The jury just sent questions to the judge in the ongoing trial in the case of Kyle Rittenhouse.
They asked if they could view the videos privately — in the jury room — or in the courtroom, and if they needed the exact exhibit number in order to be able to look at an exhibit.
JUST IN- Jury question: do we videos in private or in public and do we need to know exact exhibits?
State: the law is clear we have to show it in the courtroom, we can't give them a laptop in the jury room.
Defense: agrees except the defense has a real problem drone video.
— Kristen Barbaresi (@KristenBarbar) November 17, 2021
The defense didn’t have a general problem with the request, except they had the continuing issue they had raised about the drone video that shows Kyle Rittenhouse running into the parking lot, chased by Joseph Rosenbaum. The prosecution is arguing it shows that Rittenhouse pointed the gun at other people, thus “provoking” Rosenbaum to respond.
The defense argues it shows no such thing. But the defense is also arguing that the prosecution withheld from them the clearer version of the video until after they had closed their cases. Now, that’s a problem, because the defense is entitled to the evidence that the prosecution has; That’s why the defense added that as part of a new filing they made on Monday for a mistrial with prejudice because of the prosecutorial misconduct.
The jury also reportedly had other questions, but it’s not clear what they are yet. We’ll let you know, as soon as we can determine it.
The judge is trying to determine now how many times the jury is entitled to see the videos.
Judge is writing note back to the jury saying they view the videos in the courtroom but sounds like the courtroom would be cleared (including reporters) in case jurors want to discuss what they're watching.
Judge still reviewing laws re:how many times they can watch each video
— Kristen Barbaresi (@KristenBarbar) November 17, 2021
But in speaking about the judge’s request, the judge also took the chance to expound on some of the issues in the case — including the media’s comments on the case and the motion for a mistrial with prejudice.
The judge said he hadn’t even read the motion that was filed on Monday yet, and that he hadn’t given the state a chance to respond. Now, while motions of that nature are generally determined prior to the case going to the jury, they don’t have to be. He can actually decide it, even while the jury is considering the case or even after they come in with a verdict. The judge said he hadn’t even gotten it until yesterday, and he hadn’t given the prosecution the opportunity to respond. So, that might explain why he hadn’t considered it yet.
Judge Bruce Schroeder also let loose on the media reporting of the case, saying that he was now rethinking the thought of ever having live feed in the court again, because of how the media had been responding, which he didn’t think was good for the case.
Rittenhouse judge realizes the problems of the media and the "grossly irresponsible handling of what comes out of this trial." pic.twitter.com/6gAX3QA6aw
— MRCTV (@mrctv) November 17, 2021
He’s apparently had an unhappy schooling in how intrusive the media phalanx of lies and twisting the facts can be.
We’ll keep you apprised as more details come in.
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