Each day in this trial seems to get progressively worse for the prosecution. Yesterday their prime witness Gaige Grosskreutz, who came at Rittenhouse with a handgun while Rittenhouse was on his back and had his attack abruptly stopped by Rittenhouse shooting off his right bicep, was subject to a devastating cross examination in which he basically admitted that Rittenhouse was acting in self defense:
Rittenhouse trial should be over immediately. pic.twitter.com/PHZnHS5rD9
— Viva Frei (@thevivafrei) November 8, 2021
Today the prosecution will complete its case and then rest. I expect the defense to then make a motion for a directed verdict for the defense. It is rare for courts to grant such a motion because judges do not like taking a case from a jury. I have had such motions granted, and the feeling is akin to winning a large lottery. However, it is a proper motion where the prosecution has not met its burden. In this case not only has the prosecution failed to meet their burden of beyond a reasonable doubt, they have not even met the civil burden of a preponderance of evidence. Instead, this comedy-of-errors prosecution has proven self-defense for the defense.
In a case with this type of coverage, it would take a gutsy judge to grant such a motion. In this case I am very impressed by the Judge. Whatever he does with a motion for directed verdict, I do not think he will allow the notoriety of the case to affect him one iota.
Go here to view a live feed of the trial with color commentary by attorneys. The trial should resume around 9:00 AM CT. In the meantime, here are recaps of the high lights and low lights from yesterday:
Update:
The State has rested. The curfew violation charge has been dismissed, but no motion for a directed verdict as to the major charges, which surprises me. I assume the defense has decided to make the motion at the conclusion of their case.
We no longer have a justice system in this country. We have show trials and purely political prosecutions. These prosecutors should be disbarred. They knew this witness aimed a gun at Kyle before Kyle pulled the trigger. What you saw wasn’t surprise, it was resignation. I am disgusted.
America has law enforcement [local PD/sheriff] and it has tyranny enforcement [Capitol PD, CIA, FBI, et al].
You think you live in a free country . . .
Over the years I’ve come to appreciate good defense attorneys … and despise most prosecutors.
Over the years I’ve come to appreciate good defense attorneys … and despise most prosecutors.
One does get the impression that a great many prosecutors are indifferent to truth and justice. One thing that’s disconcerting is what a trial lawyer who had participated in judicial selection panel told me. He said they get three sorts of applicants: prosecutors, employees of the state attorney-general’s office, and lawyers in private practice who aren’t making much of a living off it. So, judges tend to be biased in favor of the government when they’re not hacks.
Too many Judges have little in the way of the private practice of law, and, as a result, have to learn their civil law on the bench.
My understanding is that in a case with an affirmative defense (like self-defense), the prosecution only has to show that the act was committed. So the defense can’t move for a directed verdict yet?
The State in this case Pinky, incredibly, brought out facts, through the witnesses they called, establishing that Rittenhouse acted in self defense. The videos are also damning to the prosecution. The defense could have moved for a directed verdict, but they decided not to do so until after they put on their case.
The burden of proof for the prosecution includes “and not in necessary self defense “. Do not be confused by calling it an “affirmative defense “.