Kenosha Protest Shooting Trial: Daily Trial Highlights

Posted at 12:16 PM, November 2, 2021 and last updated 11:44 AM, November 23, 2021

KENOSHA, Wis. (Court TV) — Kyle Rittenhouse is accused of killing two men and seriously injuring a third during a night of violent social justice protests in Kenosha, Wisconsin, on August 25, 2020.

DAY 14 – 11/19/21

DAY 13 – 11/18/21

  • Jurors deliberated for a third straight day without reaching a verdict. There were no notes from the panel of 7 women and 5 men except when they indicated their desire to break for the night
  • They deliberated for about 7 hours for a total of approximately 23 hours over three days
  • When the judge asked the jurors if they had any questions before retiring — a female juror in the back row asked if she could take the jury instructions home. The judge agreed with the admonition that she not discuss the case with anyone
  • Earlier in the day, Judge Schroeder banned MSNBC from the courthouse after James Morrison, a freelance producer was arrested for running a red light while following the jury from the courthouse. The judge said the jurors are being transported every day in a “sealed bus” with blackened windows to prevent them from seeing protester signage
  • WATCH: 11/18/21 MSNBC Barred From Rittenhouse Courthouse
    • Judge Schroeder said he considers the incident a “serious matter” and noted the investigation is ongoing
    • A spokesperson for NBC said in a statement, “Last night, a freelancer received a traffic citation. While the traffic violation took place near the jury van, the freelancer never contacted or intended to contact the jurors during deliberations, and never photographed or intended to photograph them
  • WATCH: 11/18/21 Rittenhouse Jury Deliberates for 3rd Day

DAY 12 – 11/17/21

  • Jurors deliberated for 7.5 hours without reaching a verdict
  • The jury sent three notes over the course of the day, including one that set off another motion for a mistrial centered around the drone video they requested in their last note of the day – the fifth note since deliberations started
  • In addition to the drone video, the jury requested:
    • Gaige Grosskreutz’s streaming video
    • Two videos in connection to his and Huber’s shooting
    • Defense exhibit of the FBI aerials with the 4 colored circles
    • Slowed down and normal speed version of Incident 1  – (The State interpreted this request to mean they wanted to see a series of 6 videos slowed down and at normal speed of the start of Rosenbaum’s chase, the Chase, and the shooting itself)
  • WATCH: 11/17/21 Tense Day in Kenosha on Day 2 of Jury Deliberations

DAY 11 – 11/16/21

  • Jurors deliberated for approximately 8.5 hours without reaching a verdict
  • About an hour and half into their deliberations, the panel composed of 7 women and 5 men were provided with 11 copies of pages 1-6 of the jury instructions at their request
  • At about 4pm ET, the jury asked for pages 7-36 and were given 11 copies of those instructions
  • Judge Schroeder had the jurors assemble in the courtroom before dismissing them for the evening
  • The 6 alternate jurors, 3 men and 3 women, were selected by the defendant from a tumbler or raffle box. They were instructed not to discuss the case and had to wait in another room while the jury deliberated
  • Before dismissing the alternates for the evening the judge said they would be permitted to bring laptops or other devices to help them pass the time. He also offered to share — for their entertainment — the “thousands of Jeopardy questions” he keeps at the bench
  • Among the notables who made appearances in the courtroom: Susan Hughes, Anthony Huber’s Great Aunt, Hannah Gittings, Huber’s girlfriend, and Kariann Swart, Joseph Rosenbaum’s fiancée

DAY 10 – 11/15/21

  • WATCH: 11/15/21 Kenosha Protest Shooting: Closing Arguments Full Breakdown
  • Thomas Binger closes for the State – 1 hour and 46 minutes
    • Binger demonstrates how Rittenhouse raised his gun and pointed it at the Ziminskis provoking Rosenbaum into the fatal chase
    • Argues Rittenhouse can’t use self-defense when he initiated the confrontation
    • Argues Rittenhouse shot an unarmed man who was not close enough to get to his gun
    • Argues Rittenhouse fired the kill shot when Rosenbaum was already wounded and helpless
    • Binger claims Rosenbaum never threatened the defendant
    • Argues the crowd (Anthony Huber, Jump Kick Man, and Gaige Grosskreutz) had every right to stop Rittenhouse because they thought he was an active shooter
    • WATCH: 11/15/21 Kenosha Protest Shooting: Prosecution Closing Argument PT1
  • Mark Richards closes for the defense –  2 hours and 6 minutes
    • Richards says his client was in fear for his life when JR ambushed him and chased him into the parking lot
    • Argues the kill shot occurred when JR was lunging for his client and his hand was on the barrel of the gun
    • Richards says Rosenbaum was hellbent on wreaking havoc and threatened to kill his client
    • Argues Rosenbaum was dangerous and had not been properly medicated or the State would have called someone from the hospital to testify to it
    • Argues the other men, Anthony Huber, Jump Kick Man, and Gaige Grosskreutz were rioters who attacked his client
    • Argues the law does not require his client to take a beating before he is able to defend himself
    • Tells the jury that his client didn’t need to testify because the videos told his story but he wanted to testify
    • WATCH: 11/15/21 Kenosha Protest Shooting: Defense Delivers Closing Argument
  • Rebuttal argument by James Krause  – approx. 1 hour
    • Kraus argues Rittenhouse concocted the story about Rosenbaum grabbing his gun to justify the shooting
    • Argues Huber is a hero and that he was part of the crowd convinced that Rittenhouse was an active shooter that needed to be stopped
    • Accuses Rittenhouse of bringing a gun to a fistfight
    • Claims that getting into a scuffle or a fight does not justify shooting someone
    • Claims Rittenhouse was never at risk of losing his gun because it was strapped to his body
    • WATCH: 11/15/21 Kenosha Protest Shooting: Prosecution Delivers Rebuttal Closings

DAY 9 – 11/12/21

  • Attorneys hash out the final instructions to aid in their deliberations
  • The State wins the hotly contested fight for the provocation instruction – the jury will consider whether the defendant provoked Rosenbaum into the chase when he allegedly pointed the gun at the Ziminiskis
  • The judge queries Rittenhouse over whether he approves of the lesser included charges that the jury will consider –increasing his chances at getting convicted.
  • Mark Richards says his client has PTSD
  • WATCH: 11/12/21 Kenosha Protest Shooting: Closing Arguments Begin Monday

DAY 8 – 11/11/21

DAY 7 – 11/10/21

DAY 6 – 11/9/21

DAY 5 – 11/8/21

  • Surviving shooting victim Gaige Grosskreutz testifies about his confrontation with Rittenhouse
  • On cross, Grosskruetz concedes he pointed his gun at the defendant before he shot him in the arm
  • Pictures and video of the shooting aftermath
  • Lead investigator testifies about acquiring new video that purports to show the defendant being the initial aggressor in a confrontation that sparks the chase by Rosenbaum

DAY 4 – 11/5/21

  • Volunteer Guard Jason Lackowski testifies that Joseph Rosenbaum was belligerent but not a threat
  • Jury will not hear about Huber’s heroism because the judge would permit the defense to bring up his criminal past
  • Owners of the car lot destroyed by vandal/protesters disavow defendant and company
  • Rosenbaum’s fiancé testifies that on the night he was killed he had been released from the hospital and was being treated for bi-polar disorder
  • Officer testifies he waved KR away when he tried to surrender because he feared for his safety

DAY 3 – 11/4/21

  • Juror #7 is dismissed for telling a tasteless joke
  • Eyewitness Richard McGinniss testifies he saw Joseph Rosenbaum lunge for the barrel of the defendant’s gun
  • McGinniss says he never saw Rosenbaum turn and get shot in the back
  • Prosecution witness Ryan Balch testifies that Joseph Rosenbaum acted aggressively and threatened to kill him and the defendant

DAY 2 – 11/3/21

DAY 1 – 11/2/21

  • Both the prosecution and the defense moved swiftly through opening statements. Assistant District Attorney Thomas Binger spent less than 40 minutes laying out his arguments to the jury. He repeatedly pointed out that despite chaos and hundreds of people being involved in protests, the defendant was the only person who shot or killed, adding that Joshua Rosenbaum was shot in the back apparently fleeing for his life
  • Defense Attorney Mark Richards also efficiently delivered opening statements for the defense, but not before arguing motions for some 25 minutes to admit video and photographic images which became the bedrock of his presentation. Binger fought hard to keep the evidence out of the opening statements, arguing that opening statements are supposed to be a summary of the evidence, not the evidence itself. Nevertheless, Judge Shroeder allowed the more than forty elements in
  • The first witness was Dominic Black, a friend of Rittenhouse who had dated his sister. Black testified that he bought Kyle an AR 15 under his own name using Kyle’s money since Kyle was underage, then stored the gun at his own home. He testified that Kyle took the gun from his family’s home on the day in question. He admitted on cross-examination that he is testifying in the hopes that the prosecution won’t get him sent to prison
  • The second witness for the state was FBI agent Brandon Crayman, whose testimony was rife with issues. Ultimately, the judge ruled to set the witness aside and move on to another witness until the attorneys could resolve the issues between themselves
  • The final witness of the day was Koerri Washington, a social media influencer who livestreamed and documented the events on the evening of Tuesday, August 25, 2020

For the latest news and trial updates on WI v. Kyle Rittenhouse, visit www.courttv.com/rittenhouse

MORE NEWS