Prosecutors in Kyle Rittenhouse’s murder trial will ask the judge to allow the jury to consider lesser charges as the case implodes live on national TV. The prosecutors have been under fire from the judge for shady conduct and key witnesses have backed up Kyle’s claim of self-defense with one saying he pointed a gun at Kyle before Kyle shot him.
Another witness testified that the prosecutors asked him to change his testimony. It has been a clown show from the start which should not be surprising since they charged Kyle with murder less than 48 hours after the incident.
Videos showing that Kyle was under attack and was defending himself went viral on social media soon after the incident causing many to question the true motive for the prosecution. Was it for political or personal gain like we saw with the Duke lacrosse case years ago?
Who knows, but rather than fold and walk away, the prosecutors are desperate for any conviction.
According to NBC, “Assistant District Attorney James Kraus told Judge Bruce Schroeder on Thursday that prosecutors were still finalizing their request for lesser included charges.
“But he said they planned to ask the judge to tell the jury to consider lesser counts in Huber’s death and the Grosskreutz shooting.
“He said prosecutors were leaning against seeking lesser charges on the reckless endangerment counts and in Rosenbaum’s death but might ask Schroeder to include a so-called provocation instruction.
“Such an instruction would ask the jury to consider whether Rittenhouse provoked the men into attacking him. If the jury finds he did, that would negate self-defense.”
Daniel Adams, a former Milwaukee County assistant district attorney said the prosecution’s case is “incredibly underwhelming.”
“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.”
Adams said prosecutors most likely would seek second-degree versions of the intentional homicide charges.
Second-degree homicide is still no joke and carries a maximum of 60 years in prison. The maximum for second-degree attempted homicide is 30 years. Second-degree reckless endangerment has a maximum of 10 years in prison.
“It gives the jury negotiation room,” Adams 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.”
Paul Bucher, a former Waukesha County district attorney said:
“As a prosecutor, you charge more counts than necessary because you don’t have a strong case.
“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.”
Kyle’s defense may also ask for lesser charges or may ask for the whole charade to be dismissed.
Prosecutors in the murder trial of Kyle Rittenhouse said they would seek approval for the jury to consider lesser charges, a move that could lower the burden of proof for conviction https://t.co/mnWlO7BUc4 pic.twitter.com/2dNtztnEB2
— Reuters (@Reuters) November 12, 2021