State of Wisconsin vs. Kyle Howard Rittenhouse

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State of Wisconsin vs. Kyle Howard Rittenhouse

#326

Post by Volkonski »

KXII News 12
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A California attorney for an Illinois 17-year-old accused of fatally shooting two people and wounding a third in Wisconsin is extracting himself from his criminal defense after prosecutors raised ethical concerns about the lawyer

https://www.kxii.com/2020/12/04/califor ... inal-case/
A California attorney for an Illinois 17-year-old accused of fatally shooting two people and wounding a third during a night of unrest in Wisconsin is extracting himself from his criminal defense after prosecutors raised ethical concerns about the lawyer.

Los Angeles civil lawyer John Pierce has been at the forefront of the case of Kyle Rittenhouse, who is accused in the shootings during protests in Kenosha this summer. Pierce has also worked to help secure the $2 million bail for Rittenhouse, who was bound over Thursday for trial.

Kenosha County Assistant District Attorney Thomas Binger cited public records and news reports in his motion alleging that Pierce has “significant personal financial difficulties” and should not be allowed to represent Rittenhouse because “money that should be held in trust for the defendant may instead be used to repay attorney Pierce’s numerous creditors.”

Shortly after the motion was filed Thursday, Pierce tweeted that he would take over all civil matters for Rittenhouse and would continue to raise funds for his defense. He said that Wisconsin attorney Mark Richards will handle the criminal case.


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State of Wisconsin vs. Kyle Howard Rittenhouse

#327

Post by RTH10260 »

Kenosha shooting suspect Kyle Rittenhouse ordered to stand trial after effort to dismiss charges fails

By Mark Guarino
Dec. 4, 2020 at 1:19 a.m. GMT+1

Kyle Rittenhouse, the Illinois teenager charged with fatally shooting two people during a summer protest in Kenosha, Wis., is to stand trial following a court’s rejection Thursday of a motion to dismiss two charges against him.

Rittenhouse appeared by video link with an attorney during an hour-long preliminary hearing Thursday, which previewed his self-defense case against charges including homicide and attempted homicide.

Rittenhouse’s legal team had filed motions to dismiss the charge of possession of a deadly weapon by a minor and one of two charges of reckless endangerment. Kenosha County Court Commissioner Loren Keating ruled that both charges would stand.

Rittenhouse’s arraignment is scheduled for Jan. 5.

The 17-year-old, who has become a cause celebre of the far right, was released from jail Nov. 20 after posting a $2 million cash bail, an amount raised primarily by conservative figures and groups. He is in an undisclosed location with his family. Some supporters calling to “free Kyle” stood outside the Kenosha County courthouse during the hearing, according to local news reporters.

During the hearing Thursday, defense attorney Mark Richards sought to show that his client had fired his weapon in self-defense, presenting multiple video stills and photographs of people who he said had posed a threat to Rittenhouse during the Aug. 25 protest where the shootings occurred. One photo showed a person Richards called “jump-kick man,” who the lawyer said had knocked Rittenhouse to the ground after a foot chase following the first shooting. The man has not been identified. Another showed Anthony Huber, 26, approaching the teenager while holding a skateboard.

Kenosha: How two men’s paths crossed in an encounter that has divided the nation

Rittenhouse opened fire that night, killing Huber and Joseph Rosenbaum, 36, and injuring Gaige Grosskreutz, 26.



https://www.washingtonpost.com/national ... story.html


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State of Wisconsin vs. Kyle Howard Rittenhouse

#328

Post by tencats »

Kyle Rittenhouse lawyer seeking new money, promising lawsuits
https://www.jsonline.com/story/news/loc ... 478246002/
2020/12/10 | https://www.jsonline.com/story/news/loc ... 478246002/
Kyle Rittenhouse's original lawyer says he is no longer part of his criminal defense team, but he is still trying to raise money for his client through a brand new website, and planning a different kind of defense.

John Pierce told the host of a show on Newsmax TV that he's preparing "probably the most significant case of defamation in the history of the country," against defendants like President-elect Joe Biden, Facebook, CNN and U.S. Rep. Alexandria Ocasio-Cortez. Newsmax is a conservative news site that backs President Donald Trump's false claims of election fraud.

By Monday, Pierce had expanded that list to "thousands" of suits, and even actor Mark Ruffalo is in his Twitter cross-hairs.




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State of Wisconsin vs. Kyle Howard Rittenhouse

#329

Post by Gregg »

Gee, John, what color is the sky on your world?


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State of Wisconsin vs. Kyle Howard Rittenhouse

#330

Post by Foggy »

Hulk SMASH. :boxing:


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State of Wisconsin vs. Kyle Howard Rittenhouse

#331

Post by neonzx »

Foggy wrote: Thu Dec 17, 2020 8:03 am Hulk SMASH. :boxing:
I think if he's having to primarily litigate on social media, he might be doing the lawyering thing wrong? :think:


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State of Wisconsin vs. Kyle Howard Rittenhouse

#332

Post by Gregg »

IANAL but wouldn't the propr response right now be "No comment"?


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State of Wisconsin vs. Kyle Howard Rittenhouse

#333

Post by DejaMoo »

John Pierce told the host of a show on Newsmax TV that he's preparing "probably the most significant case of defamation in the history of the country," against defendants like President-elect Joe Biden, Facebook, CNN and U.S. Rep. Alexandria Ocasio-Cortez. Newsmax is a conservative news site that backs President Donald Trump's false claims of election fraud.
From the people who brought you tort reform, claiming that too many people were abusing the legal system with frivolous lawsuits.


I've heard this bull before.
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State of Wisconsin vs. Kyle Howard Rittenhouse

#334

Post by neeneko »

DejaMoo wrote: Fri Dec 18, 2020 8:56 am From the people who brought you tort reform, claiming that too many people were abusing the legal system with frivolous lawsuits.
Ah, but those people abusing the system were filing ADA, medical, non-christian religious rights, or environmental lawsuits... which are clearly frivolous.. but now the feelings of conservatives are on the line and everyone knows those are the most important issues !


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State of Wisconsin vs. Kyle Howard Rittenhouse

#335

Post by Dave at Sea »

Motion to change Rittenhouse's bond agreement after allegedly flashing white-power signs at bar

https://www.tmj4.com/news/local-news/ky ... ssion=true

KENOSHA — Kenosha County prosecutors are attempting to modify Kyle Rittenhouse's bond agreement after they say the 18-year-old flashed white-power signs while posing for photos, drank several beers and was 'loudly serenaded' with the Proud Boys' official song at a Mount Pleasant bar.

Rittenhouse, who is charged with shooting and killing two people and injuring a third during protests and unrest in Kenosha last summer, was released from Kenosha County Jail on a $2 million bond. That bond agreement, in its current state, does not restrict Rittenhouse from entering a bar or drinking alcohol - as those underage are allowed to do in the company of parents in Wisconsin - nor does it stop him from fraternizing with known members of white supremacist groups.

In a motion to modify Rittenhouse's bond Wednesday, the Kenosha County District Attorney's Office details Rittenhouse's Jan. 5 visit to Pudgy’s Pub with his mother. Rittenhouse stopped at the Mount Pleasant tavern shortly after pleading not guilty to homicide charges in connection to the Kenosha shooting. Rittenhouse's attorneys argue he fired his rifle in self-defense.


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State of Wisconsin vs. Kyle Howard Rittenhouse

#336

Post by scirreeve »

Asshole - I don't see that on the docket yet but takes time sometimes.


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State of Wisconsin vs. Kyle Howard Rittenhouse

#337

Post by fierceredpanda »

It's up.
01-13-2021 Motion Additional text: to Modify Bond Conditions

01-13-2021 Affidavit Additional text: of ADA Thomas Binger and exhibit attachments


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State of Wisconsin vs. Kyle Howard Rittenhouse

#338

Post by pipistrelle »

Looks like a nice place.

https://www.wisn.com/article/rittenhous ... s/35167871

Did his mommy take him?

What’s the other flag on the building?


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State of Wisconsin vs. Kyle Howard Rittenhouse

#339

Post by Whatever4 »

Proud Boys have an official song? :shock:


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State of Wisconsin vs. Kyle Howard Rittenhouse

#340

Post by Wanderinglord »

Whatever4 wrote: Thu Jan 14, 2021 7:36 am Proud Boys have an official song? :shock:
Macho man?


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State of Wisconsin vs. Kyle Howard Rittenhouse

#341

Post by fierceredpanda »

pipistrelle wrote: Thu Jan 14, 2021 7:32 am What’s the other flag on the building?
The blue flag is flag of the State of Wisconsin.


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State of Wisconsin vs. Kyle Howard Rittenhouse

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Post by Bill_G »

Whatever4 wrote: Thu Jan 14, 2021 7:36 am Proud Boys have an official song? :shock:


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State of Wisconsin vs. Kyle Howard Rittenhouse

#343

Post by pipistrelle »

fierceredpanda wrote: Thu Jan 14, 2021 7:45 am
pipistrelle wrote: Thu Jan 14, 2021 7:32 am What’s the other flag on the building?
The blue flag is flag of the State of Wisconsin.
Thanks. I couldn’t see it well enough. Thought it was You-know-what flag. A few biker bars I know of are big supporters.


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State of Wisconsin vs. Kyle Howard Rittenhouse

#344

Post by fierceredpanda »

I should also mention that if Rittenhouse wants to keep providing collateral evidence that he was motivated by racial animus rather than a legitimate desire to defend the lives and property of others, I say "pray proceed, young man."


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Post by Bill_G »

IOW, here's all the rope you need to hang yourself.


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State of Wisconsin vs. Kyle Howard Rittenhouse

#346

Post by noblepa »

fierceredpanda wrote: Thu Jan 14, 2021 8:15 am I should also mention that if Rittenhouse wants to keep providing collateral evidence that he was motivated by racial animus rather than a legitimate desire to defend the lives and property of others, I say "pray proceed, young man."
Are such actions admissible in his trial, to show a pattern of racism? It certainly has nothing directly to do with the crimes he is charged with, but can it be used to rebut his claim that his motivation was not racist, but purely fear for his life?

Also, when claiming self-defense, don't you have to show that your fears were reasonable and justified in the circumstances? Just being afraid of scary black people is, I don't think, sufficient.


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State of Wisconsin vs. Kyle Howard Rittenhouse

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Post by neonzx »

Wisconsin permits parents to bring under-21 year old children into bars AND give them alcohol.
Wisconsin has open-carry of guns.

What could go wrong? :brickwallsmall:

As screwy as Florida may be, we don't permit either of those two things. Plus we have a bonus of no snow.

In Florida, a standard condition of pre-trial release on bail/bond is no alcohol or drugs (regardless of what the original charge(s) involved).


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State of Wisconsin vs. Kyle Howard Rittenhouse

#348

Post by fierceredpanda »

neonzx wrote: Thu Jan 14, 2021 9:27 am Wisconsin permits parents to bring under-21 year old children into bars AND give them alcohol.
Wisconsin has open-carry of guns.

What could go wrong? :brickwallsmall:

As screwy as Florida may be, we don't permit either of those two things. Plus we have a bonus of no snow.
It's what you get in a state where hunting is practically a religious sacrament and the most powerful political lobby is the Tavern League.

Turning to noblepa's question: Ordinarily such things would not be within the realm of admissible evidence, but Rittenhouse is going to be arguing self-defense/defense of others/defense of property/prevention of felony. (Yeah, Wisconsin has a weird "prevention of felony" defense that hardly ever gets raised, but I suspect Rittenhouse's defense will try it.) Those defenses are highly dependent on his state of mind at the time and whether his actions were objectively reasonable. And remember: "Objectively reasonable" means for a reasonable person of ordinary prudence. "Objectively reasonable for a white nationalist" might mean something very different. People have tried that defense before - "I'm just so scared of black people, it's not my fault." It doesn't work.

If I were the prosecutor, the argument I would make at the other-acts motion hearing to bring this in would be something like this: The defendant is arguing that his actions were reasonable at the time to protect others, their property, or prevent a felony from being committed. To fully analyze whether his mindset when he pulled the trigger was reasonable, the finder of fact needs to understand the context for his thinking. Was this person just trying to protect the community out of sheer altruism, or was there some other motive in his heart? Was his decision to use deadly force purely motivated by concern for others, or was he a bigot looking for any opportunity he could to lash out? Those are fact questions that go straight to his reasonableness or lack thereof, which means the jury gets to decide them. As such, they are entitled to relevant evidence that contradicts his "good Samaritan" narrative.

The defense's argument is going to be that letting this in would be more prejudicial than it is probative, because the evidence could have the effect of inflaming the jury. Again, if there weren't an affirmative defense being raised that made his thinking relevant, this evidence should never come it. For instance, in a murder where the defendant is arguing that they didn't kill the victim at all, it would be a lot closer call, and a court would be very concerned about the State wanting to smear the defendant as a bigot in order to fit him for a black hat and make it easier for the jury to convict. But Rittenhouse doesn't have that option. He has to raise the affirmative defenses, all of which are dependent on what was in his mind when he pulled the trigger.

I think the State's argument is more persuasive. Moreover, I think the State would be remiss in its duty to aggressively prosecute the case if they didn't at least try to bring this in.


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State of Wisconsin vs. Kyle Howard Rittenhouse

#349

Post by neonzx »

fierceredpanda wrote: Thu Jan 14, 2021 9:52 am
neonzx wrote: Thu Jan 14, 2021 9:27 am Wisconsin permits parents to bring under-21 year old children into bars AND give them alcohol.
Wisconsin has open-carry of guns.

What could go wrong? :brickwallsmall:

As screwy as Florida may be, we don't permit either of those two things. Plus we have a bonus of no snow.
It's what you get in a state where hunting is practically a religious sacrament and the most powerful political lobby is the Tavern League.
I've lived in several states where hunting is a big thing. No open-carry in the cities (if open-carry in the cities, just what exactly are they hunting?)

And encouraging under-age drinking at a BAR-bar.. that's drinking, not having a (as in 1) glass of wine over dinner where you might allow it for teenage children.

Can I just forget all of this and recall the good ole days when I knew Wisconsin for dairy and cheese, the awesome Packers, and shitty beer from Milwaukee? (+h/t Laverne and Shirley)


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State of Wisconsin vs. Kyle Howard Rittenhouse

#350

Post by spiduh »

pipistrelle wrote: Thu Jan 14, 2021 7:32 am Looks like a nice place.

https://www.wisn.com/article/rittenhous ... s/35167871

Did his mommy take him?

What’s the other flag on the building?
Actually, yes, his mommy took him.
Yahoo wrote: After posting $2 million bail in November, Rittenhouse, 18, was seen drinking at a bar in Wisconsin, where it is legal to drink in the company of one's parents. That, authorities said, was not a crime.

But Kenosha County prosecutors on Wednesday said Rittenhouse - charged with killing two people at a Black Lives Matter protest in Kenosha last August - wasn't just there with his mom but with members of the Proud Boys, a far-right extremist group that has engaged in street violence against anti-racist activists, the Milwaukee television station TMJ4 reported.

Footage taken from security cameras at Pudgy's Bar also appears to show Rittenhouse flashing the "OK" hand sign favored by white supremacists.

That, also, is not a violation of Rittenhouse's bail conditions. But the prosecutors argue it should be.
https://news.yahoo.com/prosecutors-look ... 48750.html


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