Marin Independent Journal

Jury in Rittenhous­e case will get to weigh some lesser charges

- By Scott Bauer, Michael Tarm and Amy Forliti

KENOSHA, WIS. >> The jurors who will decide Kyle Rittenhous­e’s fate will be allowed to consider lesser charges if they opt to acquit him on some of the original counts prosecutor­s brought, the judge said Friday during a contentiou­s hearing in which both sides could claim partial victory.

Rittenhous­e, of nearby Antioch, Illinois, testified that he acted in selfdefens­e when he fatally shot two protesters and wounded a third during an August 2020 night of unrest in Kenosha following the police shooting of Jacob Blake, a Black man.

Jurors are expected to begin deliberati­ng on Monday after closing arguments in a case that has left Americans divided over whether Rittenhous­e was a patriot who took a stand against lawlessnes­s or a vigilante who brought a gun to a protest to provoke a response.

With a verdict near, Gov. Tony Evers said Friday that 500 National Guard members would be prepared for duty in Kenosha if local law enforcemen­t requested them.

Rittenhous­e, who was 17 at the time of the shootings, is charged with intentiona­l homicide and other counts for killing Joseph Rosenbaum and Anthony Huber and wounding Gaige Grosskreut­z.

Wisconsin law allows the prosecutio­n and defense to ask that jurors be told they can consider lesser charges as part of the instructio­ns they receive before deliberati­ng. Defense lawyers can object to lesser charges, and in some cases Friday, they did. For those that they didn’t object to, Judge Bruce Schroeder asked Rittenhous­e to confirm that he agreed with his attorneys’ decision.

Schroeder told Rittenhous­e

that by including the lesser charges, “you’re raising the risk of conviction, although you’re avoiding the possibilit­y that the jury will end up compromisi­ng on the more serious crime. And you’re also decreasing the risk that you’ll end up with a second trial because the jury is unable to agree.”

Rittenhous­e said he understood.

Schroeder said he would issue his final rulings Saturday, but he made some findings from the bench and indicated how he might rule on others. For counts where jurors will be allowed to consider lesser charges, they will be instructed to only consider them if they first acquit Rittenhous­e of the more serious original correspond­ing charge.

Friday’s arguments over jury instructio­ns were contentiou­s at times, with attorneys rehashing debates they had earlier in the case. At one point, as prosecutor­s were seeking to add an instructio­n that would allow the jurors to consider whether Rittenhous­e was

provoked, the two sides debated about what a particular photo showed. Schroeder lost his temper, snapping: “You’re asking me to give an instructio­n. I want to see the best picture!”

Schroeder ultimately said he would allow the provocatio­n instructio­n, which would ask the jury to consider whether Rittenhous­e provoked Rosenbaum into attacking him. If the jury finds he did, that would negate self-defense.

Rittenhous­e, now 18, faces one count of first-degree reckless homicide in the killing of Rosenbaum, who was the first person he shot after Rosenbaum chased him in a used car lot. Prosecutor­s sought to add a seconddegr­ee reckless homicide charge, but the defense objected. Schroeder said he was unlikely to allow the lesser charge because he thought a guilty verdict on the lesser charge would be overturned on appeal.

Rittenhous­e also faces two charges of first-degree reckless endangerme­nt: one for firing at an

unknown man who tried to kick him in the face and another because a reporter was in the line of fire when Rittenhous­e shot Rosenbaum.

Schroeder said he was inclined to allow a lesser charge of second-degree reckless endangerme­nt when it comes to endangerin­g the reporter, but he might not. He said he would not allow the lesser charge in the case of the unidentifi­ed man who tried to kick Rittenhous­e.

Rittenhous­e also faces one count of first-degree intentiona­l homicide in Huber’s death. That’s the most serious charge against him and carries a mandatory life sentence. Huber swung his skateboard at Rittenhous­e shortly after Rittenhous­e killed Rosenbaum.

The defense did not object to adding lesser counts of second-degree intentiona­l homicide and firstdegre­e reckless homicide as it relates to Huber. It did object to adding a charge of second-degree reckless homicide. Schroeder said he “embraced” that argument.

 ?? MARK HERTZBERG — POOL PHOTO ?? Kyle Rittenhous­e and defense attorney Mark Richards stand as Judge Bruce Schroeder makes a personal call during Rittenhous­e’s trial at the Kenosha County Courthouse in Kenosha, Wis., on Friday.
MARK HERTZBERG — POOL PHOTO Kyle Rittenhous­e and defense attorney Mark Richards stand as Judge Bruce Schroeder makes a personal call during Rittenhous­e’s trial at the Kenosha County Courthouse in Kenosha, Wis., on Friday.

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