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Thread: Kyle Rittenhouse Trial.

  1. #461
    Quote Originally Posted by 5pins View Post
    The gun charge was just dismissed.
    I figured that would be the only one to stick, even if it shouldn't... that's good news.

    Hopefully the jury sees past the BS, and isn't intimidated by ... outside influences.
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  2. #462
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    What do I know. The risk for Kyle, in my nonlegal opinion, is that there will be a long deliberation and a guilty on something just to go home. Having some felony and prison ruins his life (more than now) and that would be seen as a win.

    His hope is that at least two strong not guilty on all charges proponents who can cut through the lesser charge ploy, speak early on and make it clear that no guilty will be found on anything. If they start to bargain, he is screwed.

    Just my view, worth what you paid for it.

    In all the instructions, so far - reasonable doubt is mentioned. I would play that reasonable doubt is there in all actions and trying to parse variants of the that on each charge is stupid. The doubt finds him not guilty on all charges.

    Jeffery Toobin, of stroking fame, said on CNN that these are the worst set of instructions that he ever heard.
    Last edited by Glenn E. Meyer; 11-15-2021 at 11:46 AM.
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  3. #463
    banana republican blues's Avatar
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    Quote Originally Posted by 5pins View Post
    It should have never been a charge in the first place and the prosecution knew it. The law has to do with short barreled rifles and shotguns. When the judge said "let's measure it", and the prosecution admitted the it was not an SBR and it was dismissed. On Friday the prosecution was saying it was the defense job to prove it was not an SBR even though the prosecution knew it wasn't.

    Total bullshit!
    If that's true...that is prosecutorial misconduct, imho, and should be dealt with harshly. I'll defer to @vcdgrips as I've no particular experience in such proceedings outside of my own cases.
    There's nothing civil about this war.
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  4. #464
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    Quote Originally Posted by blues View Post
    If that's true...that is prosecutorial misconduct, imho, and should be dealt with harshly. I'll defer to @vcdgrips as I've no particular experience in such proceedings outside of my own cases.
    Since the rifle provision is an exception to the general prohibition on minors possessing dangerous weapons, the prosecution likely was trying to say that the exception was effectively an affirmative defense. That would at least put the burden of production on the defense, but I'm not familiar enough with how Wisconsin law generally treats exceptions in statutes.
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  5. #465
    Quote Originally Posted by blues View Post
    If that's true...that is prosecutorial misconduct, imho, and should be dealt with harshly. I'll defer to @vcdgrips as I've no particular experience in such proceedings outside of my own cases.
    It's definitely not the first instance of misconduct. The prosecution was arguing earlier in the case that because Kyle 'didn't speak up' (in the court of public opinion) then the jury should infer that this is an admission of guilt. He argued plainly and clearly that 'silence equates to guilt'...

    Which of course violates the most basic of principles of our legal system.
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  6. #466
    banana republican blues's Avatar
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    Quote Originally Posted by alamo5000 View Post
    It's definitely not the first instance of misconduct. The prosecution was arguing earlier in the case that because Kyle 'didn't speak up' (in the court of public opinion) then the jury should infer that this is an admission of guilt. He argued plainly and clearly that 'silence equates to guilt'...

    Which of course violates the most basic of principles of our legal system.
    Yep. We've already discussed that boneheaded maneuver earlier in this lengthy thread...as I recall.
    Last edited by blues; 11-15-2021 at 02:02 PM.
    There's nothing civil about this war.
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  7. #467
    In other news, Gaige Grosskreutz tries to remain relevant, basically admits guilt.

    https://www.cnn.com/videos/us/2021/1...-ac360-vpx.cnn

    It's almost like he's trying to make Kyle Rittenhouse look good.


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  8. #468
    Quote Originally Posted by Glenn E. Meyer View Post
    If one brought it up in the jury room, the other jurors are mandated to report that?
    FWIW, in my juror experience we were (duh!) told to avoid news coverage, not to do any research on our own, not to discuss with anyone not a juror, and not even with fellow jurors until deliberations started. My wife took scissors to the newspaper as needed before I got to read it.

    We weren't given any mandated reporting requirement.
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  9. #469
    Site Supporter 0ddl0t's Avatar
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    Why would the judge dismiss the gun charge now and not before the trial began?
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  10. #470
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    Quote Originally Posted by whomever View Post
    FWIW, in my juror experience we were (duh!) told to avoid news coverage, not to do any research on our own, not to discuss with anyone not a juror, and not even with fellow jurors until deliberations started. My wife took scissors to the newspaper as needed before I got to read it.

    We weren't given any mandated reporting requirement.
    Same for me (although without the newspapers ) on a 5-day, felony, jury trial a few years ago.
    "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776
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