KENOSHA, Wis. – The trial of the Kyle Rittenhouse murder took an emotional and heated turn on Wednesday, when Rittenhouse cried in the stands, the judge insulted prosecutor Thomas Binger, and the defense asked for a trial.
Rittenhouse testified Wednesday that a man he is accused of having murdered threatened to kill him on a night of violent protests in Kenosha last year after police shot at Jacob Blake.
Rittenhouse, 18, collapsed when he described the events of August 25, 2020, which led to him being shot dead by Joseph Rosenbaum, 36. Rittenhouse is also accused of murdering Anthony Huber, 26, and wounding Gaige Grosskreutz, 27.
“I did nothing wrong. I defended myself,” Rittenhouse testified Wednesday.
Rittenhouse was calm to start his testimony, but started crying before the judge asked for a morning break. He returned to conclude questions from his defense attorneys.
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Before the court broke for lunch, Judge Bruce Schroeder reprimanded Binger over his interrogation lines. Rittenhouse’s defense team asked for an error – meaning that Rittenhouse could not be tried again – but Schroeder did not immediately take a position on the proposal.
Rittenhouse and his lawyers said his actions were self-defense as he feared for his life that night. He faces charges of premeditated murder, reckless and attempted murder and could face life in prison if convicted.
Rittenhouse said Rosenbaum shouted, “If I catch any of you alone, I will kill you!” and said, “I will cut out your hearts!”
“I was in shock,” Rittenhouse said.
How it happened:A visual timeline of violence in Kenosha following the police shooting of Jacob Blake
The testimony came a day after the state rested and the defense began its case.
Binger’s cross – examination of Rittenhouse diverted a few serious admonitions from the judge.
The first came when Binger pointed out that after 14 months of news coverage, investigations, comments on social media and a seven-day trial, Rittenhouse now told “your side of the story.”
Defense attorney Mark Richards protested that Binger commented on defendant’s right to remain silent.
Binger said he was trying to show that Rittenhouse had plenty of time and opportunity to tailor his testimony to the evidence already presented.
After the jury was sent out, Judge Bruce Schroeder told Binger he was close to or above the line.
“It’s a serious violation of the Constitution to talk about ‘Rittenhouse’s right to remain silent,’ Schroeder told Binger. “This is not allowed.”
Another conflict arose after Binger questioned Rittenhouse about an incident, recorded on video, about 10 days before the fatal shootings.
Rittenhouse and his friend were sitting in a car watching people leave a CVS store across the street. Rittenhouse apparently believed that the people who left the store had robbed it or were engaged in shoplifting.
Rittenhouse said: “I wish I had my AR, I would shoot some shots at them.”
Months ago, Binger tried to introduce the video as evidence of “other acts,” which he said showed Rittenhouse’s state of mind, his willingness or desire to use lethal force to protect property without full information.
Schroeder said he was strongly inclined not to allow it.
Richards protested immediately when Binger mentioned CVS on Wednesday and the jury was sent out.
Richards asked that Binger be strongly admonished.
Binger apologized for not seeking permission from the judge before bringing up the CVS incident, but said Schroeder’s earlier decision left the door open to raise it during the trial.
“Do not be naughty with me!” Schroeder shouted when he told Binger that he should not continue with the interrogation. “I do not want another problem,” Schroeder added. “Is it clear?”
Defense attorneys argued that Binger knew the introduction of the evidence would be detrimental to Rittenhouse and suggested that he might have deliberately sought a lawsuit so that the case could be tried again.
Schroeder said he would give the state time to respond and again admonished Binger. Binger said he brought the incident up “in good faith.”
“I do not believe you,” replied Schroeder.
In an emotional exchange later in the afternoon, Binger spent more than an hour pushing Rittenhouse on why he had his gun with him and the amount of risk he perceived in the crowd.
The questions were often repeated. Binger focused on Rittenhouse’s reasons to take his AR-15 as he moved through the crowd before the shootings, when Rittenhouse had asked if people needed medical attention and testified that he intended to put out fires. The prosecutor tried to drive home the state’s claim that Rittenhouse created the dangerous situation that led to bloodshed that night.
During the cross-examination, Rittenhouse said he “did not want to shoot” Rosenbaum, the first man to fall that night, but that Rosenbaum was chasing him and had threatened to kill him.
“If I had let Mr. Rosenbaum take my firearm from me, he would have used it and killed me with it,” Rittenhouse said, “and probably killed more people.”
Rittenhouse acknowledged that the strap holding his gun was in place and that he had both hands on the weapon.
After Rittenhouse said Rosenbaum tried to grab his gun, Binger asked, “So whoever has that gun is a threat?”
Rittenhouse did not answer the question. He later said, “I did not want to kill anyone that night.”
Starring: Associated Press
