Defense is based on self-defense arguments

KENOSHA, Wis. – After an emotional day with testimony and a call for a lawsuit Kyle Rittenhouse’s murder case, his defense attorneys continued to build their self-defense case Thursday, calling a force expert, media commentator and police officer to the booth.

Rittenhouse, 18, is charged with killing two men and injuring a third during chaotic protests in this town of Wisconsin south of Milwaukee after a white police officer shot Jacob Blake, a black man, in August 2020.

The testimony Thursday came the day after Rittenhouse’s lawyers asked for one abuse of prejudice due to questions from prosecutor Thomas Binger. Judge Bruce Schroeder said he would rule later, giving Binger time to respond and cite case law.

Jurors on Thursday heard from John Black, an expert in the use of force from Oregon, who said it took about a minute and 20 seconds from the time of Rittenhouse’s first shot to his last shot. The time Rittenhouse spent firing each shot took less than seven seconds, Black said.

Tears, shouts and calls for a mishap:What a dramatic day that could mean for the Rittenhouse murder case

Prosecutors and the defense quarreled over how much video Black would be allowed to show. Black said he analyzed videos filmed in Kenosha on the night of the shooting to understand the timing of the events.

Binger said the judge had previously ruled that Black would only be allowed to determine the timing of the shots fired and none of the leads, but Schroeder allowed Black to show a longer section. Prosecutors previously protested that Black included any opinion as to whether Rittenhouse acted reasonably by using lethal force at night for the shootings. Schroeder agreed that the jury can decide for itself.

The defense and prosecution also questioned a Kenosha police officer, Brittni Bray, about grenade shells she collected from the scene of the shootings of Anthony Huber, who was killed, and Grosskreutz, who was wounded. She also testified about how to clear a jammed AR-15 rifle. Bray said both a live and used round could cause the jam.

More from Wednesday’s emotional hearing:The Kyle Rittenhouse murder case is getting heated as the defense demands a trial

Drew Hernandez, a media commentator who filmed video from Kenosha, including of the fatal shot at Joseph Rosenbaum, also took the stand. Hernandez works for Real America’s Voice, a right-wing website that hosts a daily talk show by Steve Bannon, a former adviser to former President Donald Trump.

Hernandez said he traveled to Kenosha from abroad to film “riots” from “BLM” and “Antifa.” He said he “in no way, shape or form” saw Rittenhouse act aggressively on the night of the shooting.

Before a lunch break, Binger asked Hernandez about a lawyer Hernandez hired to submit video he recorded from Kenosha to both sides of the lawsuit, but the defense protested the question. The judge said he would allow Binger to continue with the interrogation, but it would be “closely monitored.”

Thursday was far less emotional than the shouting and crying that took place in the courtroom, as Rittenhouse testified a day earlier.

Rittenhouse broke down as he recounted the events leading up to the shootings and how he said he feared for his life.

“I was not doing anything wrong. I was defending myself,” said Rittenhouse, who was 17 when he traveled to Kenosha and agreed to help a friend protect a car dealership after nights of protest.

Rittenhouse said he felt in a corner as Rosenbaum chased him and grabbed his rifle. After shooting him, Rittenhouse said “a mob” was following him and that he was hit by a skateboard and a rock. He shot Huber after being hit a second time with the skateboard, and then shot Grosskreutz after approaching him with a gun.

How it happened:A visual timeline of violence in Kenosha following the police shooting of Jacob Blake

Previous testimony had confirmed many of the details provided by Rittenhouse, and even state witnesses did little to undermine the defense’s claims.

During cross-examination on Wednesday, Rittenhouse said he used deadly force but did so only to prevent the men from attacking him.

Binger pointed out why Rittenhouse believed in him needed an AR-15 the night and the amount of risk he perceived in the crowd.

Some lines in Binger’s question, however, received sharp criticism from Schroeder and prompted proposals for a trial with prejudice, which would prevent Rittenhouse from being convicted again.

Binger noted how Rittenhouse’s testimony was his first time sharing his “side of the story” and suggested that Rittenhouse might tailor his testimony to previous videos, testimonies, and media coverage. Defense attorney Mark Richards protested, saying it was Rittenhouse’s right to remain silent and that the prosecutor should not comment on that right.

Binger later applied bring a video up from 15 days before the recording where Rittenhouse said of CVS shoplifters: “I wish I had my AR, I would fire some shots at them.”

Who is who:Here is the judge, lawyers and key witnesses to be seen in the Kyle Rittenhouse trial

Binger had previously tried to introduce it as evidence, but Schroeder said he was inclined not to allow it. After Schroeder sent the jury out of the courtroom, he scolded Binger for taking it up.

“Do not be naughty with me!” Schroeder shouted as he told Binger not to proceed with the interrogation. At a later date, Binger apologized, saying he had brought it up in “good faith,” believing Schroeder’s decision had left the door open for it to be introduced if the evidence led to it. Schroeder replied, “I do not believe you.”

Rittenhouse is also charged with reckless endangerment and possession of a firearm as a minor. An indictment for violating the curfew was dismissed Tuesday.