A judge refused to dismiss a weapons charge Tuesday against an Illinois man accused of shooting three people during a protest against police brutality in Wisconsin last year.
Kyle Rittenhouse, of Antioch, Illinois, shot and killed Joseph Rosenbaum and Anthony Huber and wounded Gaige Grosskreutz during the protest in Kenosha. Prosecutors charged Rittenhouse, who was 17 at the time of the protest, with multiple counts, including homicide and being a minor in possession of a firearm. His trial is set to begin Nov. 1.
Rittenhouse's attorneys have argued that he fired in self-defense after Rosenbaum, Huber and Grosskreutz attacked him. They asked Kenosha County Circuit Judge Bruce Schroeder to dismiss the weapon possession charge during a hearing Tuesday.
Corey Chirafisi, one of Rittenhouse's attorneys, argued that the statute only prohibits minors from possessing short-barreled rifles. Rittenhouse used an AR-style semiautomatic rifle with a 16-inch barrel the night of the shootings, according to Chirafisi.
The only other prohibitions on minors possessing firearms lie in the state's hunting statutes, which state that children under 12 can't hunt with guns. That doesn't apply to Rittenhouse because he was 17 on the night of the shootings, Chirafisi said.
Assistant District Attorney Thomas Binger countered that the Legislature clearly intended to bar anyone under 18 from “running around with a dangerous weapon†and that the hunting statutes don't apply because Rittenhouse wasn't hunting Kenosha's streets on the night of the protest.
Schroeder sided with Binger, but he said he might revisit the question later because the statutes aren't clear.
Binger also asked Schroeder to order reporters not to broadcast witnesses' images during what will be a high-profile trial, saying at least some of them are afraid for their safety. He didn't say which witnesses feel unsafe or whether they've actually been threatened.
Rittenhouse attorney Mark Richards said he didn't know which fearful witnesses the prosecution was referring to, but that one prosecution witness has boasted about being subpoenaed on his social media accounts.
Schroeder said he wasn't sure if he has the authority to censor the media and that he's presided over other cases that he described as more “tense†than the Rittenhouse proceedings.
The attorneys also sparred over whether to allow John Black, an expert on the use of force by police, testify for the defense at the trial. Binger maintained that it wasn't necessary and that jurors could decide for themselves whether Rittenhouse's actions were reasonable. Richards argued that Black could help jurors get to the facts.
Schroeder allowed Black to testify during the hearing to get an idea of what he would present at the trial. Black asserted that Rittenhouse maintained control of his gun at all times, tried to move away from Rosenbaum, Huber and Grosskreutz, and only fired when he was attacked. He noted that Huber hit Rittenhouse with a skateboard and Grosskreutz approached him with a pistol in his hand.
Schroeder took a lunch break before allowing Binger to cross-examine Black.
Prosecutors also were looking for permission to introduce a video showing Rittenhouse saying he'd like to shoot some men he thought were shoplifting from a pharmacy 15 days before the protest. Schroeder said last month that he was leaning toward excluding it. It wasn't clear if he would rule on that request Tuesday.
Schroeder last month denied both sides' request to send questionnaires to potential jurors to probe biases. The judge wrote in a letter to the attorneys that he's afraid people won't fill them out and recipients would discuss the case with family members, friends and co-workers.
“That may trigger even more conversations about the case, with consequent opinion formation,†Schroeder said.
Kenosha was in the throes of several nights of chaotic protests in August 2020 after a white police officer shot Jacob Blake, who is Black, during a domestic disturbance, leaving Blake paralyzed from the waist down. Rittenhouse, now 18, traveled to the city in response to social media posts asking for help defending city businesses.
Many conservatives flocked to support Rittenhouse, calling him a patriot for seeking to stop violent protests, making him a symbol for gun rights and raising $2 million for his bail. Others, including some liberals and activists, portrayed him as a domestic terrorist and said he made a volatile situation worse by bringing a rifle to the streets of Kenosha.
Richmond reported from Madison.
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Across Canada, dignitaries marked Remembrance Day by laying wreaths at ceremonies, school children sang in the late fall chill and veterans recalled the horrors of battle.
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A government-funded report released to Â鶹´«Ã½ highlights 'systemic racism' against dozens of Black executives within the federal public service, including allegations of abuse, violence and harassment that, in some instances, led to suicide.
The federal government is urging both sides in the British Columbia port dispute to return to the table after mediated talks broke off on Saturday, the first of three scheduled days.
U.S. President Joe Biden and Vice-President Kamala Harris on Monday made their first joint appearance since her U.S. selection loss when they observed Veterans Day together by laying a wreath at the Tomb of the Unknown Soldier.
Israel’s new foreign minister said that there has been 'certain progress' in efforts to end the fighting with Lebanon’s Hezbollah.
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New York City Mayor Eric Adams is seeking to move up the start of his trial on corruption and bribery charges so he can focus on his campaign for reelection this spring.
A man accused of killing a person and staging it as a fatal bear attack in Tennessee was taken into custody in South Carolina over the weekend on murder charges, in what authorities described as a plot to steal the victim’s identity.
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Several hundred people gathered outside the Ontario legislature in Toronto to honour veterans and remember those who died fighting for their country.
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Across Canada, dignitaries marked Remembrance Day by laying wreaths at ceremonies, school children sang in the late fall chill and veterans recalled the horrors of battle.
If Earth's astronomical observatories were to pick up a signal from outer space, it would need an all-hands-on-deck effort to decipher the extraterrestrial message. A father-daughter team of citizen scientists recently deciphered the message. Its meaning, however, remains a mystery.
Oxford OPP say that they are investigating a collision that resulted in serious injuries on Sunday evening.
A team of tornado experts are investigating a path of damage through Wellington County.
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A Barrie man is accused of being at the centre of an alleged $2.2 million stolen used car scheme.
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A local high school honoured veterans of the “Forgotten War†on Monday.
After a Canada Border Services Agency (CBSA) worker took their own life while on shift at the Ambassador Bridge Saturday, Â鶹´«Ã½ Public Safety Analyst Chris Lewis highlighted the mental health burdens faced daily by law enforcement.
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A B.C. woman who stole more than $14,000 in volunteer-raised funds that were supposed to be spent on school supplies and programs – including hot meals for vulnerable kids – won't spend any time in jail.
A B.C. teen has a suspected case of H5N1 avian flu — the first known human to acquire the virus in Canada.
Environment Canada says heavy rain and winds could cause power outages on Vancouver Island as an "intense" storm system is set to hit the B.C. coast Sunday.
A B.C. woman who stole more than $14,000 in volunteer-raised funds that were supposed to be spent on school supplies and programs – including hot meals for vulnerable kids – won't spend any time in jail.
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The Southern Alberta Recreation Association is officially announcing the Town of Taber as next year’s host for the Southern Alberta Summer Games.
The Lethbridge Hurricanes broke open a close game with three goals in the first two minutes of the third period as they defeated the Warriors 7-3 in a game played Friday night in Moose Jaw.
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Timmins-James Bay MP Charlie Angus was among approximately 120 people who gathered Sunday night for a candlelight vigil near the scene of a vicious attack against a 16-year-old in Cobalt.
It was just days before the COVID-19 pandemic shut the world down when the Shaft Bottom Boys of Sudbury broke a world record for 'Deepest Concert Underground.' Now, more than four years later, a Timmins band is looking to take the title.
Police say that a 16-year-old was attacked with a sword Nov. 3 in Cobalt, Ont., in a case of intimate partner violence.
Police in Newfoundland say a man was electrocuted Saturday by a downed power wire about 10 kilometres north of St. John's, N.L.
On Thursday morning, Dave Penny officially ended a suggested hundred-day isolation period that followed his diagnosis and stem cell treatment for non-Hodgkin's Lymphoma. On Thursday night, Penny returned to a stage at a downtown St. John's bar, regaling a small crowd with songs and stories with a distinctive Newfoundland flair.
A Memorial University scientist says the mysterious white blobs washing up on Newfoundland beaches are actually gobs of plastic -- and they need to be cleaned up.
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