Rittenhouse Defense Team Files New Motion for Dismissal Alleging Prosecution Withheld Key Video Evidence, Providing Small Video File

State of Wisconsin v. Kyle Rittenhouse (Video from Law and Crime network). YouTube Tips ⓘ

The Kyle Rittenhouse defense team Wednesday morning, November 17, 2021 file a motion for Dismissal with Prejudice (no chance for re-trial), accusing the defense of holding back key video evidence connected to the interaction of Kyle Rittenhouse with Joseph Rosenbaum. There has been a “he said, she said” argument over the distance of Joseph Rosenbaum from Kyle Rittenhouse while Rosenbaum was chasing Rittenhouse just before Rittenhouse shot Rosenbaum, and whether Rosenbaum tried to grab the barrel of the rifle or swipe at the barrel of rifle.




The defense alleges that the prosecutors gave the defense team a 3.6 MB video while the prosecution made use of an 11.2 MB video file. Allegedly, the larger file was not made available to the defense until after the closing arguments. There had been significant conversation about the low quality of the video, 20 hours of editing employed by the prosecutors, and the technology that was involved in the prosecutors’ video.

UPDATE:

The prosecutor claimed that the larger video was received by Apple Air Drop from Apple iPhone to Apple iPhone, and that a file transfer to the defense team did not use Apple AirDrop and somehow that file transfer compressed the file without the knowledge of the prosecutors.

The Rittenhouse defense team does not believe the excuse of the prosecution is valid.

Kenosha County Court building at Civic Center Park about 11:15 p.m. Tuesday, November 16, 2021.
A quiet night at the Kenosha County Court building at Civic Center Park about 11:15 p.m. Tuesday, November 16, 2021.
CourtTV truck parked on 10th Avenue near the Kenosha County Courthouse at Civic Center Park about 11:15 p.m. Tuesday, November 16, 2021
CourtTV truck parked on 10th Avenue near the Kenosha County Courthouse at Civic Center Park about 11:15 p.m. Tuesday, November 16, 2021.

The defense team for Kyle Rittenhouse already called for a mistrial, arguing that the trial should be dismissed with prejudice (no chance for re-trial) because prosecutors mentioned evidence they had been warned by Judge Bruce E. Schroeder not to use, because the prosecution failed to ask the judge for specifics about their planned presentation, and because the prosecution questioned Kyle Rittenhouse’s silence even though basic law provides that everyone has the right to remain silent in a criminal trial.

Instead only Count 6 was dismissed this week on Monday.

Count 6 was dismissed about 9:37 a.m. CT just before Closing Arguments get underway on Monday, November 15, 2021.

Count 6: POSSESSION OF A DANGEROUS WEAPON BY A PERSON UNDER 18

The above-named defendant on or about Tuesday, August 25, 2020, in the City of Kenosha County, Wisconsin, being a person uner 18 years of age, did go armed with a dangerous weapon, contrary to sec. 948.60(2)(a), 939/51(3)(a)Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both.

The Prosecution team failed, purposely neglected or forgot to offer the length of the AR-15 and just got count six dismissed after admitting the barrel length was legal. They possibly purposely neglected to reported the length of the gun barrel because they knew the gun was legal.

Kyle Rittenhouse listens to Defense Attorney Mark Richards during closing arguments on Monday, November 15, 2021
Kyle Rittenhouse listens to Defense Attorney Mark Richards during closing arguments on Monday, November 15, 2021 (SOURCE: Court Feed).

Original Six Counts Below Ads …




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The undersigned (Deputy District Attorney Angelina Gabriele), being first duly sworn, states that:

Count 1: FIRST DEGREE RECKLESS HOMICIDE, USE OF A DANGEROUS WEAPON

The above-named defendant on or about Tuesday, August 25, 2020 in the City of Kenosha, Kenosha County, Wisconsin, did recklessly cause the death of Joseph D. Rosenbaum, under circumstances which show utter disregard for human life, contrary to sec. 940.02(1), 939.50 (3)(b), 939.63(1)(b) Wis. Stats., a Class B Felony, and upon conviction may be sentenced to a term of imprisonment not to exceed sixty (60) years.

And further, invoking the provisions of sec. 939.63(1)(b) Wis. Stats., because the defendant committed this offense while using a dangerous weapon, the maximum term of imprisonment for the felony may be increased by not more than 5 years.

Count 2: FIRST DEGREE RECKLESSLY ENDANGERING SAFETY, USE OF A DANGEROUS WEAPON

The above-named defendant on or about Tuesday, August 25, 2020 in the City of Kenosha, Kenosha County, Wisconsin, did recklessly endanger the safety of Richard McGinnis, under cirumstances which show utter disregard for human life, contrary to sec. 941.30(1), 939.50(3)(f), 939.63(1)(b) Wis. Stats., a Class F Felony, and upon conviction may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more than twelve (12) years and six (6) months, or both.

And further, invoking the provisions of sec. 939.63(1)(b) Wis. Stats., because the defendant committed this offense while using a dangerous weapon, the maximum term of imprisonment for the felony may be increased by not more than 5 years.

Count 3: FIRST DEGREE INTENTIONAL HOMICIDE, USE OF A DANGEROUS WEAPON

The above-named defendant on or about Tuesday, August 25, 2020 in the City of Kenosha, Kenosha County, Wisconsin, did cause the death of Anthony M. Huber, with intent to kill that person, contrary to sec. 940.01(1)(a), 939.50(3)(a), 939.32, 939.63(1)(b) Wis. Stats., a Class A Felony, and upon conviction shall be sentenced to imprisonment for life.

And further, invoking the provisions of sec. 939.63(1)(b) Wis. Stats., because the defendant committed this offense while using a dangerous weapon, the maximum term of imprisonment for the felony may be increased by not more than 5 years.

Count 4: ATTEMPT FIRST DEGREE INTENTIONAL HOMICIDE, USE OF A DANGEROUS WEAPON

The above-named defendant on or about Tuesday, August 25, 2020 in the City of Kenosha, Kenosha County, Wisconsin, attempted to cause the death of Gaige P. Grosskreutz, with intent to kill that person, contrary to sec. 940.01(1)(b), 939.50(3)(a), 939.63(1)(b) Wis. Stats., a Class B Felony, and upon conviction may be sentenced to a term of imprisonment not to exceed sixty (60) years.

And further, invoking the provisions of sec. 939.63(1)(b) Wis. Stats., because the defendant committed this offense while using a dangerous weapon, the maximum term of imprisonment for the felony may be increased by not more than 5 years.

Count 5: FIRST DEGREE RECKLESSLY ENDANGERING SAFETY, USE OF A DANGEROUS WEAPON

The above-named defendant on or about Tuesday, August 25, 2020, in the City of Kenosha County, Wisconsin, did recklessly endanger the safety of an unknown male, under circumstances which show utter disregard for human life, contrary to sec. 941.30(1), 939.50(3)(f), 939.63(1)(b) Wis. Stats., a Class F Felony, and upon conviction may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more than twelve (12) years and six (6) months, or both.

And further, invoking the provisions of sec. 939.63(1)(b) Wis. Stats., because the defendant committed this offense while using a dangerous weapon, the maximum term of imprisonment for the felony may be increased by not more than 5 years.

Count 6: POSSESSION OF A DANGEROUS WEAPON BY A PERSON UNDER 18

The above-named defendant on or about Tuesday, August 25, 2020, in the City of Kenosha County, Wisconsin, being a person uner 18 years of age, did go armed with a dangerous weapon, contrary to sec. 948.60(2)(a), 939/51(3)(a)Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both.