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Rittenhouse Trial

IANAL, but I've read/watched a half dozen lawyers discussing this case and contrary to Choid (big surprise), Kyle's legal arguments are very strong, in favor of self-defense.

First, @Namekagon, has several posts addressing the charge, "minor with illegal gun," and those posts match what I've been able to discern from the lawyer discussions I've seen:
941.28 is Possession of Short barreled rifle or shotgun
29.304 is Restrictions on hunting and use of firearms by persons under 16 years of age.
29.593 is Requirement for certificate of accomplishment to obtain hunting approval (hunters safety requirement)
939.51 is Classification of misdemeanors (spells out classes and related fines and jail time)


Honestly, I don't see how they can charge him with minor in posession of a rifle when the statue clearly says (paraphrasing..."this doesn't apply to minors carrying rifles or shotguns unless they are violating SBR laws, or hunting age requirements or hunter safety class requirements"

To me, that is purposefully written to allow minors to possess long guns.

The "section" he's charged with is 948.60. part 1 defines terms, part 2 lays out what is a violation, and part 3 clarifies who the section applies to. You cant separate part 1 or 2 from part 3


Its a well known fact that you are allowed to hunt alone in WI without an adult once your are 14 if you have passed hunter safety. Thats all over the DNR website, and other places. But I've also found where the law says its a misdemeanor for a minor to possess a weapon without an adult. Unless I missed a cutout in the law somewhere else if the purpose is for hunting? I am no lawyer.

Honestly, I've lived here my whole life and never heard of a minor not being able to possess a weapon. NO ONE here thinks its not legal for a minor to have a gun. Its an everyday occurrence starting in Oct when duck season opens. I suspect this is one of those catch-all misdemeanors that never gets enforced until the state is looking to crucify someone.

The specific statute they are charging Kyle has a clear exception that he meets, just as @Namekagon mentions. One of the lawyers I read discussing this case, actually practices in WI, stated that the exception is clearly stated to allow youth to carry long rifles (regardless of "actively hunting") and absolves Kyle, and also went so far as to use their caselaw subscription to search WI case history for any time this type of charge has ever been presented in court and could find no case, ever, where a youth had been charged with this, so it has never been presented/argued in court yet, to this date. Also, even if guilty of such a charge, it also does not preclude a self-defense argument for the other charges.

In the case of the first shooting, Kyle tries to retreat from a pursuer (one that if allowed, the defense could show prior video footage of him enraged and unhinged toward someone with a similar shirt as Kyle, demonstrating his mental state at the time as quite threatening), possibly cornered in a lot with a bunch of pipe-wielding rioters, hearing a pistol shot from behind, rapidly confronted by the unhinged Rosenbaum, where a witness already affirmed the assailant tried to grab Kyle's gun (if he gets his hands on it, now Rosenbaum is also armed, BTW...the police asked the witness this specific question about whether he got his hands on it, or just grabbed for it, but the witness is unsure). So, at this point we have a parking lot of angry, pipe-wielding rioters (they were smashing cars with said pipes), and angry assailant grabbing for Kyle's gun, someone presumably shooting at him (videos show the shot, where Kyle then stops his retreat to assess his situation); this reasonably meets the threshold of threat required to employ deadly force for defense.

After the altercation where Kyle was forced to put down the threat, Kyle again retreats, running toward distant law enforcement. Various calls for the mob to, "get him", after some time, Kyle trips, and is immediately attacked with an attempted jump-kick to the head, again a justifiable threat due to mob and extent of attack, fires/misses, again an attempt to defend himself, and the assailant flees. Next is attacked again with a blow to the side of Kyle's head with the edge of a blunt weapon (in the form of a skateboard edge), and also another grab at his rifle, and again a justifiable threat of mob/deadly weapon, but in this case, the assailant clearly got hold of it, and another shot, and the assailant falls away. Then the last altercation, where someone pulls their own sidearm and points it at Kyle's head. Kyle points his rifle back, and in a display of higher discipline I would have managed (I admit I would have fired immediately, probably right as Grosskreutz raised his hands), Kyle recognizes the "surrender" and lowers...only to have been baited, as Grosskreutz immediately tries to take advantage of the reprieve to get the drop on him...but to no avail, as Kyle excises his assailant's bicep with an extremely lucky shot (I'm guessing he just tried to anticipate and further move to the side, and overcompensated the lead).

If I were on the jury, and the defense is able to present all the evidence as I've seen so far in the extensive video, and the explanation of WI law I presumably read from real practicing lawyers, I would vote, "not guilty." However, given the calls for riots/burning in, "50 cities/50 states" already coming out, we might also get an intimidated/fearful jury, caving to the mob, similar to some of the jury admissions after the Chauvin trial.
 
Yeah? What about those names. Whatever you are trying to say, say it in the clear.
nothing at all, except that they are other noted scumbags.
i suppose we could ask these folks from the xiden adminstration?
Secretary of Homeland Security
Attorney General
Director of National Intelligence
Director of Central Intelligence Agency
White House Chief of Staff
Secretary of the Treasury
Secretary of State
Deputy Secretary of State
 
The specific statute they are charging Kyle has a clear exception that he meets, j
Which exemption is it he meets?
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The exception is in (3)(c), as @Namekagon paraphrased, "this doesn't apply to minors carrying rifles or shotguns unless they are violating SBR laws, or hunting age requirements or hunter safety class requirements. The lawyer discussion I saw said the same thing, that if Kyle is not in violation of SBR laws, and is eligible to hunt in WI (meets age/safety class), then he does not violate because 3c clearly states the only requirement for underage carrying a rifle is no SBR, and have the safety class cred. They speculated that since Kyle clearly shoots in WI (from Kyle's rifle background, other circumstantial seen in prior posts/events), and lives on the border, he probably already has those requirements/safety class credentials. If this speculation is wrong, Kyle could be guilty of this charge, but it still does not have any bearing on the self-defense argument for the other charges and will have no detriment to the claim of self-defense.
 
Watching people argue legal framework on the internet is like watching old ladies bicker over who won a game of bingo.

This is the most clear cut case of self defense I've ever seen, it's all on video, full stop AND the people he shot ... two of the three were felons right and the third was skateboard guy? 🤣

If he's found guilty there's truly no point in going to court for anything anymore.
 
Watching people argue legal framework on the internet is like watching old ladies bicker over who won a game of bingo.

This is the most clear cut case of self defense I've ever seen, it's all on video, full stop AND the people he shot ... two of the three were felons right and the third was skateboard guy? 🤣

If he's found guilty there's truly no point in going to court for anything anymore.
It not an argument its a discussion.

Personally, I back Kyle 100% on his actions that night. Even if technically his rifle was, illegal. Its a misdemeanor... who cares.
 
The judge can also nullify the jury’s verdict using judicial prejudice and insert his own verdict……
A judge cannot overturn a not guilty verdict.


Can a Judge overturn a not guilty verdict by a jury and change it to a guilty verdict?​

No. Trial by jury is a constitutional right. If the defendant does not waive the right or agree to be tried only by a judge, he or she has an absolute right to have their guilt or innocence decided by a jury. Following a jury trial, the Government can only appeal an adverse decision if specifically allowed to by statute, or if constitutional limits, such as the prohibition against double jeopardy, do not preclude an appeal. If the jury returns a guilty verdict, and the defendant (convicted person) files a compelling motion for new trial, the Judge can vacate the jury\'s verdict and order a new trial. The Court of Appeals can do the same for the defendant. However, if the Government disagrees with the jury\'s decision, its remedy is limited to appealing any successful defense motion to set aside the jury\'s verdict. While the prosecution also appeal pretrial rulings, such as those pertaining to suppression of evidence or to a ruling dismissing the Indictment prior to trial, absent specific statutory authority, it cannot attack a jury\'s verdict. Once the jury returns a not guilty verdict, it doesn\'t matter what the reasons are. The prosecution is stuck with the verdict. This is considered fair because the burden of proof lies with the prosecution, not the defendant, and because constitutional rights in general exist to protect the citizen accused.
 
A judge cannot overturn a not guilty verdict.


Can a Judge overturn a not guilty verdict by a jury and change it to a guilty verdict?​

No. Trial by jury is a constitutional right. If the defendant does not waive the right or agree to be tried only by a judge, he or she has an absolute right to have their guilt or innocence decided by a jury. Following a jury trial, the Government can only appeal an adverse decision if specifically allowed to by statute, or if constitutional limits, such as the prohibition against double jeopardy, do not preclude an appeal. If the jury returns a guilty verdict, and the defendant (convicted person) files a compelling motion for new trial, the Judge can vacate the jury\'s verdict and order a new trial. The Court of Appeals can do the same for the defendant. However, if the Government disagrees with the jury\'s decision, its remedy is limited to appealing any successful defense motion to set aside the jury\'s verdict. While the prosecution also appeal pretrial rulings, such as those pertaining to suppression of evidence or to a ruling dismissing the Indictment prior to trial, absent specific statutory authority, it cannot attack a jury\'s verdict. Once the jury returns a not guilty verdict, it doesn\'t matter what the reasons are. The prosecution is stuck with the verdict. This is considered fair because the burden of proof lies with the prosecution, not the defendant, and because constitutional rights in general exist to protect the citizen accused.
something tells me he wouldn't want to. i could be wrong.
 
Watching people argue legal framework on the internet is like watching old ladies bicker over who won a game of bingo.

This is the most clear cut case of self defense I've ever seen, it's all on video, full stop AND the people he shot ... two of the three were felons right and the third was skateboard guy? 🤣

If he's found guilty there's truly no point in going to court for anything anymore.

Watching amateurs do it is pretty amusing to me, because I'm an actual lawyer. Although they're doing it quite well actually!

Ultimately all that matters is what the jury is convinced of beyond a reasonable doubt. If it wasn't a factual question, it would have been dismissed with a stroke of the Judge's pen a long time ago, unless Rittenhouse's lawyer is totally incompetent.

If he's found guilty by a fairly and properly empaneled jury, he is guilty.

If you think this is "the most clear cut case of self defense" that you've ever seen, I would suggest you simply haven't seen enough. Rittenhouse is far from innocent, although he may not be criminally liable for this stunt.
 
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And also, who was in the commission of crime when the altercation took place? It wasn’t rittenhouse.

when you are in the middle of commiting a crime, then someone tries to defend themselves, you and all your buddies can’t go try and stop the guy from defending himself while you take a break from committing a crime to go commit another.

sadly this might also be very well true
Oh jeez... it was "only arson". So sayeth the prosecution.
 
Only the jewest of the jew?

That depends on what faction you are with.
Many other factions don't care much for the Ultra-Orthodox types and view them in less than charitable terms.
Just as the Ultra-Orthodox really don't like other factions.
And various geographic origin ethnic types don't always talk good about the others etc.
 
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Watching amateurs do it is pretty amusing to me, because I'm an actual lawyer. Although they're doing it quite well actually!

Ultimately all that matters is what the jury is convinced of beyond a reasonable doubt. If it wasn't a factual question, it would have been dismissed with a stroke of the Judge's pen a long time ago, unless Rittenhouse's lawyer is totally incompetent.

If he's found guilty by a fairly and properly empaneled jury, he is guilty.

If you think this is "the most clear cut case of self defense" that you've ever seen, I would suggest you simply haven't seen enough. Rittenhouse is far from innocent, although he may not be criminally liable for this stunt.
Wow, an ACTUAL lawyer!! 🙄

supernatural-not-funny.gif

Thought I already had you on ignore, I'll fix that right now.
 
somebody i know went to greece to see and meet his family overseas for the first time.
they still castrate sheep with their teeth, and they made him do it (once), lol.
 
Jew hating’ Jews? Weird.
there are real jews, some of them patriots on the forums, and there are liberals of jewish decent that probably aren't god fearing or religious except when claiming to be affords them some protection from criticism. unfortunately, the good ones are outnumbered 3-7.
 
Jew hating’ Jews? Weird.

It's more like Zionists don't have much nice to say about freeloading Ultra Orthodox types that don't want to work or help defend, but want free money to sit around reading.

The Ultra Orthodox have nothing good to say about the Zionists who they view as fascist warmongers (except when they need money or protecting).

The Ashkenazi view the Sephardi as inferior genetically, both view the Beta Israel as inferior

It goes on, much like in America, you'll find most Americans have other Americans they don't like...

jews2.jpg
 
there are real jews, some of them patriots on the forums, and there are liberals of jewish decent that probably aren't god fearing or religious except when claiming to be affords them some protection from criticism. unfortunately, the good ones are outnumbered 3-7.
And there are kenites ( sp ? ) ....those that claim to be Jewish and of Abraham ,but Jesus called them out on it. These fuckers are partly ,I'd say mostly , the ones responsible for the " Jew hate " that is seen .
 
And there are kenites ( sp ? ) ....those that claim to be Jewish and of Abraham ,but Jesus called them out on it. These fuckers are partly ,I'd say mostly , the ones responsible for the " Jew hate " that is seen .
Just to be clear, the ones responsible for "Jew hate" are the people who hate Jews. Just like the ones responsible for "black hate" aren't blacks, but anti-black racists. Hate is internal, don't blame the people upon whom it is projected, no more than you would blame a woman for being raped. Now back to your program...
 
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Just to be clear, the ones responsible for "Jew hate" are the people who hate Jews. Just like the ones responsible for "black hate" aren't blacks, but anti-black racists. Hate is internal, don't blame the people upon whom it is projected, no more than you would blame a woman for being raped. Now back to your program...
i think it is natural for people to look for common denominators when looking for causation.
until the good people like you confront the issue head on instead of deflecting and labeling it as bigotry, nothing is going to change imo.
and i am not the white christian culture being destroyed right now, i am just watching in horror as it happens to others, because i enjoy living in it.
 
One amazing thing in this video is the piece of shit lawyer MSNBC uses for commentary. He says/claims that Kyle Rittenhouse had absolutely no right to self defense unless the victims were firing at him with weapons equal to his weapon. His claim is that clubbing the kid in the skull with a skateboard, setting him on fire, stabbing him, physically assaulting him or attempting to rape him as the pedophile may have been doing are all perfectly fine. Using his logic, the goon who drew the gun was attempting to execute Rittenhouse when Kyle shot him in the arm was not legally shootable because he had not fired first.

Democrats are literally the stupidest fucking people on earth.

 
If they can truly get twelve random people from a random jury pool then I don’t think they will get a conviction.
My concern for Kyle is if the state gets there own hand picked prepackaged jury. If a US presidential election can be rigged then they can certainly rigg a couple dozen jurors to make sure the outcome is what they want.
 
That's akin to blaming a woman for getting raped while walking home from a party.

1. She was "looking for trouble" when she attended a party with alcohol consumption.
2. Party was near a known date rape frat house.
3. She knew she would have to walk past this frat house.
4. She should have just stayed home.

I'm not buying your argument and I doubt the prosecution would be able to convince anyone of this.

Forrest Gump could convince the average leftist of almost anything. Read though some of the posts here and see for yourself.
 
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I wonder if the police chief, who openly and publicly backed Kyle, will testify. That would be a powerful defense witness. Of course, plenty of experts here know more than that chief…
Trial is too publicized to get an impartial jury to judge the events.

Personally, I think comparing the jury to opinionated ass hats here in the pit, who already have their minds made up and most are too stubborn to hear any argue to the latter. So all these expert witness might not matter too much unless they uncover something more sinister.

Relating it to something like OJ. What if the Police Chief was recorded doing something mark furman like... then the jury ignores the mountains of evidence, because of something not even related to the actual events. One skeleton could nullify his testimony. Like the cops handing them water and giving them an atiboy not long before shit hit the fan. He was a vigilante that traveled across state line armed to the teeth with evil military style assault high capacity magizinecliped Ar-14’s...to kill peaceful protesters expressing their first amendment rights against police brutality against and poor innocent black man. There are literally people in this world idolizing George Floyd. 81 million people voted for Biden... there’s a lot of stupid fucking people floating around out there.

If you have never looked into check out the Micheal Drejka shooting of Marcuis McGlockton. Imo that was a legit stand your ground, which is law in Florida. Sheriff originally did not arrest or press charges. It wasn’t until after media out cry he was charged and ultimately convicted and currently severing time. The whole shooting was captured on surveillance video. But it was turn into evil white man with a gun .