The Rittenhouse trial lawyers had their final say, and the jury has the case now

One of the things you learn as a litigator is not to make promises to the jury unless you're certain you can deliver on those promises.  The prosecutors in the Kyle Rittenhouse trial forgot that rule.  Not only did they fail to deliver on the promises in their opening statement, but they also lied in their closing statement (along with insulting the jury and misstating the law, all of which are big no-noes).

Before getting to the lawyer stuff, the judge did something important, which was to dismiss the gun charge against Kyle.  Contrary to every mainstream media outlet in the country, 17-year-olds can legally carry long guns in Wisconsin.  Unlike Gaige Grosskreutz, who has a long record of criminal conduct, Kyle did nothing wrong when he carried that gun.  (Re: Grosskreutz, the prosecution conveniently dropped all charges against him just six days before the trial, protecting him from an inquisition into his domestic abuse, prowling, trespass, and burglary.)

If you cast your mind back to opening statements on November 2, Binger repeatedly said Kyle shot "unarmed" victims.  However, the jury learned that Rosenbaum was swinging a large chain and sought to arm himself with Kyle's gun, that Anthony Huber was trying to brain Kyle with a skateboard, and that Grosskreutz pointed a loaded gun at Kyle's head.  In other words, Binger lied.  Jurors don't like that.

Binger also told the jurors that Kyle chased Rosenbaum, making Kyle the aggressor.  The state's own eyewitnesses put the lie to this claim, as did every piece of video evidence.

The prosecution's closing was no better.  Another cardinal rule of litigation is never to insult the jury.  Yet that's exactly what Binger did, making light of Rosenbaum's destructive acts in the lead-up to his death:

For a jury made up of Kenosha residents, who witnessed their business district burn to the ground, hearing that Rosenbaum just set a few inconsequential fires is a slap in the face.  Also, those with a longer memory than Binger's might remember that Drew Hernandez testified that when Rosenbaum tried to set police cars on fire, the police were still in them.

Binger erroneously said the mere fact that Kyle was frightened of men who threatened to murder him and grabbed at his gun, tried to beat him to death, or aimed guns at his head was not a legal justification for self-defense.  In fact, being scared that you're about to be murdered is a justification, provided that the jury finds that the fear was reasonable:

Binger also made the typical leftist argument that someone without a gun is unarmed.  This is my go-to video for disproving that particular point.  Ludicrously, Binger decided to illustrate the point with a picture of Patrick Swayze squaring off against a bad guy in the movie Road House.  Both have their fists up.  "You don't bring a gun to a fistfight."

Binger forgot the bit in the movie when Patrick Swayze kills a man by ripping the man's throat out with his bare hands.

Binger's fundamental argument was that, merely by appearing on the street with a gun, Kyle provoked others into feeling compelled to exercise their rights to self-defense:

Then, to illustrate just how awful Kyle's behavior purportedly was, Binger took an AR-15, aimed it at the jury, and put his finger on the trigger.  Of course, every bit of footage from the night, as well as Kyle's own actions, shows that he handled the gun with care and kept exquisite trigger control.


Image: Internet meme.  Origin unknown.

If accepted, Binger's argument that merely having a gun is provocation destroys Kyle's self-defense claim.  However, holding that the mere act of being armed deprives you of the right to use that weapon in self-defense also destroys the Second Amendment.  That can't be right.

Andrew Branca wasn't too impressed with the defense statement, saying, "Rittenhouse deserved a great deal more than Attorney Mark Richards delivered."  In fact, the defense was never that strong.  However, nowadays, you must give defense attorneys credit just for showing up.  Leftists make it extraordinarily difficult for conservatives to get attorneys because they not only dox the attorneys, but also put pressure on state bar associations to disbar them.

On the facts and the law, Kyle deserves to be acquitted with an apology — after which he should sue everyone.  He should sue the prosecutors' office for wrongful prosecution.  Then he needs to go after all the celebrities and politicians (including Biden) who defamed him.  Nick Sandmann did it, and it should be Kyle's turn now.

The one thing that continues to worry me, though, is that the jurors know that the mob is out to get them.  They may decide that discretion is better than moral courage.  They'll find Kyle guilty, hoping an appellate court will reverse what will quite obviously be a wrongful finding.

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