Judge Dismisses Count Accusing Kyle Rittenhouse of Violating Curfew Because State Presented Insufficient Evidence

Law & Crime ^ | Nov 9, 2021 | Aaron Keller

[where's_the_Outrage?]

The Wisconsin judge overseeing the intentional homicide trial of Kyle Rittenhouse on Tuesday afternoon dismissed the seventh count against the teen. That charge alleged that Rittenhouse failed to comply with an emergency management order of a state or local government by failing to heed a curfew on Aug. 25, 2020, when he shot three people and killed two of them.

Lead defense attorney Mark Richards moved to dismiss the count after the jury broke for lunch.

“I want to put on the record now that the state intends to rest,” said lead prosecutor Thomas Binger.

Judge Bruce Schroeder used the jury’s lunch break as a natural pause during which to handle motions. Richards asked Judge Schroeder to confirm that the state had rested its case; the judge interpreted the state’s intention to rest as a de facto termination of the state’s case in chief. (Some of the audio of the proceeding was muted, so all of the conversation leading up to request by Richards was unclear.) Spurred by the judge’s request to get the motions out of the way while the jury ate, Richards wasted no time; he seized the moment by lodging a standard request made by defense attorneys after prosecutors rest their cases in chief.....

“I think the evidence you offered was a statement by a . . . City of Kenosha police officer that there was a curfew in effect,” Judge Schroeder said. “And that’s the extent of it?”

“Yes,” a prosecutor said.

“I don’t believe that that’s sufficient,” said Richards.

“It’s not,” Schroeder ruled. “The motion is granted. Count seven is dismissed.”

[where's_the_Outrage?]

"Richard said. He also renewed an object as to another count — count six — which alleged Rittenhouse possessed a dangerous weapon while under the age of 18. The court previously refused to acquiesce to the defense’s objections as to count six, but Richards sought to preserve the issue for the record so that it would not be waived. "

I fail to understand how this can remain a charge as Kyle is being charged as an adult and therefore Juvenile charges should not apply IMHO.

[Gay State Conservative]

Hmmm...so the prosecution has rested.OK,now things are likely to get interesting. Also,being under 18 and in possession of a “dangerous weapon”. Where is *that* forbidden under the US Constitution???

[fwdude]

Will they finally “get” Kyle on that overdue library book? That should be good for 6 months in the pokey.

[eartick]

Kyle Rittenhouse, my hero. Dirt nap all the basturds

[Yo-Yo]

The Judge should have also directed a verdict of not guilty against the attempted murder charge involving Grosskreutz. Grosskreutz’s testimony proved a clear-cut case of self-defense.

[TigerClaws]

Meanwhile, Gaige aka the One Arm Man was taking pictures of the private vehicles of Kenosha police officers and arrested for lying about it. Those charges were dropped. Likely why the DA didn’t want the signed search warrant (signs and approved by a judge) executed. Gauge also had a DUI (he blow .20) dropped.

Amusing how the communist anarchists quickly run to the oppressive police when they’ve been shot. Of course, he also sued the city for $10m. But he’s the wrong skin color to win a George Floyd lottery.

[Pearls Before Swine]

I fail to understand how this can remain a charge as Kyle is being charged as an adult and therefore Juvenile charges should not apply IMHO.

Some twenty years ago, one of my kids was doing donuts in snow, in an empty church parking lot. A jerky rookie cop decided he would make a charge of driving to endanger, so I had to hire a lawyer to make it go away.

During the course of the conversation, I said, does it matter that he's 17? The lawyer responded that the age of maturity where adult charges can be preferred varies not only by state but by the particular alleged crime. Examples he gave were underage drinking, statutory rape, etc.

So, my boy looked at him for a minute and said, "Wait a minute. If this was about alcohol instead of snow donuts, are you telling me I'm old enough to be charged as an adult for being a minor?"

The lawyer looked at him, laughed, and nodded.

I'm not surprised that in this case, the prosecutor is trying to have it both ways.

[knarf]

This entire trial, coupled with the Joe Bidet administration is an indictment and expose of all the evil elements in America so called ‘conspiracy theorists’ have been writing and commenting about since at least the clintons.

[Valpal1]

I have a theory that the judge is preserving the charge in order to give the jury a “least bad option” to vote for that will later be overturned on appeal because the actual statute is overbroad and vague.

This gives the jury the ability to acquit on all the murder charges, guilty on the gun charge and everyone gets to go home while pretending justice was done.