Posted on 11/12/2021 6:35:37 AM PST by Pilgrim's Progress
Anything lesser that is within the factual elements presented at trial. Totally prosecutorial discretion.
The curfew charge was dismissed by the judge becuase the state did not produce sufficient evidence.
Yes, that law is about as clumsy as the mail-in voting regulations here last round, so I suspected the jury would get him there just to throw crumbs to the hungry mob. I think he's already been held long enough to take care of that.
Anything lesser that is within the factual elements presented at trial. Totally prosecutorial discretion.
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Maybe they will charge Kyle with 100 counts of jaywalking?
Based on the threats against the jurors so far, the judge should dismiss the jury with thanks for serving. And then declare Rittenhouse not guilty.
I thought he had a fully automatic AK-15 revolver
But certainly subject to approval by the Judge, I would hope?
Jeez, the whole case is presented by both sides with an eye to the charges, not some yet-to-be-announced scenario. What a stink bomb.
Just as a procedural technicality. If prosecutor wanted to dismiss the charges, that would be subject to approval of the judge. the judge can override the jury too, except cannot override a not-guilty verdict by the jury.
On the substnce, judge is supposed to allow any charge moidification, as long as the evidence can support the charge.
self defense is not part of the charge. That sits in its own box, pretending to be unrelated. But self defence beats ANY charge based on illegal use of force.
The only think Kyle is guilty of is being in Kenosha . . . and I don’t think that is a crime, yet.
The two issues mentioned by the prosecutor were Kyle's not being enrolled at ASU and his not being given a bullet-proof vest by the police. I wonder if an additional charge could be perjury?
Right, charge Kyle with perjury but let all the state’s lying witnesses to skate. Sounds reasonable.
Ah yes, the ADA assertion that the bullet-proof vest assertion that it was not provided by local authorities.
It wasn’t provided to him in Wisconsin. He said he received it as a police cadet from the department in Illinois he served.
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Legal Insurrection has an in depth and interesting take on the last potentially viable charge left for Kyle Rittenhouse (unlawful gun possession by someone under 18). Worth a read:
https://legalinsurrection.com/2021/11/the-injustice-of-the-gun-charge-against-kyle-rittenhouse/
THe analysis at Rekieta law llive stream is they’ll do the less included offenses.
I thought I heard it's a misdemeanor up to 4 years. Frankly, listening to Binger equates to 4 years of punishment.
I don't know why they would want the judge to dismiss with prejudice. If he did, the prosecution couldn't retry him again.
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