Closing arguments in the Kenosha shooter case will begin Monday after Judge Bruce Schroeder instructs the jury on the law and how they are to apply it on each charge.
The details of those charges will be finalized between the judge and attorneys for both sides today.
The jury will not be present during these proceedings when the state is expected to inform the judge if they intend to ask for lesser charges to be considered on any counts.
As it stands 18-year-old Kyle Rittenhouse is charged on six counts: First Degree Reckless Homicide, Use of a Dangerous Weapon in the death of Joseph Rosenbaum, First Degree Intentional Homicide, First Degree Attempted Intentional Homicide, Use of a Dangerous Weapon in the shootings of both Anthony Huber and Gaige Grosskreutz, First Degree Recklessly Endangering Safety in the case of Richie McGinniss who was all but in the line of fire when Rosenbaum was shot and 'jump-kick man' – the unidentified male at whom Rittenhouse shot twice – and one count of Possession of a Dangerous Weapon by a Person Under 18.
A seventh curfew violation was dismissed earlier in the week.
The most serious charges, first-degree intentional homicide, carries a mandatory life sentence, while attempted first-degree intentional homicide and first-degree reckless homicide, are both punishable by up to 60 years in prison.
First-degree reckless endangerment carries a maximum prison term of 12 years and requires prosecutors to show that Rittenhouse put someone in harm's way by showing an utter disregard for life.
Closing arguments in Kyle Rittenhouse's murder trial will begin Monday
Rittenhouse fatally shot Joseph Rosenbaum (left), 36, with an AR-15-style semiautomatic rifle after Rosenbaum chased Rittenhouse across a parking lot and threw a plastic bag at him shortly before midnight on August 25, 2020. Moments later, as Rittenhouse was running down a street, he shot and killed Anthony Huber (right), 26, a protester from Silver Lake, Wisconsin
Judge Bruce Schroeder will instruct the jury on the law and how they are to apply it on each charge
Many doubt that the prosecutors have been successful in shouldering this burden of proof.
Speaking Thursday afternoon Assistant District Attorney James Kraus revealed that the state may seek possible findings of lesser charges on the homicide of Anthony Huber and attempted homicide of Gaige Grosskreutz.
But he said they were not inclined to accept a lesser finding in the case of Joseph Rosenbaum, or on the reckless endangerment charge that Rittenhouse faces with respect to Richie McGinniss.
Judge Schroeder has placed a cap of two and a half hours on closing arguments for both sides, time which is to include any rebuttal they should wish to make.
The judge had originally put a cap of one and a half hours on arguments but relented on Assistant District Attorney Thomas Binger's request for more time due to the state's intention to replay as much as 30 minutes of video footage.
But he warned, 'I will be tough. I may tell you to sit down mid-sentence if you keep going. I did it to one of the DAs recently.'
The jury will not return to the courthouse until Monday when names will be drawn to determine the 12 who will actually deliberate.
Eighteen of the original 20 jurors remain after one was excused on medical grounds and another was removed having made a racial 'joke' to a court deputy.
Judge Schroeder dismissed them for the long weekend with the words, 'We're in the final stretch now.'
Kyle Rittenhouse and defense attorneys Natalie Wisco and Corey Chirafisi, talk during Rittenhouse's trial
Assistant District Attorney Thomas Binger brought the highest drama of Wednesday when he was accused by both Richards and Judge Schroeder of acting 'in bad faith' and attempting to provoke a mistrial
The defense rested Thursday afternoon after two and a half days of explosive testimony and high courtroom drama that may yet see the case tossed with a mistrial.
Rittenhouse's attorneys Mark Richards and Corey Chirafisi began making their case Tuesday afternoon and quickly played their biggest card – bringing Kyle Rittenhouse to the stand Wednesday morning.
Rittenhouse, 18, broke down and sobbed on the witness stand as he recounted the events of the night of August 25, 2020 when he shot dead two men and gravely wounded a third.
He said he did not want to shoot anyone that night but did so because he was 'ambushed and attacked.'
He recalled how Joseph Rosenbaum chased and lunged at him, and voiced his belief that if Rosenbaum had managed to get his gun he would have killed him and probably a lot more people that night.
He said that he shot Anthony Huber as he felt the man pulling his gun from his body and Gaige Grosskreutz because he came at him with his own firearm, a Glock 27, pointed at him.
As Rittenhouse spoke his mother Wendy wept uncontrollably in the public gallery.
On Thursday night, his mother appeared on Fox News Wendy and said she was still angry with President Biden for his labeling her son a white supremacist last year.
But it was Assistant District Attorney Thomas Binger who brought the highest drama of the day when he was accused by both Richards and Judge Schroeder of acting 'in bad faith' and attempting to provoke a mistrial.
Binger was eviscerated by the judge for questioning Rittenhouse's right to remain silent after charges were brought.
He did this twice before the jury who the judge ultimately sent out before laying into the prosecutor and accusing him of a 'grave constitutional violation.'
Later Binger attempted to bring in evidence that had already been excluded in a pre-trial motion. The evidence was from Rittenhouse's social media and a post in which he commented about wishing he had his AR-15 so he could 'shoot some shoplifters.'
Incandescent with rage Judge Schroeder laid into Binger. When the prosecutor said he had been 'acting in good faith,' Schroeder snapped, 'I don't believe you.'
The defense has requested a mistrial based on this 'prosecutorial misconduct' and 'over-reach.' They argue that Binger was trying to provoke a mistrial to avoid the case ending in acquittal and so as to, 'have another kick at the cat' and bring a fresh prosecution.
Judge Schroeder has taken their request for a mistrial with prejudice – meaning that the case could NOT be re-tried – under consideration and has yet to make a final ruling on it.
Kyle Rittenhouse broke down on the witness stand as recalled the moment he was 'ambushed' by Joseph Rosenbaum the night he shot him dead
As Rittenhouse spoke his mother Wendy wept uncontrollably in the public gallery
Armed with a fire extinguisher, his medical bag and his AR-15, Rittenhouse said, 'I started running towards the Car Source number three to put out fires, pausing occasionally to catch my breath and walk
The defense concluded their case with a use of force expert who testified that, in reality, the events that the state has sought to slow down, asking Rittenhouse what he was thinking and feeling moment by moment, took place in a matter of seconds.
From the moment that he walked through a crowd hurling rocks at police vehicles, yelling, 'Friendly! Friendly! Friendly!' to the moment he tried to surrender himself to the police just two minutes and 55 seconds elapsed.
Gaige Grosskreutz was shot by Kyle Rittenhouse on August 25, 2020 and his right bicep was almost entirely blown away. Grosskreutz, the state's star witness, took the stand Monday morning
The defense also called the Kenosha Police Officer who collected the spent shell casing from the downtown road where the shootings occurred and a videographer and commentator who was an eye-witness to the night and the shooting but whom the prosecution had not called and attempted to brand as bias and intent on aiding Rittenhouse's cause.
Shortly before the defense rested the judge heard arguments concerning an expert that the state planned to recall as part of their rebuttal.
Judge Schroeder called forensic imaging expert James Armstrong to explain the algorithms used to enlarge and enhance FBI surveillance footage entered into evidence by the state.
The state argued that they should be able to enter enlarged drone footage images entered into evidence that, they claim, show Rittenhouse pointing a gun at people before he was chased by Rosenbaum.
The defense objected on grounds that the images had been altered and were not therefore accurate depictions of the original footage.
As testimony dwelt on software and pixels Judge Schroeder shook his head and joked, 'I'm still using watercolors.'
Assistant District Attorney James Kraus said that the defense's argument was 'a canard' and a 'dishonest argument.'
He said, 'With respect your honor I think the defense is trying to take advantage of your lack of technical knowledge which you've already expressed.'
He said that their attempt to present this as 'voodoo magic' was 'preposterous.'
Ed Lasiowski protests outside the Kenosha County Courthouse during Kyle Rittenhouse's trial on Thursday
Judge Schroeder snapped back, 'You have the burden of proof not them. The witness was just here and when he's asked what does [the software do] he says, 'I don't know.'
'This is the person who's providing your information to support your claim that it is an accurate depiction.'
The judge added, 'I will tell you that I totally agree with our comment about my lack of familiarity with these concepts although I have some logical skills. The fact that I can accurately blow something up on my phone doesn't mean that the particular crime lab is doing an accurate [job].
'What does peer review mean to me? You haven't presented any evidence as to the science or the algorithm.'
After scrutinizing the images himself Judge Schroeder allowed the evidence and said that the jury could draw their own conclusions.
On recalling the jury the defense immediately rested and the rebuttal began.
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