goes to question Yellow pants and his group. They are physically threatening and McGinnis brings his phone down so it doesn’t look like he is filming. He asks why they were mad at Kyle and doesn’t get much of an answer as they “step out” on him physically signaling aggression. He offered them some White Claws (an alcoholic seltzer he carries specifically to defuse situations because it is comical and friendly.) It works and the group starts to laugh at yellow pants for his aggression toward McGinnis. Then there is shouting and shooting.

41. McGinnis then runs toward the sound with his phone up to film, but the camera isn’t actually filming until after the shooting. He ends up running very close behind Rosenbaum chasing Kyle and is very close to Kyle’s eventual line of fire but testified he felt he had gotten out of the way to be sufficiently safe (important for the Reckless Endangerment charge)

42. McGinnis is the first to get to Rosenbaum, and administers first aid and helps get him to the hospital. He is a primary witness to the events of the first shooting.

The First Shooting

1. The following is all confirmed from the following evidence:

Kyle’s testimony, McGinnis’s testimony, other bystander’s testimony, Film from a nearby car, film from a remote controlled drone, film from another bystander’s cell phone, film the FBI had from either a drone or satellite that was watching the riot from the air. If anything of the following details may have bias or only one source I will state it. (Edit: It may not have ben a satellite/drone, but a Fixed wing plane. There was an individual whose testimony was not broadcasted for “security reasons,” but the jury was later told not to consider this testimony.)

High altitude footage of Rosenbaum - (person of interest 1) and kyle (Person of intrest 2) Kyle is pproaching the Durimax car. Rosenbaum is hiding 2 cars back Zaminski can also be seen in the street

Note-The drone and plane footage was NOT given to the defense the way it should have been. It was either late or not given at all and it was edited/enhanced and the original high resolution footage was “lost” by the FBI. As a result several key images are so blurry they cannot be made out without high levels of “enhancing” by methods that create new data and produce in between colors. The defense could (maybe should) have objected to it, but they seem confident it will only exonerate Kyle.

2. Kyle testified as he was on his way, looking for his buddy Ryan Balch and trying to get back to his group. As he came back to the police line he had just passed, they refused to let him go back to the Car Source he was stationed at. The Car Source was in view, and his group could see Kyle trying to get back. They shouted to the police to let him pass but they did not seem to hear.

3. Kyle turned back toward the protest in an attempt to get back to the other car lot where he believed another group was.

4. Kyle claims then his “brother” Black called him and said that the other Car Source was being attacked with people breaking car windows and lighting fires and told him to get down there. I think Black denies doing this.

5. Kyle stops to ask one of the protestors from before for a fire extinguisher, and to ask for someone to join him. He is given the fire extinguisher but the person declines to join him.

6. Kyle is filmed running past the gas station with a fire extinguisher – He ended up running right past Black. They didn’t see each other but their passing was caught on film.

7. He gets to the car source lot, and stops by a car several witnesses refer to as “the Durimax,” and goes to put out a fire that is burning in it.

Areal footage just before the ambush: Red - kyle Blue - Rosenbaum Green - Ziminski White-McGinnis
The Duramax is the bottom left car andthe bright bloob on its left side is a fire burning inside it

8. FBI overhead footage shows Rosenbaum hiding just behind those cars. He jumps out at Kyle at the same time Joshua Ziminski begins advancing toward Kyle from the street holding a pistol in his hand.

9. Kyle testifies he sees Ziminski, with the pistol in his hand. He drops the fire extinguisher (which falls over) and turns to run. He sees Rosenbaum jump out in his path and turns to run the other way. Rosenbaum has his maroon shirt tied around his head as a mask, but Kyle says he can tell who he is. (The shirt, and Rosenbaum’s distinctive build, make this understandable.)

10. Kyle shouts “Friendly, Friendly, Friendly!” and Ziminski screams to “Grab him.”

Rosenbaum chasing kyle across the car source parkinglot

11. Rosenbaum chases Kyle across the parking lot toward an area filed with protestors. Kyle has the Car source building on one side, Ziminski with the gun on the other, and Rosenbaum behind him. Ahead of Kyle there are several cars and lots of protestors destroying those cars.

12. Richie McGinnis is running just behind the pair thinking he is filming.

13. Rosenbaum throws his plastic bag at Kyle.

14. Ziminski fires a shot into the air. (Edit: Note that Kyle is running away, so he could not see that Ziminski did not fire at him.)

15. Kyle turns and points the gun at Rosenbaum but Rosenbaum doesn’t stop. McGinnis sees it and dodges to the side out of the line of fire. Kyle turns away to keep running.

McGinnis demonstrates Rosenbaum’s body posture as he dives toward kyle

16. Rosenbaum Screams “F*** You” at Kyle. Kyle turns again, waits a second. Rosenbaum continues forward and dives for the weapon. Body forward, hands outstretched.

17. Kyle then pulls the trigger and fires four times within 0.7 seconds. All four shots connect. But only one of the latter two shots is lethal.

18. Kyle runs around one of the cars and circles back to try to help Rosenbaum. But McGinnis got there first. McGinnis doesn’t realize it is Kyle that comes up next to him and tells him to call EMS and starts to try to help Rosenbaum. Kyle grabs his phone and calls the first number in his phone, Dominic Black.

19. Three more shots ring out from unknown sources but Kyle claims he didn’t hear them. (This is understandable after having fired his gun without hearing protection.)

The Chase to the Police.

1. Much of the crowd around the cars flees at the gunshots but those that stayed begin to yell that Kyle just shot someone. There are calls like “He just Shot somebody, get him, Get him! Beat His ass!” and Kyle turns to run while telling Black on the phone, “I just shot somebody”

2. Kyle runs toward the police line but the crowd pursues.

3. At one point someone runs up beside Kyle and asks him (while filming) “Hey! Did you just shoot that guy?!” Kyle’s response can be heard faintly. “I had to, I am going to the police!” The filmier testified he thought Kyle said he was “working for the police,” didn’t believe that, and began to call out for people to get him.

4. Cries of “Get him, Bust his head” can be heard as Kyle runs. And a crowd of people begin to purse him.

5. There is no moment either captured on video, or testified to, that Kyle ever points his gun at the pursuers who run after and around him until he begins to be struck.

Now these next bits happen really really fast, but every moment of the sequence was gone over in detail by multiple witnesses. What follows is agreed upon by everyone, except one fact that I will talk about, and is corroborated by the videos! If you are willing to watch, here is the video: https://www.youtube.com/watch?v=iryQSpxSlrg I will include some stills that show up until the shots are fired to give an idea of how people were positioned.

6. Someone in a white shirt runs up and hits Kyle over the head. Kyle says he was stunned by this blow.

7. After a few more steps Kyle falls and the pursuing mob begins to close in.

8. An unidentified man jumps over Kyle, and kicks him in the head with a booted foot. (This man is not seen again and remains unidentified.) The kick is clearly on purpose.

9. Kyle finally fires, at this man only. He fires twice in an upward direction away from any other pursuers. Kyle misses both shots and the man falls to the ground but gets up and runs away.

10. Another, Anthony Huber, runs up while Kyle is on the ground and hits him over the head with a skateboard. (Kyle had marks where the skateboard connected but the lead detective never attempted to find the skateboard for evidence testing.)

11. Huber grabs the barrel of the gun and attempts to pull it away from Kyle, the strap Kyle bought that evening is pulled tight and the barrel of the gun ends up pointing to skateboard guy’s chest. Kyle, still on his back, with the skateboard just now pulled away, pulls the trigger and hits the guy in the chest, killing him.

12. Kyle brandishes the weapon at another pursuer who was running at him. This individual throws up his hand and backs off. this person remains unidentified. Kyle does not fire at him.

13. Then an individual named Gaige Grosskreutz who was also filming on his phone, and chasing Kyle, (although he denies he was chasing, just pursuing) runs up on Kyle with a Glock pistol in his hand.

14. Kyle points the gun at him and Grosskreutz throws his hands up. Kyle does not fire. (skateboard guy hasn’t even hit the ground yet)

15. Here Grosskreutz claims Kyle cleared a jam in his gun. Kyle claims he simply moved the gun away from pointing at Grosskreutz. The video evidence (in my opinion) does not show Kyle clearing the gun. I have done this exact action with the same model gun. It is not a small movement and even though it can be done quickly there was not really enough time.

16. Grosskreutz testified he thought Kyle had a jam because he had already pulled the trigger. He figured the jam saved him and that Kyle would fire again now that the gun was clear. So Grosskreutz brought the gun down and pointed it at Kyle again.

17. Seeing the gun leveled at him, Kyle brought the barrel back toward Grosskreutz and pulled the trigger. The round struck Grosskreutz in the arm. Grosskreutz testified on the stand that Kyle did not fire until his (Grosskreutz’s) gun was pointed at Kyle.

18. An amateur photographer was following, and took many of the above pictures, as well as a stunning picture of Grosskreutz with his arm bleeding, still holding the Glock pistol.

19. Grosskreutz was carrying his handgun illegally because he has an unspecified felony charge and can not legally carry or own a gun. He left out the fact he even had a gun in his initial statement to the police. He then told the cops the gun had fallen out of its holster before the incident. The photos and videos prove he lied. He is currently suing the city of Kenosha for ten million for “allowing him to get shot.” It came out in evidence that if Kyle is convicted that will be good for Grosskreutz case against the city.

20. Kyle then got up, keeping his gun down pointed at the ground. With his head turning back and forth looking for more attackers he began walking toward the police line again.

21. A number of other gunshots go off behind him and he turns and briefly raises his gun toward someone who was walking after him. But drops it immediately when the guy puts his hands up.

Kyle and the Police and After

1. Kyle was still being filmed by bystanders as he approached the police line. He is seen, and the officer in question confirms the following:

2. He approaches the “bearcat” armored vehicle with his hands up, shouting that he had just shot someone and needed to turn himself in.

3. They shout at him to get off the road. They don’t seem to hear him and are responding to the shots and want to move.

4. He steps out of the road and approaches a following police car. The officer inside yells at him to get away. Kyle approaches anyway shouting he had shot someone and needs to turn himself in. The officer doesn’t hear him, and pepper sprays him through the window. He is shouted at to “Go home.”

Kyle’s attempt to surrender to the police

5. Kyle (now past the police line) returns to his group. His group testifies that he was shaken, scared, nauseous, and sweating. He told them he shot someone and that he had to do it. He asks for Dominic who comes down off the roof. Some people may have thought the police were on their way, but others thought protesters may be coming. Either way, Black and Kyle follow the police order and take Kyle to his mother’s home in Illinois.

6. This does make the gun cross state lines.

7. They tell his mother what happened and Kyle insists he turn himself in immediately. (despite his mother’s ideas about him not doing so.)

8. Within an hour of the shooting Kyle turns himself and his weapon over to the police in Antioch Illinois. He is not arrested. He is examined for wounds and his injuries are photographed.

9. The Illinois police work with the Kenosha police, but it isn’t until the Wisconsin detectives show up later that Kyle is arrested and charged with murder.

The Shots and Forensic Evidence.

1. There were 4 bullet wounds in Rosenbaum.

2. The first two shots were fired as he lunged forward toward Kyle and his gun. One hit his hip and the other the front of Rosenbaum’s outstretched left palm. (impossible to tell which was fired first)

3. The other two were fired as he fell forward and hit him from above his head in his back, one grazing the back of his head lightly, the other (the shot that killed him) hit the back of his shoulder then traveled down and in.

4. All four were fired as one event, in less than a second (0.7 seconds)

5. Powder burns in the front of the hand indicate Rosenbaum was shot in the hand by one of the first two bullets at a distance of LESS than a few inches. The powered is clearly visible on his hand but starts after the pinky finger indicating the outer part of his hand was over the barrel, strengthening the argument that Rosenbaum was at least grabbing for the gun.

The Prosecution’s Argument

1. Requirement for Self Defense:

2. From what has been said, and from legal analysis I have watched after watching the trial there are 4 things that have to be true for it to be self defense: Imminence – The attack must be in progress or about to occur. Reasonable – The defender must be reasonable in his assessment of threat. Proportionality – The attack must be clearly an attack capable of causing death or serious bodily injury. Innocence – The defender must be innocent of legal wrongdoing. * https://legalinsurrection.com/2021/11/rittenhouse-trial-day-3-states-own-witnesses-damage-prosecution-reinforce-self-defense-narrative/

3. Key to the issue of innocence is the idea that the attack must not have been provoked.

4. Many people argue that because Kyle was there at the protest, present with a gun the attack was provoked. That does not fit the legal definition of provocation. Kyle was legally allowed to be where he was, he was legally allowed to carry the gun. (The judge, after hearing the entire case, has dismissed the gun charge as clearly not applying)

5. The prosecution has one piece of video evidence, and an “enhanced” still from that video, introduced on the last day, from the video which was just given to them that weekend by the FBI (and not to the defense attorneys.) The prosecution claims the enhanced still shows that, while Kyle was next to the Durimax car, going to put out the fire in it, they claim he pointed his gun at Ziminski, before Ziminski began moving toward him (with Ziminski’s gun drawn and visible). Therefore Ziminski and Rosenbaum’s attacks were provoked. This could also make the other shootings not self-defense, because Kyle could be ruled to no longer be innocent. Everything hinges on that one enhanced image from that video.

6. That video is so far away and so blurry it had to be “enhanced” for anything to be supposedly made out.

7. It was enhanced by the prosecuting attorney there in the courtroom on an Ipad not a video specialist.

8. It was enhanced with software that is known to fill in pixels between the original ones with its best guess. This creates in-between colors and shades that were NOT present in the original.

9. For all other video and image evidence, I watched the earlier testimony of the imaging expert on the detective’s team testify to exactly how he modified, annotated, cropped and zoomed every piece of footage the prosecution brought. But this was “enhanced and presented without a witness. The defense had no one to cross examine or even ask questions about. They had no chance to view or analyze the images. This type of thing seems clearly slipshod and not official. The defense objected to this video’s use on all the above grounds but the judge said he will instruct the jury on the issues and let them decide.

10. I have seen the “enhanced picture” there is nothing visible even with the enhance. The grey pixilated smudge that may be Kyle’s gun would have him holding it left handed, not right handed. This is not a way the strap would allow! Personally I think the pixelated grey across his back maybe (or maybe chest) is the strap not the gun. At least that would make sense.

See the image included below:

This is the Enhanced immAGE NOT THE ORIGINAL. kYLE IS THE FIGURE CENTER NEXT TO THE CAR WITH THE GREY STRIPE ACROSS HIS back POINTING DOWN TO THE RIGHT.

11. Additionally, I think he would have had to drop the fire extinguisher, and then point his gun. But I believe the video shows the extinguisher falling after Ziminski’s attack starts.

12. The defense did not bring any of these points up because there was no witness to go with the video and images, so no cross examination could be given! Every piece of evidence needs a witness to go with it, and the judge had already thrown out images and video because there was no witness called that could testify to it. I can not understand how these images were admitted into evidence! Note: That is not an analysis I have heard from anyone. It is my own from watching the trial.

13. The one person who could testify to whether or not Kyle raised his gun is Ziminski, who is in the detective’s custody, and is being charged with carrying a handgun illegally and possibly firing it illegally, but he was not called to testify (by either the defense or prosecution) about why he fired, or whether or not Kyle pointed his gun at him. (I figure he would have plead the 5th because of his own charges, but a testimony of Kyle raising his gun first would clear several of his charges, so I am not sure about that.)

Trial Abnormalities:

1. Failure to carry out the warrant on Grosskreutz phone. – The detective has never failed to act on a phone warrant, either before or since, this case. They claim there was a concern about a relatively new (over a year old) victims’ privacy law called Marcey’s law. But it has never before or after this case been used that way.

2. The Detectives fully worded, and treated, everything they did with Kyle as presumed guilty, labeling Kyle’s assailants and attackers as victims from the start. They acted giving them the protection of victim status, but not Kyle.

3. The lead prosecutor is also prosecuting one of the witness’s marijuana and gun charge – Those charges were dropped but no deal was disclosed to the court as is mandated by law if it was made. The detective does not have permission to dismiss charges and “can not remember” who gave him permission to drop those charges.

4. No effort was made to find the skateboard for evidence testing.

5. The barrel of the gun was NOT swabbed for DNA evidence. Even though the rest of it was. If Rosenbaum had gotten a hand on the barrel he would legally have been considered armed. As it is, Kyle claims Rosenbaum had grabbed the barrel. Prosecution has no evidence otherwise but maintains Rosenbaum had not done so yet.

6. Several key videos were either not given to the defense at all (as they are legally required to be) or were not given until after the trial started, or were given late.

7. The key FBI video that supposedly substantiates the claims that Kyle raised his gun at Ziminski before he charged him was only given to the prosecution, was done so after the trial started, was too fuzzy and far away to make out, was “enhanced” by the prosecuting attorney, not a video specialist, and was done so on software known to fill in the areas between pixels with approximated colors and shades. Even the enhanced pictures are impossible to make out. No cross examination or official commentary before the jury about this evidence by the defense happened!

8. The prosecution added several “lesser” charges for the jury to perhaps convict Kyle of, and the judge allowed it.

9. George Floyd’s cousin made and posted a video where he said he knew people were filming the jury and that because of that they would be getting the verdict that they want.

10. A person was then found to be filming the jury as they were getting on a transport buss. The officer made the person delete the video but did not check that it had not been uploaded or saved to a cloud storage.

Lead prosecutor County Assistant District Attorney Thomas Binger

11. Lastly: The prosecution began his examination of Kyle by commenting on Kyle’s post arrest silence, and trying to hold that over him in front of the jury. That violates Kyle's constitutional rights! He also commented on a witness having a lawyer turn over some video footage making it sound like he was hiding something. This is also a blatant violation of that man’s rights. Additionally the prosecutor began to bring in evidence that the judge had already ruled was not admissible. For each of these events judge sent out the jury and literally yelled at the prosecutor. Any one of these things would qualify for a mistrial. And it seems likely that the prosecutor, believing they were going to lose, was attempting to invoke a mistrial so they can try Kyle again with a new jury. In either case the judge has the right to declare a mistrial. And if he thinks the prosecution is doing it on purpose, or if he is convinced himself that Kyle is innocent, he can declare a “mistrial with prejudice,” which means Kyle could not be tried again and all charges are dropped. The prosecutor probably can't do any more to try for mistrial without endangering his right to practice law. It is unclear to me why the defense has not asked officially for mistrial with prejudice! It is also unclear to me why the judge has not used his authority to do so. I can only think he really wants this to go to jury. Perhaps so it is less likely to result in riots and violence.

Personally I can not see how Kyle is at all guilty under any law at all!

EDIT: Now that I have a second, here is my final summary and understanding of the case:

First: Kyle was legally allowed to be where he was. He had talked with the immigrant family who owned those car lots (one of which had all its cars burned the previous night) The owner had met with his group, given them the keys, and thanked them for being there. Second: It turns out that he was legally allowed to carry the firearm while he was there. The law is a two part law with a very clear exception built in for 17 year old's and long rifles. Third: He never used the firearm to protect property. People bashed in cars and started fires in front of him many times that night, on video. He and the people he was with never used their guns to protect property and proved it by actively not doing so on video. There were there with the intention that their presence would deter rioters burning that immigrant family's car lot. Fourth: The firearms were only to be used to defend themselves if things turned ugly. There is video of them saying so before the incident, and he and his companions testified to that in court. And there is no video, photo, or testimony evidence to contradict that. And lastly: Even if he was carrying a firearm unlawfully, even if he was somewhere he wasn't allowed to be, you are allowed to defend yourself with any deadly force you have at hand in a scenario where you reasonably believe your life is in jeopardy. Even a convicted felon who can not legally own or carry a firearm (like Grosskreutz was that night) is allowed to use an unlawfully carried firearm for self defense.

Saying Kyle shouldn’t have been there, that he “provoked” by just being there with a firearm, is in fact the bulk of the prosecution's argument. Provocation however, has a legal definition, and simply carrying a firearm while being somewhere someone may be disagreeing with your politics or your lawful actions, isn't provocation in any legal sense. A jury may go for it, but they would be wrong.

In all reality the argument is pure victim blaming. Try this on for size: She shouldn't have been there because the concert was for 18 up! She was wearing that skirt, and dancing like that. so he was provoked to do it. She shouldn't have been carrying a gun so she shouldn't have used it. She shouldn't have killed him, because she shouldn't have been there in the first place, she was asking for it by being where she was and doing what she was....

Even if you think Kyle had no legal right to be there (which he did), was unlawfully carrying a gun (which he wasn’t), even if he put himself in a situation where someone may take it into their head to kill him, he still has a right to self defense. Especially when a Pedophile, who had said to him and his friend earlier that night, "if I find either of you alone tonight I am going to kill you!" comes charging at him in a mask, screaming "F*** you" starts to chase him, and a gun from the man's friend (which Kyle had seen as he started to run) goes off as he tries to flee. I would have shot too. You may wish the law says that you can't go to a counter protest or to stand as witnesses to riotous behavior, with a firearm in hand, but that is not the case.

And the evidence of Kyle provoking by pointing a gun at a man who was advancing on him gun drawn is beyond sketchy and honestly completely incomprehensibly pixelly and unintelligible. This is not proof beyond a reasonable doubt.

There is no legal grounds for Kyle to be convicted of any kind of murder or endangerment. There was no legal grounds for provocation. The only way he is convicted is by a jury who thinks he has no right to self defense because of who he was and what he was legally doing.

So if you call for him to be convicted you are calling for it to be against all the self defense laws on the book. And if you agree that we have the right to self defense, well, if he is convicted you have just seen the death of it as long as your attackers have the “correct politics.”

*Thanks to Redditor KeepMy02Cents for some of the details I missed!

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The Rittenhouse trial summary with all the details in short form!

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