Kyle Rittenhouse trial: Jury instructions the next battleground
Kyle Rittenhouse jury expected to begin deliberating Monday
{{#rendered}} {{/rendered}}The jury overseeing the murder trial of Kyle Rittenhouse is not expected to return to the Kenosha, Wisconsin, courtroom until Monday, but attorneys for the defense and the prosecution will return on Friday to finalize how the panel will be instructed when they are handed the case for deliberation next week.
Kyle Rittenhouse faces up to life in prison if convicted of the most serious charges against him. He faces charges of first-degree intentional homicide, which is Wisconsin’s murder count; attempted first-degree intentional homicide; first-degree reckless homicide; reckless endangering; and illegal possession of a weapon by a person under 18.
Prosecutors said they will ask Circuit Judge Bruce Schroeder to allow the jury to consider possible lesser charges on some of the counts — potentially the intentional homicide and attempted intentional homicide charges.
{{#rendered}} {{/rendered}}KYLE RITTENHOUSE TRIAL: DEFENSE RESTS ITS CASE, JURY EXPECTED TO BEGIN DELIBERATIONS MONDAY
Rittenhouse’s lawyers rested their case Thursday, putting on about two and a half days of testimony to the prosecution’s five.
Prosecutors have sought to portray Rittenhouse as the instigator of the bloodshed, which took place during a tumultuous night of protests against racial injustice. Meanwhile, the defense has repeatedly argued that Rittenhouse was acting in self defense.
{{#rendered}} {{/rendered}}KYLE RITTENHOUSE TRIAL: WHAT IS THE SELF-DEFENSE LAW?
Jury instructions will be worked out on Friday, and closing arguments are expected on Monday. After closing arguments, names will be drawn to decide which 12 jurors will deliberate and which ones will be dismissed as alternates. Eighteen people have been hearing the case.
KENOSHA, WISCONSIN - NOVEMBER 10: Kyle Rittenhouse (3rd L) sits with his defense team, Mark Richards (L), Corey Chirafisi (2nd L) and Natalie Wisco during his trial at the Kenosha County Courthouse on November 10, 2021 in Kenosha, Wisconsin. (Photo by Mark Hertzberg-Pool/Getty Images)
Rittenhouse was 17 when he and at least one friend said they traveled to the Wisconsin city from Illinois on Aug. 25, 2020, to protect local businesses and provide medical aid after two nights of unrest, with businesses being looted and set on fire.
{{#rendered}} {{/rendered}}He fatally shot Joseph Rosenbaum, 36, in an initial confrontation and just moments later fatally shot Anthony Huber, 26, and wounded Gaige Grosskreutz, 27.
Prosecutors said they will ask Circuit Judge Bruce Schroeder to allow the jury to consider possible lesser charges on some of the counts — potentially the intentional homicide and attempted intentional homicide charges.
One of the final witnesses for the defense was a use-of-force expert, John Black, who testified that less than three seconds passed between the time somebody fired a bullet in the air and Rittenhouse opened fire on the first man he shot, Rosenbaum.
{{#rendered}} {{/rendered}}Gaige Grosskreutz becomes emotional as he testifies about being shot in the right arm during the Kyle Rittenhouse trial at the Kenosha County Courthouse on Nov. 8, 2021 in Kenosha, Wisconsin. ((Photo by Mark Hertzberg-Pool/Getty Images))
Black took the stand as part of an effort by Rittenhouse’s lawyers to show that he had reason to fear for his life and acted in self-defense.
Rittenhouse, in his own turn on the stand Wednesday, testified that he heard a gunshot directly behind him as he was being chased by Rosenbaum. Authorities said the shot was fired by someone else in the crowd.
KYLE RITTENHOUSE TRIAL ‘A SHAM AT BEST,’ SUBWAY VIGILANTE BERNIE GOETZ SAYS: 'SATISFY A MOB'
{{#rendered}} {{/rendered}}The account Rittenhouse gave has largely been corroborated by a wealth of video and the prosecution’s own witnesses: Rittenhouse said that Rosenbaum cornered him and put his hand on the barrel of his rifle, the second man hit him with a skateboard and the third man came at him with a gun of his own.
Judge Bruce Schroeder, right, reprimands Assistant District Attorney Thomas Binger, left, in his conduct in line of questioning while cross-examining Kyle Rittenhouse during the trial at the Kenosha County Courthouse on Nov. 10, 2021. (Photo by Sean Krajacic-Pool/Getty Images)
Thursday’s trial proceedings were less eventful than the day before, when Rittenhouse’s defense team filed a motion for a mistrial with prejudice, after a series of missteps by the prosecution, including related to the constitutionality of some of the questions asked by Binger.
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{{#rendered}} {{/rendered}}If the motion for a mistrial with prejudice is granted, the state would be barred from retrying the case against Rittenhouse.
Schroeder, though clearly mad at the prosecutor to the point of raising his voice at times, did not immediately rule on the request, and pressed on with the case.
Fox News' Jiovanni Lieggi contributed to this report, as well as The Associated Press contributed to this report.