December 6, 2021

Kyle Rittenhouse Trial Live Updates: Protesters Remain Outside Courthouse

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Live Updates

The jury in the Kyle Rittenhouse homicide trial starts its third day of deliberations after sitting for two full days totaling 17 hours so far.

Judge Bruce Schroeder is yet to rule on a controversial mistrial motion with prejudice over “prosecutorial overreaching” and the withholding of high-resolution drone footage. The defense initially claimed the prosecution deliberately sent them lower-quality video evidence. It was later discovered that the video was compressed when sent over email and the request was revised to call for a mistrial without prejudice, claiming the defense wants a “clear, fair playing field.”

Crowds gathered continued outside the courtroom Tuesday, as Rittenhouse supports clashed with Black Lives Matter protesters. Two people were arrested after a physical altercation erupted late Wednesday afternoon. Police and the National Guard are on alert ahead of the final verdict, which is expected soon.

The trial captured national attention, as some see Rittenhouse as a vigilante and white supremacist who was looking for trouble, while others believe he acted in self-defense and attended the protest to administer first-aid and protect the community from rioters.

Rittenhouse has pleaded not guilty to five charges, including reckless homicide, intentional homicide, attempted intentional homicide. The misdemeanor charge of possession of a dangerous weapon by a person under 18 was dropped before jury deliberations began.

There have been many dramatic moments during the trial, from Rittenhouse getting emotional on the witness stand, to Kenosha County Circuit Judge Bruce Schroeder yelling at the prosecution, to a slew of controversies surrounding comments made by Judge Schroader that evoked calls of racism and bias.

Follow Newsweek’s liveblog for all the latest updates.

Rittenhouse Defense Attorney Thinks Jury is Divided

Mark Richards, the defense attorney for Kyle Rittenhouse, told reporters he thought the jury looked like they were divided following a third day of deliberations

“I thought, they’re 6-6 split. That’s what I thought,” Richards told the New York Times.

Shortly before the jury left for the evening, the Times reported that the defense attorney had entered the courtroom with rolled-up sleeves as jurors deliberated on Thursday.

When asked how he was feeling, Richards replied, “Worse than I was yesterday,” and added that he hoped to shift the energy by walking around the courtroom.

Jury Ends Day Three of Deliberations, No Verdict

The jury in Kyle Rittenhouse’s homicide trial was dismissed for the evening with no verdict after the third day of deliberations.

They’ve worked for around 23 hours so far and will return for day four at 9 a.m. on Friday. Judge Bruce Schroeder acknowledged that the trial surpassed its anticipated Tuesday end date.

One juror asked the judge if she could bring the 40-page jury instructions home with her, and he approved but reminded her that she cannot discuss the case with anyone else. The defense appeared to be concerned the juror would think too much about the definitions of instructions.

Jury resumes deliberations as mistrial motion looms over case

The jury has begun its third day of deliberations Thursday, court officials told reporters on the scene.

This comes as a motion for mistrial looms over the case.

Kyle Rittenhouse’s lawyers initially claimed the prosecution intentionally gave them a lower-quality version of crucial drone footage. The defense later changed their request upon further investigation, dropping the claim of prejudice on the part of the prosecution.

The prosecution claims they did not deliberately alter the file and that it was compressed went sent over email, unbeknownst to the state.

Defense attorney Corey Chirafisi said they did not have the same evidence as the prosecution until the trial was closed and that having higher quality video earlier would have altered their argument strategy.

“It’s not debatable that it’s fair what happened,” he said.

Chirafisi noted their motion would call for a mistrial without prejudice, meaning the state can retry the case against Rittenhouse again so everyone “can have the same information and same quality of videos.”

The prosecution called this request “inappropriate.”

“I do not believe an unknown technical incident should result in a mistrial,” prosecutor James Kraus said.

FULL STORY: Kyle Rittenhouse Trial Drone Footage Could Prove ‘Ugly’ for Prosecution

Jury deliberations move to third day as protesters gather at night

The second day of jury deliberations in the Kyle Rittenhouse homicide trial began Wednesday with crowds gathering outside of the courtroom early in the morning.

The 18-year-old’s defense team filed a motion for a mistrial over “prosecutorial overreaching” and the withholding of high-resolution drone footage that’s considered key video evidence. They accused prosecutors of deliberately withholding the footage because of prejudices toward Rittenhouse, and argued that any conviction should be overturned without the chance for a retrial. It is the defense’s second mistrial request.

When jurors asked if they could rewatch video footage, the defense objected to allowing them to view the drone video at the center of their motion. Judge Bruce Schroeder also criticized the local media for reporting it was “odd” that he hadn’t ruled on the motion and said both the defense and prosecution are typically given the opportunity to respond before he rules on the motion to dismiss.

But as the jury deliberated and protests continued outside the Kenosha County Courthouse, tensions escalated and chaos erupted between Black Lives Matter and pro-Rittenhouse groups. A 20-year-old man and a 34-year-old female were arrested in connection to the incident.

After about 17 hours total of deliberation, the jury was dismissed Wednesday and is set to return for the third day at 9 a.m. on Thursday. Rittenhouse faces five felonies in connection to the shooting, including a first-degree intentional homicide that carries a mandatory life sentence, but jurors can consider lesser charges for some of the offenses.

Tucker Carlson guest says leftists believe Rittenhouse “should not have stopped the street animals”

Conservative radio host Jesse Kelly told Tucker Carlson on Wednesday that some people “genuinely believe Kyle Rittenhouse should not have stopped the street animals from burning down Kenosha, or any other city.”

Carlson asked Kelly if he agrees that prosecutors were arguing that Rittenhouse didn’t have the right to protect his life.

“That’s the take-away they’re going to get from it, Tucker, because it’s their entire world view. It’s hard for Americans to accept, it’s hard for me to accept where we are as a country. Where we are is people in positions of power now, they’re the crazed nut job that used to be on the street corner protesting, the man-hating feminist who used to hide in her apartment hammering Nutter Butters. These people are now CEOs, they’re district attorneys, they’re senators, they’re presidents, and that’s why you see this,” Kelly said, before adding that people believe Rittenhouse should not have acted.

He continued, “They believe they have a right before God, their communist God, to burn this country down.”

Rittenhouse jury dismissed after day 2 of deliberations

The jury in Kyrle Rittenhouse’s homicide trial was dismissed for the day without reaching a verdict.

Reporter Michael Tarm said that reporters looked fatigued at the end of their second day but didn’t show any signs of tension. He added that the judge reminded jurors not to discuss the case, with the group nodding and smiling at him. One juror even joked that she didn’t sit in the judge’s chair while they were reviewing drone video in the courtroom alone.

The jury has been deliberating for 17 hours total and will begin the third day of deliberations at 9 a.m. Thursday.

Judge believes jury can watch videos multiple times

Judge Schroeder said the jury should view the video evidence as many times as they need.

He said he feels the trial should be a “pursuit of truth” and if the jurors “want to be able to see [the video] 80 times…they should be able to.”

Defense attorney Corey Chirafisi objected to this notion. He said the jury should see the video once, citing a past case as precedent.

“We object to it being played over and over,” he said.

Prosecutor James Kraus said the case law the defense cited does not apply in this instance, noting the case referred to video statements, not videos of “incidents.” He believes the jury should be allowed to watch, rewind, pause, restart “as they see fit.”

Judge Schroeder said the jury should watch the requested videos on a clean laptop with nothing else on it.

Two more questions asked by jury

The jury sent two more questions to the court amid their deliberations, according to a pool report.

The subjects of the questions are unknown.

Judge Schroeder has returned to his chamber and the attorneys are currently setting up monitors in the courtroom, according to the pool reporter in the court.

Defense files for mistrial over ‘prosecutorial overreaching’ and withholding key video

Kyle Rittenhouse’s defense team filed a motion for mistrial after it accused the prosecution of “overreach” and withholding key video footage during the hearing.

The motion mentions the prosecution’s questioning of Rittenhouse’s right to remain silent during his testimony. At the time, Judge Bruce Schroeder said the prosecution was “on the border line” of a “grave constitutional violation.”

The motion also mentions an attempt to introduce evidence the judge ruled was not permitted during pre-trial discussions.

The defense also claims the prosecution held back the high-resolution drone footage that is “at the center of this case.” The defense claims they initially received a lower-quality version of the video and only got the better-quality clip, which the prosecution already used, on Saturday after testimony ended.

“The failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant,” the motion states.

Any conviction should be overturned without the chance for a retrial, the motion argues.

The defense previously called for a mistrial with prejudice last week ahead of closing arguments.

Jury begins deliberation

Court reporters said the jury has begun deliberating.

Judge Bruce Schroeder is presiding over an unrelated hearing Wednesday morning.