Crime: EXPLAINER: Could jury weigh lesser charges for Rittenhouse?

Rittenhouse trial: Someone else fired into the air first

  Rittenhouse trial: Someone else fired into the air first KENOSHA, Wis. (AP) — Two and a half seconds before Kyle Rittenhouse began shooting in the streets of Kenosha, someone in the crowd fired a shot into the air, a detective testified at Rittenhouse's murder trial Thursday. The defense has said that that shot made Rittenhouse think he was under attack. Rittenhouse, 18, is charged with shooting three men, two of them fatally, starting with Joseph Rosenbaum, in the summer of 2020. The aspiring police officer, then 17, had gone to Kenosha with a rifle and a medical kit in what he said was an effort to safeguard property from damaging riots that broke out over the police shooting of a Black man.

MADISON, Wis. (AP) — Prosecutors in Kyle Rittenhouse's murder trial could ask the jury to consider lesser charges when it gets the case, a move that could secure a conviction for some crime but take a possible life sentence off the table.

Kyle Rittenhouse walks through the gallery of the courtroom and back to his table after a break in his trial at the Kenosha County Courthouse in Kenosha, Wis., on Thursday, Nov. 11, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year.  (Sean Krajacic/The Kenosha News via AP, Pool) © Provided by Associated Press Kyle Rittenhouse walks through the gallery of the courtroom and back to his table after a break in his trial at the Kenosha County Courthouse in Kenosha, Wis., on Thursday, Nov. 11, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (Sean Krajacic/The Kenosha News via AP, Pool) Assistant District Attorney Thomas Binger, left, defense attorney Mark Richards and Kyle Rittenhouse look at drone video evidence on a monitor in front of the jury during Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Wednesday, Nov. 10, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (Mark Hertzberg /Pool Photo via AP) © Provided by Associated Press Assistant District Attorney Thomas Binger, left, defense attorney Mark Richards and Kyle Rittenhouse look at drone video evidence on a monitor in front of the jury during Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Wednesday, Nov. 10, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (Mark Hertzberg /Pool Photo via AP)

Kenosha County Assistant District Attorney Thomas Binger has struggled to counter Rittenhouse's self-defense arguments during the Illinois man's trial, raising questions about whether his office overcharged Rittenhouse. Daniel Adams, a former Milwaukee County assistant district attorney who isn't involved in the trial, described Binger's case as “incredibly underwhelming.”

EXPLAINER: Rittenhouse attorneys spar over victim depictions

  EXPLAINER: Rittenhouse attorneys spar over victim depictions MADISON, Wis. (AP) — Attorneys spent the first week of Kyle Rittenhouse's murder trial sparring over who provoked whom, with prosecutors portraying the Illinois teenager as the aggressor and the defense working to show that the men he shot had threatened him. The stakes are enormous as jurors weigh whether Rittenhouse fired in self-defense because he legitimately felt threatened or whether he overreacted. “To establish self-defense, the first prong is the defense must show there was going to be interference with Rittenhouse and that Rittenhouse had a belief that could result in great bodily harm,” said former Milwaukee County prosecutor Daniel Adams, who isn't inv

“He's got nothing,” Adams said. “I just don't understand it. What are we doing here? We're all kind of scratching our heads.”

Rittenhouse shot and killed Joseph Rosenbaum and Anthony Huber and wounded Gaige Grosskreutz during an August 2020 protest against police brutality in Kenosha, a city in southeastern Wisconsin that's not far from Rittenhouse's hometown of Antioch, Illinois. Rittenhouse was 17 years old at the time.

Kyle Rittenhouse, front, his attorney, Mark Richards, middle, and Assistant District Attorney Thomas Binger watch an aerial video of the moments where he shot Jospeh Rosenbaum on Aug. 25, 2020, during his trail at the Kenosha County Courthouse in Kenosha, Wis., on Wednesday, Nov. 10, 2021. (Sean Krajacic/The Kenosha News via AP, Pool) © Provided by Associated Press Kyle Rittenhouse, front, his attorney, Mark Richards, middle, and Assistant District Attorney Thomas Binger watch an aerial video of the moments where he shot Jospeh Rosenbaum on Aug. 25, 2020, during his trail at the Kenosha County Courthouse in Kenosha, Wis., on Wednesday, Nov. 10, 2021. (Sean Krajacic/The Kenosha News via AP, Pool)

Binger's office, led by Democratic District Attorney Michael Graveley, charged Rittenhouse with multiple counts less than 48 hours after the shootings.

EXPLAINER: Does Kyle Rittenhouse need to testify?

  EXPLAINER: Does Kyle Rittenhouse need to testify? MADISON, Wis. (AP) — Defense attorneys typically encourage their clients to testify in self-defense cases. But Kyle Rittenhouse's murder trial is anything but typical and it's still unclear whether the Illinois man will take the stand to explain to jurors what he was thinking when he shot three people during a protest in Wisconsin last year. Rittenhouse's attorney, Mark Richards, told the jury during opening statements last week that they would hear from Rittenhouse himself about how protesters were carrying rocks.

The most serious charges Rittenhouse faces are first-degree intentional homicide, which carries a mandatory life sentence, and attempted first-degree intentional homicide and first-degree reckless homicide, which are both punishable by up to 60 years in prison. He is also charged with first-degree reckless endangerment, which carries a maximum prison term of 12 years and requires prosecutors to show that Rittenhouse put someone in harm's way by showing an utter disregard for life.

John Black, a use-of-force expert, left, works on relabeling video with help from Mark Richards, an attorney for Kyle Rittenhouse, during a break at the Kenosha County Courthouse in Kenosha, Wis., on Thursday, Nov. 11, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year.  (Sean Krajacic/The Kenosha News via AP, Pool) © Provided by Associated Press John Black, a use-of-force expert, left, works on relabeling video with help from Mark Richards, an attorney for Kyle Rittenhouse, during a break at the Kenosha County Courthouse in Kenosha, Wis., on Thursday, Nov. 11, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (Sean Krajacic/The Kenosha News via AP, Pool)

Rittenhouse testified that he fired in self-defense after the three men attacked him. If jurors find that he sincerely believed his life was in danger when he pulled the trigger and any reasonable person in his situation needed to use deadly force, they must acquit him of the most serious charges.

EXPLAINER: Did Rittenhouse lawyers do enough to prevail?

  EXPLAINER: Did Rittenhouse lawyers do enough to prevail? KENOSHA, Wisconsin (AP) — When Kyle Rittenhouse took the stand to testify about his actions the night he shot three men on the streets of Kenosha — sobbing and seemingly unable to continue as he approached the critical moment where he shot the first man — it was one of the most compelling moments in his two-week murder trial. It might have been the most effective part of his three-day defense, too, potentially swaying any jurors inclined toward sympathy for the 18-year-old who has claimed self-defense in the shootings that left two of the men dead.

One lesser charge Rittenhouse already faces is possession of a dangerous weapon by a person under 18, which is punishable by up to nine months in prison. Prosecutors took pains to establish evidence for the charge, which was part of their argument that Rittenhouse wasn't legally allowed to have the gun and inserted himself in a situation where he didn't belong and wasn't qualified to be.

Binger spent the first seven days of Rittenhouse's trial trying to portray him as a wide-eyed, inexperienced kid who shouldn't have been on the streets that night and who overreacted when he fired.

But multiple witnesses have described Rosenbaum as angry and out of control that night, saying they heard him threaten to kill Rittenhouse if he got him alone and challenging other armed people at the protest to shoot him. Video shows Rosenbaum chasing Rittenhouse across a parking lot before Rittenhouse shoots him.

Bystander video of Huber running up to Rittenhouse and hitting him in the head with a skateboard as he apparently reaches for Rittenhouse's gun has also hurt Binger's case.

Jury to begin deliberations at Kyle Rittenhouse murder trial

  Jury to begin deliberations at Kyle Rittenhouse murder trial KENOSHA, Wis. (AP) — Jurors will begin deliberations Tuesday at Kyle Rittenhouse's murder trial after two weeks of testimony in which prosecutors and defense attorneys painted starkly different pictures of his actions the night he shot three men on the streets of Kenosha. Prosecutors claimed in closing arguments Monday that Rittenhouse was a “wannabe soldier” who provoked bloodshed by bringing a semi-automatic rifle to a protest and menacing others, then walking off like a “hero in a Western” after killing two men and wounding a third. © Provided by Associated Press A lone protester stands outside the Kenosha County Courthouse, late Monday, Nov.

Binger called Grosskreutz to the stand on Monday. Grosskreutz testified he thought Rittenhouse was going to kill him, but on cross-examination he acknowledged that he ran up close to Rittenhouse and pointed a pistol at him a split-second after Rittenhouse shot Huber.

“That's a pretty clear case of self-defense,” said Paul Bucher, a former Waukesha County district attorney who isn't involved in the case. “When he has a handgun (and) was in the process of pointing it, that would give me great pause as to whether I'd even charge that.”

Rittenhouse testified Wednesday that Rosenbaum threatened to kill him twice, that Huber hit him with the skateboard twice before he shot him, and that Grosskreutz pointed his pistol at him after first raising his hands in a “surrender” gesture.

Rittenhouse said he did what he had to do to protect himself. He cried as he began to describe how Rosenbaum chased him down.

Prosecutors or defense attorneys would have to ask Judge Bruce Schroeder to inform jurors as they begin deliberations that they could consider finding Rittenhouse guilty of lesser charges rather than the original counts. The judge would then have to weigh whether the evidence the jury had seen supports those lesser charges before instructing the jury to consider them.

Kyle Rittenhouse trial: Jury still deliberating verdict as judge considers mistrial over drone video

  Kyle Rittenhouse trial: Jury still deliberating verdict as judge considers mistrial over drone video Jurors in the Kyle Rittenhouse trial were to deliberate for a third day while the judge considers a request from the defense for a mistrial. Your browser does not support this video A key piece of evidence in the prosecution's case — a drone video that shows Rittenhouse fatally shooting the first man he fired at on the night of Aug. 25, 2020 — was called into question Wednesday when Rittenhouse's defense lawyers said they received a lower quality version of the clip.

Adams said Binger will “100%” ask Schroeder to include lesser charges in the jury instructions, most likely second-degree versions of the homicide and endangerment counts.

Second-degree homicide charges could apply if jurors determined that Rittenhouse sincerely believed his life was in danger but used an unreasonable amount of force, University of Wisconsin-Madison criminal law professor Cecelia Klingele said. Second-degree reckless endangerment could apply if jurors found that he put someone in harm's way but did so without showing utter disregard for human life, she said.

Second-degree intentional homicide carries a maximum 60 years in prison. The maximum sentence for second-degree attempted intentional homicide is 30 years. Second-degree reckless endangerment, meanwhile, carries a maximum prison term of 10 years.

A life sentence wouldn't be an option if prosecutors sought convictions on lesser charges, but they would give jurors the flexibility to convict him of something, said Adams.

“It gives the jury negotiation room,” he said. “They think something bad happened but they're not convinced the level of force was necessary. And that gives prosecutors two kicks at the cat.”

Bucher said Rittenhouse's team also could ask jurors to consider second-degree versions of the charges in hopes of avoiding a life sentence.

But Binger has already “muddled” the case with multiple charges and asking jurors to consider even more counts risks confusing jurors further, Bucher said.

“As a prosecutor, you charge more counts than necessary because you don't have a strong case,” he said. “You know the old saying, throw as much as you can against the wall and see what sticks. It's confusing for me. Imagine what it's like for the jury. You almost need a statute book to go through all this.”

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Find AP’s full coverage of the Rittenhouse trial at https://apnews.com/hub/kyle-rittenhouse and follow Todd Richmond on Twitter at https://twitter.com/trichmond1.

Opinion: What we can -- and can't -- expect from the Rittenhouse jury .
Intense media coverage pushes a public already sharply divided by political differences to expect a social and political message from the jury's verdict. But the law requires something entirely different: a strict analysis of the facts and law by 12 ordinary citizens insulated from outside pressure. The evidence presented during the trial has put a full menu of political issues front and center, triggering a divisive national debate.

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