For the second time, defense requests mistrial in Kyle Rittenhouse case

For a second time in the Kyle Rittenhouse homicide trial, the defense has asked the judge to declare a mistrial.

Attorney Corey Chirafisi told Judge Bruce Schroeder the defense did not receive the same quality drone video footage shown to the jury during the two-week trial. The drone video depicted the encounter between Rittenhouse and the first man he shot and killed, Joseph Rosenbaum, 36.

Chirafisi said because the defense didn’t realize they weren’t given the same evidence as what the state had until after it was presented to the jury, Rittenhouse was not receiving a fair trail.

“If this was disorderly conduct, I get it. But we’re talking about a potential life sentence here,” Chirafisi said. “We understand it’s going to be without prejudice. We understand that the state can redo the case if they want to again. We understand that the state will redo the case again. But then we will all have the same information, the same quality of videos, and I think that is required in a case like this.”

The jury asked to see several videos including Rittenhouse being chased after shooting Rosenbaum and his encounters with Gaige Grosskreutz, the third man he shot and the only survivor. They spent about an hour Tuesday reviewing the videos.

If the jury finds Rittenhouse innocent of all the charges he is facing, the mistrial filing will have little relevance. But if there is a conviction, the defense will have grounds for an appeal.

Schroeder said he was not going to rule on the mistrial request at this point because the jury is already in deliberations.Still, he told the state he had felt “queasy” about the drone video throughout the trial because it was given to the prosecution by an unknown source.

“We might as well follow through with it and if they’ve (the state) got everything correct and it’s reliable then they won’t have a problem and if it isn’t then it’s going to be ugly,” Schroeder said.

Last week, the defense asked for a mistrial with prejudice, meaning if it is granted, the state could not refile charges against Rittenhouse.

Jurors met for a full day Tuesday after two weeks of testimony in which they were given starkly different portrayals of Rittenhouse’s actions the night he shot three men, killing two, on the streets of Kenosha last year. Rittenhouse is accused of fatally shooting Rosenbaum and Anthony Huber, 26, and wounding Grosskreutz, now 27.

Prosecutors say Rittenhouse was a “wannabe soldier” who provoked a confrontation, while the defense says he feared for his life and acted in self-defense.

Rittenhouse, then 17, traveled to Kenosha from Illinois during a tumultuous night of protests against racial injustice and polite brutality in the summer of 2020. The unrest followed the police shooting on Aug. 23, 2020 of Jacob Blake, a Black man. Blake is paralyzed from the waist down.

Jury considering multiple charges

Rittenhouse faces the following charges:

• Count 1: First-degree reckless homicide, use of a dangerous weapon. This felony charge is connected to the death of Rosenbaum, the first man Rittenhouse shot.
• Count 2: First-degree recklessly endangering safety, use of a dangerous weapon. This charge is connected to reporter Richie McGinnis, who was in the line of fire when Rosenbaum was shot.
• Count 3: First-degree recklessly endangering safety, use of a dangerous weapon. Videos show Rittenhouse being kicked by an unknown man and then shooting at him. That is what this charge is related to.
• Count 4: First-degree intentional homicide, use of a dangerous weapon. This felony charge is connected to the death of Huber, the second man Rittenhouse shot. The judge ruled the lesser included are: second-degree intentional homicide; first-degree reckless homicide.
• Count 5: Attempted first-degree intentional homicide, use of a dangerous weapon. This charge is connected to the shooting of Grosskreutz. Grosskreutz is the third man Rittenhouse shot. The judge ruled the lesser included are: attempted second-degree intentional homicide; first-degree recklessly endangering safety.

Schroeder issued jury instructions Monday. The instructions included the lesser charges, giving the jury more options if they’re unable to agree on homicide and attempted homicide charges against Rittenhouse. Schroeder also dismissed the misdemeanor charge of possession of a dangerous weapon by a minor. Rittenhouse was armed with an AR-style semi-automatic rifle. Wisconsin law prohibits minors from possessing firearms except for hunting.

Small group of protesters gathered near courthouse Tuesday

Throughout the two-week trial, the city of Kenosha and the area outside the downtown courthouse have remained relatively quiet.

On Tuesday, around 40 people gathered outside the Kenosha County Courthouse, some in support of Rittenhouse and others supporting the men shot by Rittenhouse.

Among the crowd was Tavis Grant, national field director for human rights organization Rainbow PUSH. He said the case is an example of a “white privileged, white entitled justice system” and a “Black and brown disenfranchisement system.”

“There is not a Black or brown defendant that is in Kenosha County right now that has a $2 million, high performing, high paid, high profile law firm representing them,” said Grant. “There is not a Black or brown defendant that is accused of murder or is accused of any crime that has been humanized or sanitized like Kyle Rittenhouse, nationally.”

Tanya McLean, founder of the community group Leaders of Kenosha called for peace while waiting for the jury’s verdict.

“We vow to continue to prioritize the safety of our community. We denounce those who feel emboldened by the murders of Anthony and Jojo to threaten, hurt and kill us, to follow us home, to scare us and to try to intimidate us, but we will not be intimidated,” she said Tuesday outside the courthouse. “Anyone threatening to come to our city to kill, hurt, threaten or do damage is absolutely not welcome.”

Authorities prepare for public response to verdict

State and local authorities are readying for response to the jury’s verdict. The Kenosha County Sheriff’s Department and Kenosha Police Department issued a joint press release stating law enforcement has worked for the past year to improve “response capabilities to large scale events.”

“At this time, we have no reason to facilitate road closures, enact curfews or ask our communities to modify their daily routines,” the statement read.

Gov. Tony Evers authorized on Friday 500 Wisconsin Army National Guard troops to be ready to come to Kenosha to support local police.

Editor’s note: The Associated Press and WPR’s Andrea Anderson, David Hyland, Madeline Fox, Corrine Hess, Jenny Peek and Rich Kremer contributed to this story.