Prosecutors want a video of Kyle Rittenhouse accepted into evidence that they say shows him talking about wanting to shoot people, footage taken about two weeks before Rittenhouse fatally shot two protesters in Wisconsin and wounded a third.
too bad about double jeopardy
i'm still shocked nobody has killed this kid and claimed self-defense.
The funny thing is that Facebook messages that said more or less the same thing weren't allowed to be introduced in the trial. My guess is it wouldn't have mattered. Considering the judge was such a fucking asshole through the whole trial.
Prosecutors wanted to charge Rittenhouse with possession of a dangerous weapon by a person under 18 or some similar charge but the judge waited until the last day to say that he interpreted the law differently and prosecutors wouldn't be allowed to charge him.
"Prosecutors should have appealed to [Some court I forgot] before the trial was on it's last day, well I just told you so I guess that one is on me." - Judge who knew exactly what he was doing.
yeah idk why they didn't go after him separately for the possession/straw purchase with a hopefully different judge since that explicitly wasn't one of the charges on trial.
that judge needs to be disbarred and thrown in a pit
Apparently the guy that did the straw purchase got a plea deal for a 2000 dollar fine cause he waived his fifth amendment rights or something, I dont get exactly all the technicalities behind why Rittenhouse was not charged but it seems like its cause his cousin or whatever was the one who lied on the forms to say he bought it for himself, and it isnt clear if it was illegal for Rittenhouse to actually own a rifle and bullshit like that.
Edit: Best explanation I found is that the main illegal thing done was that his cousin friend whatever lied on the proper forms, but the straw purchase in itself would only be illegal if done for someone who is not permitted to own guns because of a crime or something. Also Rittenhouse didnt technically take possession of the rifle he just used it while it was owned by his friend still? Possibly.
it was illegal for him to possess it in wisconsin, i'm not sure what "technically take possession" would mean in this context, but roaming the streets with it sure sounds like what that's supposed to mean
I should probably go check the trial but my understanding is that since they decided to selectively interpret that one law about minors carrying rifles under supervision, it was legally the equivalent of going hunting with someone and letting them borrow the rifle, they dont "possess" the rifle cause they're just using it for that supervised period, and then afterwards the rifle went back to the straw purchase guy.
no fucking way that night counted as "under supervision"
prosecutor can go in the pit with the judge
It apparently did, he 100% wasnt under supervision when he killed those people but I guess they just decided that since he arrived there with adults it was supervised enough for their tastes.
IIRC there was some law clearly written on bring your kid to work day that said like 15/16+ can carry rifles under the supervision of an adult which he technically was, and then theres also like an additional part about how if you do it while hunting you need a license.
So there was a big debate over if the spirit of the law was to only apply when hunting or if it applied in any situation, and thats what the judge interpreted.
Also it probably wouldnt have mattered either way cause they ruled that bringing a rifle to a protest was valid political expression, and IIRC didnt have any recording or testimony that showed him threatening/provoking people beyond the presence of a rifle, so the text messages/video would be ignored.
948.60 is the "ambiguous" law, but it's absolutely not ambiguous. I looked into the legislative history on this a while back:
- Current: https://docs.legis.wisconsin.gov/statutes/statutes/948/60/2/a
- 2005: https://docs.legis.wisconsin.gov/2005/related/acts/163
- 1991: https://docs.legis.wisconsin.gov/1991/related/acts/18
The historical intent was to allow people under 18 to possess a firearm if they were hunting. I don't remember what the weasel word nuance was and don't care. The prosecutor didn't even argue that it applied, just declined to even try.
There are a non-zero number of people from this exact situation currently in Wisconsin prison.
https://www.google.com/search?q=948.60+site%3Awicourts.gov
Here's a quote from one such individuals appeal:
After independently reviewing the records and the no-merit report, we conclude there are no issues of arguable merit that could be raised on appeal and summarily affirm the judgments of conviction. See WIS. STAT. RULE 809.21. https://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=108193
The court assigned lawyer argued that another court assigned lawyer did nothing wrong during the initial trial/plea agreement by having his assigned "criminal" plea to a law that doesn't apply to white fascists. :lenin-rage:
It's selective enforcement by design.
"We'll take it to the Supreme Court!"
looks at Supreme Court
"Ah, fuck me."
It’s funny how double jeopardy only seems to prevent bad people from being found guilty after a kangaroo court finds them innocent, but doesn’t seem to work to protect innocent people from being repeatedly targeted until they’re found guilty.
Why does double jeopardy still exist? Pretty sure we ended that rule here.
probably to keep the state from continuously harassing somebody who was actually innocent back in the 18th century when all the other ways for the state to harass somebody hadn't been invented yet.
too bad about double jeopardy
won't stop the upcoming civil suite :biden-troll:
double jeopardy
I'm pretty sure if new evidence comes to light double jeopardy doesn't apply, but I also don't think this would count as new evidence to most judges.
i’m still shocked nobody has killed this kid and claimed self-defense.
I never understand why people are surprised. There are no leftists in this fucking country.
There are no leftists in this fucking country.
I guarantee you there were at least a thousand leftists in the streets of Kenosha that night.
People don't want to ruin (or lose) their lives over a single shithead fascist.
Remember when Trump sent a goon squad to execute a guy for killing one of his supporters in self defense?
I thought double jeopardy doesn't mean new evidence can be admitted.
hasn't he already had a trial and they gave their verdict or whatever? my understanding is that after that he could literally come out and say "yeah i did the murder, here's a video of me planning it all, i actually targeted those people specifically as an assassination" and they wouldnt be able to do anything about it.
Double jeopardy means you can't redo the criminal trial. A civil trial right after is fine and does not violate the double jeopardy rule.
of course there is, he's an american teenager
i'll be here all week
tip your waitressIt's like the line from Liar Liar.
"Don't show that video!"
"Why not?"
"...Because it's incredibly damaging to my case!"
august 19 2021
yep. guess what the jury didn't see.
They would have clapped at it anyway.
I wish I had my gun because it's okay to shoot someone if you think they have a gun,
:very-smart:
