Posted on 11/10/2021 8:07:36 AM PST by Red Badger
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The judge brought up today the stupid ADA telling him the judge doesn't understand the law. Happened day #1 of the trial. The judge was not happy then or now.
ADA Binger is going down in flames.
Is Binger purposefully pushing it to get a mistrial?
Defense should move to dismiss with prejudice before the jury comes back in.
After the prosecution flubbed their case, Kyle went on the stand for the big gamble, to demurr all the criminal charges, perhaps for but the Possession charge, which is a Class A misdemeanor and may or may not stick (penalty limits are 9 months/$10K fine). The reason it may not stick is they never charged anyone for providing Rittenhouse the weapon, which is part and parcel of the same Possession law!
What the prosecutor is desperately tring to do, is salvage some of these lesser felonies, because he knows his Homcide cases are dead (lol, literally). The Judge knows this too, btw, that is why he is making the prosecutor walk the fine line as the prosecutor tried to wander off into Rittenhouse joking on an earlier day about making threats against shoplifters (having done so while unarmed). The Judge disarmed the prosecutor because having permitted such absurd allegorical accusations would have been grounds to overturn the case!
The judge said his assumption was wrong.
Is Binger purposefully pushing it to get a mistrial?
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defense told the judge just that
Who?
The prosecutor is attempting to trick Kyle, not get at the facts. Big smokescreen because he has nothing to prosecute him for.
The Emergency Order is a non-starter, and its inclusion goes to the lack of seriousness with which this prosecutor engaged the case, ie, was anyone else present charged with the same nuisance violation?
Starting to suspect that myself. If the jury isn't blind, bought, or bullied this one isn't even close.
That’s why the defense and then the judge said “Dismiss with prejudice.”
Doesn’t want them playing the purposefully line crossing to get a mistrial and get another shot knowing how things will play out.
Gaige’s friend lying about what he posted on Facebook helped Kyle. I didn’t buy anything he said. Not only did Gaige mess up his civil case, provide clear self defense for Kyle, he messed up Huber’s cause by making it clear Kyle was in reasonable fear for his own life.
Notice the prosecutor isn’t going into ANY details about the events of the shooting. He’s trying to paint Kyle as a videogame madman killer there to murder people. Don’t think that’ll work.
I’ve read there were a lot of women on the jury. Kyle’s mother in court. Have to admit despite my grave doubts about it Kyle is doing great on the stand even under cross.
Because he is telling the truth and not playing games. It's the prosecution that is playing games and looks horrible.
All the prosecutor has to do is make unfounded claims within the jury’s hearing. They can’t unhear what was said.
I think the Prosecutor was trying to make the case that Kyle was reckless in choosing full metal jack ammunition over hollow point ammunition because FMJ could pass through the intended target and endanger bystanders behind the intended target. (Now known as pulling a "Baldwin.")
If so, it's a losing argument.
Great point. This Judge seems to have had it with this prosecutor at this point. Binger should be doing the quiet ‘I’m your friend’ approach because what he’s doing isn’t working.
IF you are referring to ‘bringing in a gun from Illinois” that charge was dropped by the judge.
It was shown that the gun was originally IN Wisconsin & given to Kyle IN Wisconsin.
I almost feel sorry for the prosecution. He is being asked to create a case out of thin air. I believe every witness Binger presented lied at one time or another including cops.
That said, I don’t trust juries who have been threatened with being doxed.
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