Posted on 11/16/2021 4:51:49 AM PST by marktwain
UPDATE 11/15/2021 11:30 EST:
After an hour of discussion of jury instructions on the morning of November 15, 2021, Judge Bruce Schroeder responded to a motion to Dismiss the weapons possession charge, charge number six, by the defense.
Judge Schroeder allowed the prosecutors an opportunity to measure the rifle which had been possessed by Kyle Rittenhouse. Given the opportunity, they did not measure it but agreed the rifle was of legal length and was not a short-barreled rifle under the law.
Judge Schroeder then dismissed the weapons charge, as the possession of an ordinary rifle by the defendant (Kyle Rittenhouse) was not prohibited by Wisconsin law.
U.S.A. –-(AmmoLand.com)-
Early in the course of the prosecution of Kyle Rittenhouse in Kenosha, Wisconsin, the prosecution decided to charge Rittenhouse with possession of a dangerous weapon by a person under the age of 18, Wisconsin statute 948.60.
Several commentators immediately noted the prosecution was misapplying the law. By the letter of the law, Rittenhouse fell under the exception in 948.60 3(c). From the statute:
(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28.
Statute 941.28 applies to short-barreled rifles and shotguns.
(Excerpt) Read more at ammoland.com ...
The prosecutor suggestioing you need to “take your beating” was insane.
The first most obvious question to me is: how the hell is one supposed to know, when deciding to take a beating rather than use deadly force to protect oneself, that the beating won’t result in serious bodily harm or death? Because, yo, people are often beaten to the point of serious bodily harm or death….so…maybe he’s the worst fricking prosecutor on the planet.
It’s an incredibly dumb argument...though given the fact that the jury is mostly women, they may not know how absurd the argument is, most having never been in the position of having a physical confrontation.
Literally EVERY time I’ve re-watched the Rittenhouse video and I see him hit the ground as people are running at him to surround and beat him with things, I tense up KNOWING that he could not be in a more vulnerable position. He’s ONLY alive today because the guy that kicked him in the head mostly missed, and Huber swung a skateboard like a pussy. Had either of those two connected he’d have been at least disoriented if not unconscious, and they’d have beaten him to death...if Gaige didn’t shoot him first.
But keep in mind, this is literally the SAME argument activists have been using towards LEOS this whole time. Since they have a gun, they do not have a ight to use it against a person without a gun, regardless of how violent they become, or if they are attempting to take the gun away. They must throw hands with a suspect to make it fair...or something. The fact that prosecutors are using it here tells you they are more activist than they are traditionally on the side of law and order.
That charge, which should never have been filed, confirms the incompetence of the DA’s involved.
I’ve said for a while that I carry in part because I’m too old to take a beating and too young to die.
This prosecutor should be in prison for this attempt at a political show trial.
The prosecution will take a beating in law journals for decades to come.
DOJ orchestrated all this.
They had high res footage but turned over low res that led to the ‘hocus pocus out of focus’ image that’s the crux of the protection at this point.
So likely high res FBI drones were over every city with riots that year. Where is the footage?
Thousands of crimes on video and no prosecutions.
Why?
The firearms charge was thrown out yesterday by the judge because the prosecution could not show that any law was broken.
People in the FBI need to be criminally charged for withholding evidence and for destroying evidence.
“That charge, which should never have been filed, confirms the incompetence of the DA’s involved.”
That and the fact that the moron DA with the glasses was waving an AR around the courtroom yesterday.
He is quickly becoming the story and I certainly hope his superiors take disciplinary action on him.
THIS is why the passengers, who watched and taped a women being raped by a naked illegal alien for 40 minutes on the SEPTA train in Philly, did nothing to help her. If anyone had tried to help her THEY would be in jail and tried and the illegal would have been set free to rape again. The criminal goes free in today’s world and anyone who steps in and tries to help is put in jail, tried and sentenced and broke trying to defend themselves.
According to the libs you are not allowed to defend yourself or help others. Criminals have all the rights in todays world.
no one wants to take a beating... no one.
i would love to see the jury exiting the door with a verdict before the last juror goes in to give his... passing each other in the doorway...
what a waste of time and dignity.
I’m pretty sure he’s the elected DA and his superiors are the voters.
This is why downballot races are important.
The prosecutor in the Kyle Rittenhouse case actually called the people who attacked him "brave" and "heroes".
Of course, that is irrelevant to the case.
What they thought is irrelevant.
It says a great deal the prosecution is relying on the portrayal of the attackers as "heroes".
“Judge Schroeder dismissed the charge because he followed the law.”
He should have dismissed his entire case with prejudice and sanctioned the Prosecution days ago.
L
Which means they already knew it was legal.
I only watched a little of the testimony, but I recall clearly that, in open court and in real time, Kyle corrected the Prosectuion at least 3 times on his statements regarding gun law.
In an honest and legal system, that alone ought to have disqualified the Prosecutor
The Prosecutor is completely incompetent... and this whole thing is a stupid show trial
+1 on everything you just said!
It was funny how Binger did that. First it was a BIG gun, and then he tried to apply the law concerning “short barrelled rifles”.
He was all over the place with contradicting himself on stuff.
“Thomas Binger biography:
He’s a graduate of Michigan Law School
He worked as a prosecutor in Milwaukee County for six years, starting in 1999
He was in private practice in Racine County before coming to Kenosha County”
15 DAS in Kenosha County and this is the best they got? Sheesh
Great point/s.
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