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"The motion of the defendant is granted"
Fox News / Kenosha judge ^

Posted on 11/19/2021 1:47:28 PM PST by ctdonath2

[at timestamp 6:17] "The motion of the defendant is granted, the charges against the defendant on all counts are dismissed with prejudice, and he is released from the obligation of his bond."


TOPICS: Miscellaneous; Society
KEYWORDS: kyleisafreeman
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To: ctdonath2

That’s bad. A jury acquittal is better than a judge’s decision. What about the defense’s misbehavior?


41 posted on 11/19/2021 2:06:32 PM PST by nickcarraway
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To: alternatives?

We’ll have to wait for the jurors to choose to speak about the matter.


42 posted on 11/19/2021 2:06:36 PM PST by ctdonath2 (Statistics don't matter when they happen to you.)
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To: Lazamataz

John Quincy Adams (from the movie “Amistad”) to the court:

“James Madison, Alexander Hamilton, Benjamin Franklin, Thomas Jefferson, George Washington... John Adams. We’ve long resisted asking you for guidance. Perhaps we have feared in doing so, we might acknowledge that our individuality, which we so, so revere, is not entirely our own. Perhaps we’ve feared an... an appeal to you might be taken for weakness. But, we’ve come to understand, finally, that this is not so. We understand now, we’ve been made to understand, and to embrace the understanding... that who we are *is* who we were. We desperately need your strength and wisdom to triumph over our fears, our prejudices, ourselves. Give us the courage to do what is right. And if it means civil war? Then let it come. And when it does, may it be, finally, the last battle of the American Revolution.”


43 posted on 11/19/2021 2:06:57 PM PST by Sapwolf (Talkers are usually more articulate than doers, since talk is their specialty. -Sowell)
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To: Pollard

That Lin Wood is a POS!


44 posted on 11/19/2021 2:07:24 PM PST by Sapwolf (Talkers are usually more articulate than doers, since talk is their specialty. -Sowell)
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To: PTBAA

You can’t sue the government without their permission.

And, the President himself has immunity while President.


45 posted on 11/19/2021 2:08:09 PM PST by ro_dreaming ("We seem to have gone from 'We the people' to 'Me, the president' in a scant 8 months." - Me)
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To: ctdonath2; xzins

The not guilty verdicts could not be challenged.

The post verdict dismissal of the charges with prejudice clearly allows for the defendant to pursue a malicious prosecution suit against the state and also puts the two Prosecutors on notice that the judge determined that they had engaged in deliberate and willful prosecutorial misconduct.

They could lose their bar tickets because of their misconduct and could be prosecuted.

We can only hope.


46 posted on 11/19/2021 2:08:31 PM PST by P-Marlowe (I got the <ΙΧΘΥΣ>< variant. Catch it. John 3:16)
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To those saying it’s normal: he specifically referenced the motion to dismiss. Yes, likely just tying up loose ends, but that the end was loose to tie up seems interesting.


47 posted on 11/19/2021 2:09:01 PM PST by ctdonath2 (Statistics don't matter when they happen to you.)
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To: Spok

“And more importantly he’ll get his rifle back”

I would find that hard to believe.

Do you think he would still want it?

If I were in his shoes I would ask that it be destroyed.


48 posted on 11/19/2021 2:09:11 PM PST by SecAmndmt (Cv19 vaccines are Phase 2 of the CCP bioweapon)
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To: Steely Tom

“Federal Government can still bring one of their “violated civil rights” charges.”

How so? KR was not a public employee acting under color of law; and even if he was, he did not deprive anyone of their civil rights because the victim belonged to a protected class.


49 posted on 11/19/2021 2:09:24 PM PST by Labyrinthos
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To: Steely Tom

Oh they will try, or send goons to do harm to this kid, it’s the #JihadJunta after all.


50 posted on 11/19/2021 2:09:48 PM PST by Shady (The #JihadJunta is now a Dictatorship, there are no more “laws..”)
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To: Raycpa

That didn’t take long.


51 posted on 11/19/2021 2:10:39 PM PST by EBH (Never trust the government or a politician . 1776-2021 May God Save Us.)
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To: Spok

more importantly he’ll get his rifle back and keep his 2A rights
——
Kyle should post a new picture of him and his AR-15

Nuclear triggered would follow


52 posted on 11/19/2021 2:11:16 PM PST by janetjanet998
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To: Repealthe17thAmendment
I was struck by that. He could have called it a moot motion, but instead ruled on it.

The only thing I could think of would be it may have closed the door on some prosecution appeals.

A wag on one of the legal chats suggested that was the time the ADA could have agreed to the prior motion to dismiss without prejudice.

53 posted on 11/19/2021 2:12:04 PM PST by Fido969 (45 is Superman!)
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To: ctdonath2

You’d have to read the actual motion, but my guess is that since the state brought a case with basically no evidence (including the testimony of their prime witness), it was certainly appropriate to ask for that.


54 posted on 11/19/2021 2:13:03 PM PST by fruser1
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To: Steely Tom

Lol, surely you know whites don’t have civil rights in Brandon’s America.

I don’t think they’ll touch it.


55 posted on 11/19/2021 2:13:36 PM PST by Tennessee Conservative (My goal in life is to be the person my dog's think I am)
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To: Husker24

Uh - there’s this double jeopardy thing in the way. They would have to charge differently and with separate and different elements of the offense in order to get past a motion to quash.


56 posted on 11/19/2021 2:13:45 PM PST by jagusafr ( )
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To: HandBasketHell
“Merrick Garland can still go after him with federal charges, I believe, and the sore loser democrats are just the ones to do it.”

That is always possible, or federal agents could just go to the boy's house and kill him outright. And his dog.

However, since a jury acquitted, I'd guess Dem elites would want to focus group test any additional persecutions before busting a move. Dem elites are not so outraged that they want to drive their approval numbers below 30 percent.

Dem elites lost a couple of their soldiers to KR; they don't want to lose control of Washington DC too.

57 posted on 11/19/2021 2:13:55 PM PST by jeffersondem
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To: ro_dreaming

“And, the President himself has immunity while President.”

Joe Biden slandered Kyle Rittenhouse before he stole the Presidency. And, filing the suit now is enough to publicly portray Biden as the divisive hate-monger he is.


58 posted on 11/19/2021 2:16:58 PM PST by PTBAA
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To: alternatives?

Nope.


59 posted on 11/19/2021 2:17:05 PM PST by circlecity
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To: nickcarraway

I’d say getting both is good: carried by 12 AND case dismissed with prejudice. Any continuing attempt to overturn the verdict now has 2-3 roadblocks, not just one.


60 posted on 11/19/2021 2:17:09 PM PST by ctdonath2 (Statistics don't matter when they happen to you.)
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