Prosecutor's Opening Statement in Rittenhouse Case Is Highly Problematic - for the Prosecution

Mark Hertzberg/Pool Photo via AP

The role of the prosecutor is supposed to be to represent the state in the interests of justice. That means that the point of the prosecution isn’t necessarily winning — it is that justice. If, for example, the prosecutor has exculpatory evidence — evidence that will clear the defendant — the prosecutor is required to turn that over to the defense.

A prosecutor is supposed to tell the truth in the interest of justice, even if it is not advantageous to his case.

So I have some questions for the prosecutor about his opening statements in the Kyle Rittenhouse trial which is now underway.

Based on the facts that are clear from the video that has been out there, we know that Joseph Rosenbaum chased down Rittenhouse, even throwing a plastic bag in his direction. Rosenbaum then allegedly tried to grab Rittenhouse’s gun according to witness Richie McGinnis of the Daily Caller, and Rittenhouse fired in self-defense, killing Rosenbaum. Rittenhouse also shot two other people when he was chased and attacked, killing one and wounding another.

We broke it down here in this story. Rittenhouse’s attorney, John Pierce, has said that people were chasing him because he was trying to put out fires that had been set.

And to focus just on those moments, here’s Rosenbaum chasing Rittenhouse into the parking lot.

But you wouldn’t know that from what the prosecutor said. Indeed, the lead prosecutor, Thomas Binger, said that Rosenbaum was shot after it was Rittenhouse who chased him down — a complete reversal of the facts in those final moments as we understand them from the video.

Listen as he claims Rittenhouse chased down Rosenbaum at about :40.

According to Townhall’s Julio Rosas, the prosecutor claims that there’s FBI video to support his claim.

As Rosas — who was there reporting and taking video that night — notes, Rosenbaum was also being aggressive with other people trying to defend the stores that night.

We now have the alleged new video that the prosecutor is talking about and you can draw your own conclusions, but to me, it just lends credence to Rittenhouse’s defense. I don’t see him “chasing him,” he is behind him at a different point, asking if anyone needs medical attention because Rittenhouse had been acting as a medic that night offering help to people. He comes in the vicinity of Rosenbaum during the video and then Rosenbaum chases him.

This seems to only help his defense and shows him to be offering help to people.