Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Kyle Rittenhouse defense team seeks mistrial, claiming prosecutorial misconduct
https://news.yahoo.com ^ | November 16, 2021 | Staff

Posted on 11/16/2021 12:57:51 PM PST by Red Badger

KENOSHA, Wis. — As Kyle Rittenhouse’s jury officially began its deliberations Tuesday, a piece of unfinished business still hung over the case.

The defense filed a motion ahead of Monday’s closing arguments asking for a mistrial based on prosecutorial misconduct. The request will be moot if the jury — which began deliberations at 9:15 a.m. local time — acquits Rittenhouse of the five felony charges against him, so it appears the judge will not address the issue until after deliberations.

Eighteen jurors listened to the case, though only 12 have been tapped to reach a verdict. Before deliberations began, Rittenhouse on Tuesday pulled six numbers from an old-fashioned lottery tumbler that is original to the 100-year-old courtroom, and those six people were designated as alternates.

The deliberating panel includes seven women and five men. The jurors did not identify themselves by race, but the jury appears to be predominantly white.

The mistrial motion rehashes an issue that arose last week when the judge berated an assistant district attorney for ignoring a pretrial order that barred the jury from hearing certain evidence and for infringing on Rittenhouse’s right to remain silent upon his arrest. It also levels a new accusation at prosecutors, accusing them of not properly sharing a piece of video evidence.

There has been no mention of the defense motion in court since it was filed.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: Wisconsin
KEYWORDS: banglist; kenosha; kylerittenhouse; rittenhouse
Navigation: use the links below to view more comments.
first 1-2021-4041-59 next last

1 posted on 11/16/2021 12:57:51 PM PST by Red Badger
[ Post Reply | Private Reply | View Replies]

To: Red Badger

“”The Dan O’Donnell Show” is not naming Jump Kick Man, as he has not been criminally charged in connection with the Rittenhouse case. Sources indicate that he contacted prosecutors and offered to testify, but in exchange requested immunity from an ongoing drunk driving and domestic abuse case with which he was charged in June. Prosecutors declined his offer and chose not to call him as a witness in the Rittenhouse case.”

https://freerepublic.com/focus/f-news/4013217/posts


2 posted on 11/16/2021 1:02:05 PM PST by BenLurkin (The above is not a statement of fact. It is either opinion, or satire. Or both.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Sorry ladies, but it bothers me that there are seven women.

I may be dead wrong, but it’s my take that women doen’t
always use intellect in these matters. They start checking
their feelings and go swamp rat.

Check this out:

This is how women voters decided the 2020 election

Early exit polls show President-elect Biden winning the
votes of 57 percent of women, compared to 45 percent of men.

In comparison, President Trump won 42 percent of women’s
votes and 53 percent of men’s votes.

https://www.nbcnews.com/know-your-value/feature/how-women-voters-decided-2020-election-ncna1247746


3 posted on 11/16/2021 1:04:06 PM PST by DoughtyOne (Democrats, fixing things that haven't been broken, so they don't work, for over 197 years.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BenLurkin

Did the Prosecutor let the defense know the gentleman’s name so they could talk too him? Mmmmmmm…….


4 posted on 11/16/2021 1:04:36 PM PST by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Red Badger

They can amend his to show that the software used to “prove” the provaction is specfically described as not suitable for evidence.


5 posted on 11/16/2021 1:06:43 PM PST by Fido969 (45 is Superman!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DoughtyOne

Perhaps there will be a hung jury at worst.

Binger and the other prosecutor abusing that autistic guy (Nathan DeBruin) did them no favors in the sight of women.

I made this comment in another thread, but all the evidence shows Rittenhouse being attacked over and over. Stirs feminine sympathy.


6 posted on 11/16/2021 1:07:16 PM PST by JoanSmith
[ Post Reply | Private Reply | To 3 | View Replies]

To: Red Badger

IANAL, but I don’t necessarily agree this is the correct course.

It is true that a NG verdict seems to be “in the bag” but you can never, ever assume that.

A mistrial can/will produce a complete retrial, start from zero. A reasonably competent judge should declare a mistrial just on the events he already knows. I do not know if a mistrial can be declared without one or the other side requesting it via a pleading. (I’m asking an atty pal as I write this)

I think the defense should move for a directed verdict.


7 posted on 11/16/2021 1:08:27 PM PST by Attention Surplus Disorder (Apoplectic is where we want them)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

My misinformed opinion:

The jury will find Kyle guilty.

But based on the many prosecutorial misdeeds, including the latest occuring afer closing arguments; being the State’s hiding and refusing to identify Jump Kick Man, the judge will set aside the jury verdict and delare a mistrial.


8 posted on 11/16/2021 1:11:47 PM PST by Responsibility2nd (I love my country. It's my government that I hate.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Attention Surplus Disorder

The defense is requesting a mistrial with prejudice. No retrial.


9 posted on 11/16/2021 1:11:58 PM PST by JoanSmith
[ Post Reply | Private Reply | To 7 | View Replies]

To: JoanSmith

Hopefully the “prosecutor pointed rifle at the jury” will backfire (ahem) and give the jury the visceral experience of, however little, feeling in fear of their lives as someone unexpectedly threatened them with death. I can see at least one, if not all, jurors going “in that moment, I truly realized how Kyle must have felt; be it threatened by crazy man grabbing at me, getting hit with a wood plank a la skateboard in the street, or ‘paramedic’ pointing a gun at me with obvious malice, I now truly know why the boy fired.”


10 posted on 11/16/2021 1:15:27 PM PST by ctdonath2 (Statistics don't matter when they happen to you.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: JoanSmith

Yes but...not being knowledgeable in trial procedure, I can only assume the judge may indeed grant the mistrial part but not the prejudice part. The def may not get all they want. I can’t recall too many cases (that I have heard of, which means nothing) where a “mistrial with prejudice” was granted. I just have not heard of that as a trial outcome.


11 posted on 11/16/2021 1:19:08 PM PST by Attention Surplus Disorder (Apoplectic is where we want them)
[ Post Reply | Private Reply | To 9 | View Replies]

To: DoughtyOne
sorry gentlemen...the three attackers were men, the DA is a man, the detective is a man and the mayor is a man.....

I wouldn't trust just being a "man" as any kind of qualifier for a good judgement...

I'm hoping one juror will use his/her brain...

its worrisome that they haven't come back yet.

12 posted on 11/16/2021 1:19:55 PM PST by cherry
[ Post Reply | Private Reply | To 3 | View Replies]

To: DoughtyOne

I dunno my friend. A few years ago I was on a jury for a burglary and had a couple of elderly females along with a couple others. I thought oh boy the elderly two are gonna take pity on the guy because he had a bad childhood blah blah blah.

Wel the evidence was pretty overwhelming and when we went to deliberate both of them immediately said “well let’s vote He’s guilty”. Lol

You never know.


13 posted on 11/16/2021 1:20:07 PM PST by V_TWIN
[ Post Reply | Private Reply | To 3 | View Replies]

To: DoughtyOne

Men are by nature, analytical creatures and make decisions based on logic and evidence

Women are by nature, Emotional creatures and make thier decisions based on Emotions and then try to use the facts to justify those decisions based on emotions.


14 posted on 11/16/2021 1:23:13 PM PST by eyeamok (founded in cynicism, wrapped in sarcasm)
[ Post Reply | Private Reply | To 3 | View Replies]

To: ctdonath2

I hope so too. I watched most of the trial and Binger came off as an unhinged nut, even before his crazy gun stunt. He did insist the gun be checked multiple times before his stunt, and he was trying to demonstrate the fear the other people must have felt when Kyle shot them.

But the defense did a superb job showing video from every possible angle demonstrating Kyle was wholly acting in self defense. Additionally, all the witnesses resonated with the same voice - even the prosecutors’ witnesses supported the defenses’ position.

On top of that, Jo Ellan Dimitrius was hired by the defense to help with jury selection. She selected the OJ Simpson jury. She’s able to select juries that are sympathetic to her clients. The MSM hasn’t latched onto her role in this trial.


15 posted on 11/16/2021 1:25:25 PM PST by JoanSmith
[ Post Reply | Private Reply | To 10 | View Replies]

To: Attention Surplus Disorder

During one of the judge’s outbursts he said to Binger that he better be careful because he “might give the defense what they’re asking for.”


16 posted on 11/16/2021 1:27:25 PM PST by JoanSmith
[ Post Reply | Private Reply | To 11 | View Replies]

To: eyeamok

“Women are by nature, Emotional creatures and make thier decisions based on Emotions and then try to use the facts to justify those decisions based on emotions.”

Which is why they should never be seated on a jury and why they shouldn’t be allowed to vote.


17 posted on 11/16/2021 1:29:36 PM PST by billyboy15
[ Post Reply | Private Reply | To 14 | View Replies]

To: V_TWIN

I also sat on a rape case. The women on our Jury were brutal on questioningly motives of the woman rape victim. Said she set up the accused man to spite her fiance. Guy walked. But we all knew he took advantage of her.


18 posted on 11/16/2021 1:31:23 PM PST by refermech
[ Post Reply | Private Reply | To 13 | View Replies]

To: refermech

I see at least three Karen’s on that jury who just feeeeeel in there little hearts Kyle shouldn’t have been there with a gun and should go to jail, law, justice, and logic be damned. Hung jury IMO otherwise the entire deliberations should take about 15 min.


19 posted on 11/16/2021 1:39:33 PM PST by RightOnTheBorder
[ Post Reply | Private Reply | To 18 | View Replies]

To: RightOnTheBorder

Where did you find pictures of them? The judge was trying to stop the dims from taking their pictures for intimidation purposes.


20 posted on 11/16/2021 1:43:09 PM PST by JoanSmith
[ Post Reply | Private Reply | To 19 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-59 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson