Posted on 11/15/2021 3:58:10 AM PST by marktwain
Many readers have avidly been following the Kyle Rittenhouse self-defense trial in Kenosha, Wisconsin. One of the important aspects of the case is the contention over what Wisconsin statute 948.60 (“Possession of a dangerous weapon by a person under 18.”) means. This correspondent has written extensively on this issue. Here is the relevant portion of the trial from this week.
Essentially, the defense says, under the law, Kyle Rittenhouse did NOT commit an offense, his possession of a rifle was legal.
The first arguments are about the jury instructions. Defense attorney Chirafisi says he hoped Judge Schroeder had made up his mind about the defense motion to dismiss, and then to reconsider the motion to dismiss charge number six, possession of a dangerous weapon by a person under the age of 18.
The court debate went like this:
Kyle Rittenhouse’s Defense Attorney, Corey Chirafisi:
Judge, if I could, Initially I was hoping the Court would take up our motion for reconsideration which was filed a week ago Monday.
Judge Schroeder: OK
Defense Attorney Corey Chirafisi:
And, once that is done, depending on how you rule on it, I would have an objection to 2176, because in my reading of 2176, the notes set forth what is to happen or how the Court is to do when there is an alleged exception, which we are alleging here. And I think that is to be put into, as part of the instruction.
And as it reads now, I don’t think there is an exception. So, I think that has to be included in the instruction if the court does not grant our motion for reconsideration.
(Excerpt) Read more at ammoland.com ...
The Prosecution doesn't really have a case, as far as I can see.
This hunter certification ‘thing’....failure is what? A misdemeanor and $100 fine?
This is the strongest part of the prosecution case....meaning they really did a lousy job.
When I was a Kid in Nebraska, I got my Hunter Safety Certificate in public grade school. I don’t remember what year, so I had to have been pretty young. I got a cool orange patch.
Congrats!
From the trial, it depends on the barrel size. If it is shorter than standard - it is a crime. It not, it is legal.
The judge admonished the prosecution (again), stating that the statute is not clear.
I heard that the defense specifically cross-examined the weapons expert and asked if there was anything illegal about the gun, and the expert witness said “No.” so there is that...
When I was in high school our shop teacher brought his new deer rifle in, to show it off to all of us kids.
It was a beautiful shotgun and it impressed me how clean and shiny he kept it. He had the gun cleaning kit neatly tucked in the case. In the two minutes I got to look at it, I learned more about the importance of gun cleaning and safety then I did the rest of my life.
Mine was when I was 12...
I got mine the same year I got married...so I was 18. I did good and posted my target on the kitchen wall. Every shot hit the Bulls Eye.
They hunt deer with shotguns?
Slugs
Where’s Ted Nugent when we need him? ? ?
The Prosecution doesn’t really have a case, as far as I can see.
~~~~
That’s how I see it too. The fact that the prosecution is falling back to argue over whether or not Rittenhouse violated an obscure law forcing 17 year old hunters to take a safety course says that the prosecution is conceding that Rittenhouse was defending himself. If I were a juror I would view inclusion of this charge as a technical gotcha.
If Rittenhouse was defending himself then this trial is over.
True justice would be if Kyle walks on everything, not-guilty. He’s suffered enough.
“... if there was anything illegal about the gun ...”
The fact that this question even needs to be raised is insane.
“Is there anything illegal about this crossbow?”
“Is there anything illegal about this hammer?”
“Is there anything illegal about this book?”
That would be a good start.
A 10 million dollar payout for malicious prosecution on the weapons charge, at least, would be another good start.
I would like to see his case made into a movie, with Kyle the hero, DA Gravelly the evil mastermind, and ADA Binger and Kraus as his willing henchmen.
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