November 15, 2021 Kyle Rittenhouse trial and closing arguments | CNN

Closing arguments conclude in Kyle Rittenhouse trial

Judge Bruce Schroeder makes a comment about the court's lunch.
Kyle Rittenhouse judge stops mid-sentence during jury instructions
01:43 - Source: CNN
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Final 12 jurors chosen by lottery in the Rittenhouse trial

A raffle drum, that will be used to pick the numbers of the alternate jurors who will be excused when the Kyle Rittenhouse case goes to the jury, sits in the courtroom on Friday, Nov. 12, 2021 in Kenosha, Wis. Judge Bruce Schroeder told jurors that he would select as many names as necessary from the tumbler to go from 18 down to 12 jurors. 

The 12 jurors who will deliberate the case and reach a verdict in the Kyle Rittenhouse trial have been selected.

This morning, before deliberations begin, six of the 18 jurors who heard the case were selected during a lottery held in the courtroom. The 18 potential jurors heard the evidence and testimony in the case so that alternates were available if jurors needed to be dismissed.

All the jurors’ numbers were loaded into a tumbler and mixed around. Defendant Kyle Rittenhouse selected six numbers from the batch.

The jurors whose numbers he selected were sent out of the courtroom. They will continue to serve as alternates. The clerk read off their numbers after Rittenhouse made his selections.

Rittenhouse reaches into the tumbler to pull out a juror number on Tuesday.

“As I call your number, please stand up. Number 11. Number 58. Number 14. Number 45. Number 9. Number 52. Then if you’ll follow the bailiff into the back room,” the clerk said.

The 12 jurors are now beginning deliberations in the case. The alternates will remain at the courthouse during deliberations.

Jury in Rittenhouse trial will begin deliberations today

The jury in the trial of Kyle Rittenhouse will begin deliberations today.

The panel of 18 jurors, eight men and 10 women, will be narrowed down to the 12 by a random drawing using a raffle tumbler this morning. The 12 jurors selected randomly will then deliberate the case.

On Monday, jurors were asked to report back to court at 10 a.m. ET today.

Key moments from dueling closing arguments in the Rittenhouse trial

Defense attorney Mark Richards gives his closing argument in Kenosha, Wisconsin, on Monday.

Kyle Rittenhouse provoked the fatal shootings in Kenosha, Wisconsin, last year by pointing his AR-15-style weapon at Joseph Rosenbaum, prosecutors said Monday in closing arguments of his homicide trial.

In response, defense attorney Mark Richards said Rittenhouse did not act recklessly when he fatally shot Rosenbaum, who Richards argued had threatened him, chased him, thrown a plastic bag at him and lunged for his gun.

The dueling closing arguments, which took up most of Monday, came at the end of a two-week trial highlighted by emotional and illuminating testimony from Rittenhouse himself, who said he acted in self-defense when he fatally shot Rosenbaum.

A crowd of people then pursued the teenager, and Rittenhouse testified he shot in self-defense at a man who tried to kick him; fatally shot Anthony Huber, who had hit him with a skateboard; and shot Gaige Grosskreutz, who was armed with a pistol. Rosenbaum and Huber were killed, and Grosskreutz was wounded.

The group of 18 jurors will be narrowed to 12 this morning and will then begin deliberating in the case.

Earlier Monday, Judge Bruce Schroeder dismissed a misdemeanor weapons charge against Rittenhouse, now 18. He still faces five felony charges and, if convicted on the most serious charge, could face a mandatory sentence of life in prison.

Schroeder also read a set of legal instructions to the jury members and informed them they will be allowed to consider lesser included offenses for two of the five counts.

The trial featured more than a dozen videos from the night of August 25, 2020, showing what happened before, during and after the shootings. Most of the facts of what happened that night were not up for debate — rather, the heart of the trial was the analysis of Rittenhouse’s actions and whether they can be considered “reasonable.”

The prosecution rested its case last Tuesday and the defense rested Friday.

Here's what happened Monday in the Kyle Rittenhouse trial

Both the prosecution and defense delivered their closing arguments Monday in the trial of Kyle Rittenhouse, a teenager who faces homicide charges in the fatal shooting during protests last summer following the police shooting of Jacob Blake. 

Prosecutors argued Rittenhouse had a part in creating the volatile and dangerous situation in Kenosha on Aug. 25, 2020 and said he had multiple opportunities to either flee to safety or use non-lethal means of defense.

Rittenhouse’s defense team, meanwhile, argued Rittenhouse’s actions were justified, saying he had been under assault from the victims he shot.

The jury will begin deliberations on Tuesday, Judge Bruce Schroeder told the court Monday evening. The panel of 18 jurors — 8 men and 10 women — will be narrowed down to the 12 who will deliberate the case by a random drawing using a raffle tumbler Tuesday morning. 

Jurors were asked to report back to court at 10 a.m. ET tomorrow.

If you’re just catching up, here’s what happened in court Monday:

  • Judge dismisses gun charge against Rittenhouse: Schroeder dismissed Count 6 of the indictment against Rittenhouse, a misdemeanor charge for possession of a dangerous weapon by a person under 18. The charge was punishable by up to nine months in prison and a $10,000 fine.
  • Prosecutors argue Rittenhouse can’t claim self-defense on “a danger you create”: The assistant district attorney argued that video shows that Rittenhouse provoked the fatal encounter with Rosenbaum, and suggested he should never been at protests armed because it wasn’t a situation in which he was “protecting his home or his family.” 
  • Prosecutors say Rittenhouse could have fled: Prosecutor Thomas Binger said during his closing argument that Rittenhouse should have continued to run away instead of shooting Rosenbaum.
  • Prosecutors say Rittenhouse lied to the press and bystanders: Binger called Rittenhouse “a fraud” who lied to the press, saying that he was a certified EMT. He also accused Rittenhouse of lying to bystanders after shooting Rosenbaum by claiming the victim “pulled a gun.”
  • Defense accuses prosecution of “lying”: Early in it’s closing statements, the defense argued prosecutors had mischaracterized Rittenhouse’s role in the violence in Kenosha telling the jury that the Binger was “lying” and “misrepresenting” the evidence when he said the defendant provoked violence. Defense attorney Mark Richards said Rittenhouse “was taking off” when shooting victim Rosenbaum and others started chasing him.
  • Defense says Rittenhouse was under attack: Richards said that before Rittenhouse shot Anthony Huber, the shooting victim “strikes him in the head” and was going for a “second lick.” He also said Rosenbaum was “leaping” and “lunging” at Rittenhouse when he shot him.
  • Defense points at victims and protesters: The defense also made a number of statements about those present at the protests, calling them rioters and saying that Gaige Grosskreutz, who was shot and wounded that night, should have “retreated” and not confronted Rittenhouse.

Rittenhouse jury begins deliberations tomorrow. Here's what we expect.

The jury in the trial of Kyle Rittenhouse will begin deliberations on Tuesday, Judge Bruce Schroeder told the court Monday evening, following a full day of instructions and closing arguments in the case.

The panel of 18 jurors — 8 men and 10 women — will be narrowed down to the 12 who will deliberate the case by a random drawing using a raffle tumbler Tuesday morning. 

Jurors were asked to report back to court at 10 a.m. ET Tuesday.

Judge tells Rittenhouse jury to "pay no heed to the opinions of anyone"

Following the end of closing arguments, Kenosha County Circuit Court Judge Bruce Schroeder told the jurors they must “determine whether the defendant is guilty or not guilty as to each of the offenses charged or submitted.”

Deliberations in the Kyle Rittenhouse case will begin tomorrow. Rittenhouse, the armed Illinois teenager who killed two people and wounded another during unrest in Kenosha, Wisconsin, last summer, is on trial on homicide charges.

Prosecution concludes rebuttal, saying Rittenhouse was "the only imminent threat that night"

Kenosha County Assistant District Attorney James Kraus concluded his rebuttal for the state by saying Kyle Rittenhouse’s actions could not be considered reasonable self-defense.

“The defense’s whole case has been trying to stoke sympathy for Mr. Rittenhouse and showing how everybody else was a terrible person,” said Kraus, bringing his rebuttal of the defense’s closing argument to a close.

“The only imminent threat that night was Mr. Rittenhouse,” he concluded. “He was not acting in legal, justified self-defense. He is guilty.”

Rittenhouse jurors' attention appears to be waning as closings spill into the evening

As closing arguments spilled into Monday evening in the trial of Kyle Rittenhouse, “the attention of jurors waned,” according to a pool reporter in court. Some were seen “fidgeting, shifting in their jury-box chairs” and “their eyes surveying the courtroom.”

As prosecutor James Kraus continues his rebuttal, several jurors were seen resting their hands on their chins or rubbing their eyes. “At least one seemed to struggle to stay awake,” according to the pool reporter. 

Kraus’ rebuttal is ongoing.

Prosecution begins rebuttal in Rittenhouse trial

Kenosha County Assistant District Attorney James Kraus began the rebuttal for the state saying it was unreasonable for Kyle Rittenhouse to respond to threats by using deadly force.

Prosecutors told the court earlier they estimated their rebuttal remarks would last about 30 minutes.

Kraus went on to argue that the perceived threat to Rittenhouse’s did not meet the standard under Wisconsin law that would justify the use of deadly force.

“The standard is the defendant may intentionally use force, which is intended or likely to cause death or great bodily harm, such as firing an AR-15, only if the defendant reasonably believed that the force used was necessary to prevent imminent death or great bodily harm to himself,” said Kraus.

Kraus said Rittenhouse should have “exhausted all methods” of self-defense before shooting.

“Punch him in the face, kick him in the testicles, knee him in the face, hit him with your gun,” he said. “You don’t just immediately get to shoot someone … It is not reasonable for any adult … to not try and defend yourself first using other methods.”

Court takes a break following defense's closing arguments

The court is in a short break for 10 minutes.

Defense attorney Mark Richards just wrapped up his closing argument in the trial of Kyle Rittenhouse, saying his client had acted in self-defense and that his actions are protected under Wisconsin law.

Prosecutors will now have a chance to give a rebuttal.

The defense wraps up its closing arguments

Defense attorney Mark Richards just wrapped up his closing arguments in the trial of Kyle Rittenhouse.

Rittenhouse, now 18, faces homicide charges for killing two people and wounding another during unrest in Kenosha, Wisconsin, last summer. The defense has argued throughout the trial that Rittenhouse was acting in self defense.

“Every person who was shot was attacking Kyle,” Richards said.

Defense says prosecution was unable to damage Rittenhouse's credibility in cross-examination

Defense attorney Mark Richards praised Kyle Rittenhouse’s lengthy testimony before the jury last week, saying the prosecution had not managed to damage his client’s credibility.

“Could Mr. Binger pick on him and find little things about it? A little bit,” said Richards, referring to lead prosecutor in the case against 18-year-old Rittenhouse, Thomas Binger. “A little bit.”

“Did he damage his credibility?” continued Richards. “I don’t think so.”

Richards went on to say Rittenhouse had made the decision to testify in his own defense — a move often considered risky in criminal trials, because he wanted the jury to hear his perspective of what happened that night.

“Kyle Rittenhouse did not have the take the witness stand to tell his story,” said Richards. “It was told through video. He wanted you, as the jurors, to hear his personal experience of the night of the 25th.”

“He knew Mr. Binger would cross examine him for hours, and he was willing to get up on that witness stand, take the oath, and tell his story the best way he could, and he did,” Richards added.

Defense attorney says Rittenhouse wasn't looking for trouble when he went to Kenosha

Defense attorney Mark Richards told the jury that Kyle Rittenhouse was not looking for trouble when he went to Kenosha, Wisconsin, in August 2020. Rather, he said his client “feels for this community.”

Rittenhouse, the armed Illinois teenager who killed two people and wounded another during unrest in Kenosha last summer, is on trial on homicide charges.

Defense attorney argues that people were "rioting" before Rittenhouse shooting

Defense attorney Mark Richards aimed to poke holes in the prosecution’s earlier argument that Kyle Rittenhouse could have run away instead of shooting.

He told the jury that the video they viewed during the trial of what was happening at the businesses that Rittenhouse claimed he was there to protect on Aug. 25, 2020 shows “people destroying someone else’s property.” 

He continued: “Ladies and gentlemen, [assistant DA] Mr. Binger and I have gone round around round and it until the cows come home. They were rioters. They weren’t demonstrators. The demonstrators were down by the courthouse earlier in the night? Yes. There were people doing legitimate demonstration. These people were rioting.” 

He said that when the first shot was fired that night, Rittenhouse “couldn’t run and continue to run from [shooting victim Joseph Rosenbaum], which he was under no legal duty to do whatsoever.”

Defense attorney argues shooting victim should have "retreated"

Kyle Rittenhouse's lead attorney Mark Richards gives his closing argument in Kenosha, Wisconsin, on Monday.

Defense attorney Mark Richards argued that Gaige Grosskreutz should have “retreated” and not confronted Kyle Rittenhouse.

Richards said that — as the jury saw on video — when Grosskreutz came in contact with Rittenhouse the defendant stated “he’s going to the police.”

“That is uncontradicted,” Richards said.

The defense attorney says that Grosskreutz should have “let him be and go give aid and comfort” to Joseph Rosenbaum, who was just shot by Rittenhouse.

“Instead, he joins the mob, chasing Kyle, arms himself, and runs in — the fifth or sixth person there to the melee,” Richards said.

Richards said that Grosskreutz was “advancing” on Rittenhouse when he shot him.

Richards’ closing argument is ongoing. 

Defense attorney argues there has been "a rush to judgment" in Rittenhouse case

Defense attorney Mark Richards told the jury that after the shooting, the police placed Kyle Rittenhouse under arrest at 6 a.m. the following morning, before “all of the bullets have been picked up” off the street.

On the police and their decision to arrest Rittenhouse, Richards said, “were they under pressure? I’m sure they were.”

The defense attorney pointed out that immediately after the shooting on Aug. 25, 2020, “word got out” that Rittenhouse traveled across state lines and brought his AR-15. Unfounded rumors about Rittenhouse and White supremacist ties had also begun to circulate, he said.

Richards added that his client was charged on Aug. 27, before all the information was collected in the case.

“This has been a rush to judgment,” Richards said.

Defense: Shooting victim "strikes him in the head" before Rittenhouse shot him

Defense attorney Mark Richards said that before Rittenhouse shot Anthony Huber, the shooting victim “strikes him in the head” and is going for a “second lick” and “trying to take his head off.”

He said that Huber’s “other hand goes for the gun” in Rittenhouse’s hand. Richards noted that Gaige Grosskreutz, the only shooting victim to survive, “said he was concerned” about the “blows” against Rittenhouse.

Richards said that Grosskreutz has his hand “on the gun going for Mr. Rittenhouse” when he is shot.

Richards’s closing argument is ongoing.

Defense attorney: Shooting victim was "leaping" and "lunging" at Rittenhouse when he shot him

Defense attorney Mark Richards opened his closing argument by discussing the shooting of Joseph Rosenbaum, the first person shot by Kyle Rittenhouse on Aug. 25, 2020.

Richards said Rosenbaum was “leaping” and “lunging” at the defendant and his “hand was on the gun.”

Earlier in the day, prosecutor Thomas Binger argued that Rittenhouse provoked the violence that occurred that night when he shot Rosenbaum, nullifying the defendant’s self-defense claim.

Binger pointed out that Rosenbaum was not within “an arm’s length” of Rittenhouse when he shot him.

Richards told the jury that the “physical evidence does not lie” and asked them to “use your common sense and judgment” when considering whether Rosenbaum was a threat to Rittenhouse when he was shot.

The defense’s closing argument is ongoing.

Defense accuses prosecution of "lying" that Rittenhouse provoked violence in Kenosha

Defense attorney Mark Richards is delivering his closing argument at the Kyle Rittenhouse trial.

Richards began his remarks by telling the jury that the prosecutor Thomas Binger is “lying” and “misrepresenting” the evidence when he tells them that the defendant provoked the violence on the night of August 25, 2020.

Richards said Rittenhouse “was taking off” when shooting victim Joseph Rosenbaum and others started chasing him.

The defense team will have 2.5 hours total to deliver their closing remarks.

Court takes a break before defense starts closing arguments

The court is in a short break.

Prosecutor Thomas Binger finished his closing argument by telling the jury that Kyle Rittenhouse is guilty on all counts.

The defense will make their closing arguments when court is back in session.

GO DEEPER

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More than a dozen video clips were played during Kyle Rittenhouse’s trial last week. Here’s what they showed

GO DEEPER

Kyle Rittenhouse’s trial is coming to a close. Here’s what we know about the 3 men he shot
500 National Guard troops on standby as closing arguments set for Kyle Rittenhouse trial
Here’s what the jury in Kyle Rittenhouse’s trial will have to weigh
Kyle Rittenhouse testifies he knew Joseph Rosenbaum was unarmed but acted in self-defense during fatal shooting
Judge Bruce Schroeder’s reputation as a tough jurist comes through in Rittenhouse trial
More than a dozen video clips were played during Kyle Rittenhouse’s trial last week. Here’s what they showed