Train Wreck: Watch the Prosecution Fillet Their Own Case at Rittenhouse Trial

Mark Hertzberg/Pool Photo via AP

It’s been a tough time so far in the Kyle Rittenhouse trial…for the prosecution.

As we noted, the prosecution lost in an early ruling that they could not refer to the people shot by Rittenhouse as “victims” because the Rittenhouse team was arguing self-defense and that could be prejudicial to their case.


During the lead prosecutor Thomas Binger’s opening statement, he claimed that Joseph Rosenbaum — one of the people that Rittenhouse shot — was being chased by Rittenhouse into the parking lot before the shooting. But the videos show that immediately before the shooting it was Rosenbaum chasing Rittenhouse.

But yesterday the prosecution might have just might have put a stake through the heart of their case. Now granted, it’s a tough case, to begin with — with all the facts indicating self-defense.

Binger was trying to get the Daily Caller’s Richie McGinniss to say that Rosenbaum was already falling to the ground when he was shot. Keep in mind — McGinniss is supposed to be the prosecution’s witness. McGinniss said that wasn’t his testimony, maintaining that Rosenbaum was “lunging” at Rittenhouse.

This is how weak their case is — their own witnesses are providing golden evidence that helps the defense. Binger should have stopped with that embarrassment. But he didn’t. He then did the one thing that lawyers are taught never to do — never ask a question to which you don’t know the answer.

Binger kept pressing McGinniss on how could he know anything about what Rosenbaum was thinking in the encounter with Rittenhouse. “So your interpretation of what he [Rosenbaum] was trying to do, what he was intending to do, or anything along those line, is complete guesswork?”


McGinnis looked at the prosecutor as though he was out of his mind and replied, “Well, he [Rosenbaum] said ‘fuck you’ and then he reached for the weapon.”

Oh, my. If the prosecutor was trying to help the defense, he couldn’t have done any better. You can actually hear Rosenbaum shout that on the video right before the shot, confirming McGinniss’ testimony at about 1:48 of this video.

But Binger kept digging that hole deeper.

Binger put on another eyewitness to the events that night, Ryan Balch. Balch testified that Rosenbaum threatened both him and Kyle Rittenhouse.


Balch recounted what happened with Rosenbaum, “He said, ‘If I catch you guys alone tonight I’m gonna f–king kill you.’” Balch said that Rosenbaum had been acting in a violent manner and had been trying to set dumpsters on fire.

That demonstrated the threat from Rosenbaum, another assist to the defense.

Now, of course, the problem here with which Binger is faced is that this is, in fact, a case of self-defense, so that’s just what the facts are and you can’t get around it. But talk about just blowing up your own case. It almost makes one wonder if Binger wants to lose.

How to fillet your own case in two quick videos — Binger just put on a case study.


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