Judge refuses to throw weapons claim against Rittenhouse

Madison, Wisconsin (AP) — A judge refused to dismiss a weapons charge against a man in Illinois who was accused of shooting and killing three people during a protest against police atrocities in Wisconsin last year.

Kyle Rittenhouse in Antioch, Illinois shot dead Joseph Rosenbaum and Anthony Huber during a protest in Kenosha, injuring Gaiji Grosskreutz. Prosecutors have charged Rittenhaus, who was 17 at the time of the protest, with multiple charges, including murder and a minor in possession of firearms. His trial is scheduled to begin on November 1.

Rittenhaus lawyers claimed that he fired for self-defense after Rosenbaum, Hoover, and Grosskreutz attacked him. At a hearing on Tuesday, they asked Judge Bruce Schroeder of the Kinosha County Circuit Court to dismiss the alleged possession of weapons.

Corey Chirafisi, one of Rittenhouse’s lawyers, argued that the law only prohibits minors from carrying short-barreled rifles. According to Chirafisi, Rittenhaus used an AR-style semi-automatic rifle with a 16-inch barrel on the night of the shooting.

The only other ban on minors in possession of firearms is in state hunting laws that state that children under the age of 12 cannot be hunted with guns. That’s not the case, as Rittenhaus was 17 years old on the night of the shooting, according to Chirafisi.

Assistant District Attorney Thomas Binger hunts because Congress apparently bans people under the age of 18 from “running around with dangerous weapons,” and Rittenhaus wasn’t hunting on the night of the protest. He argued that the law did not apply.

Schroeder stood on Binger’s side, but said the decree was unclear and could later revisit the question.

Binger also asked reporters not to broadcast images of witnesses during the hottest trials, saying that at least some were afraid of their safety. He does not say which witnesses feel unsafe or are actually threatened.

Rittenhouse lawyer Mark Richards said he wasn’t sure which horrific witness the prosecution was referring to, but one prosecution witness boasted that he had been summoned on his social media account.

Schroeder said he was uncertain whether he had the authority to censor the media and presided over other cases that he said were “more tense” than the Rittenhaus proceedings.

The lawyer also sparred on whether to allow John Black, an expert in the use of force by police, to testify about his defense in court. Binger argued that it was not necessary and that the jury could decide for himself whether Rittenhouse’s actions were rational. Richards argued that Black could help the jury know the facts.

Schroeder allowed Black to testify at a hearing and get ideas on what to present at trial. Black claimed that Rittenhaus always maintained control of the gun, attempting to move away from Rosenbaum, Hoover, and Grosskreutz, and fired only when attacked. He said Hoover hit the Rittenhouse on a skateboard and Grosskreutz approached him with a pistol in his hand.

Schroeder took a lunch break before allowing Binger to cross-examine Black.

The prosecution was also looking for permission to show a video of Rittenhaus wanting to shoot some men who thought they were shoplifting from a pharmacy 15 days before the protest. Schroeder said last month that he was devoted to eliminating it. It was not clear if he would dominate the request on Tuesday.

Schroeder denied both requests last month to send a questionnaire to a potential jury to investigate bias. The judge wrote in a letter to the lawyer that he was worried that people would not fill in and that the recipient would discuss the case with family, friends and colleagues.

“It may lead to more conversations about the incident, resulting in opinion formation,” Schroeder said.

Kenosha was in the midst of a chaotic protest for several nights after a white policeman shot a black Jacob Blake in the midst of a domestic turmoil in August 2020, paralyzing the break from the waist down. rice field. The 18-year-old Rittenhaus visited the city in response to a social media post calling for help protecting the city’s businesses.

Many conservatives flocked to support the Rittenhouse, calling him a patriot for trying to stop violent protests, making him a symbol of gun rights and raising $ 2 million on bail. .. Others, including some liberals and activists, described him as a domestic terrorist and said he exacerbated the instability by bringing a rifle to the city of Kenosha.

Judge refuses to throw weapons claim against Rittenhouse

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