On November 10th, 2021, Kyle Rittenhouse took to the witness stand during the 2nd week of the Rittenhouse trial.
And shared what he saw on August 25th, 2020. In full detail in the Kenosha courtroom.
In his telling of the events, he says he was essentially ambushed by Rosenbaum when he fired the first shot.
But things got heated in the courtroom when the prosecutor violated court rules during cross-examination and was harshly accosted by Judge Schroeder.
His rule violation lead the Defense to motion for a mistrial with prejudice. A motion the Judge has taken under advisement.
Here is the rest of what happened during Rittenhouse’s testimony.
Rittenhouse Takes the Witness Stand
With the assistance of his defense attorney David Richards, Rittenhouse illustrated what happened on the evening in question.
Starting with laying out the setting of the night. Kyle was in Kenosha to help guard the property of Car Source and offer medical aid to those in need. Eventually, Kyle started putting out fires, which other witnesses stated had visibly upset the crowd. A point the District Attorney Biunger would later harp on.
Throughout the night, Rittenhouse claims that he was threatened by Rosenbaum twice before the shooting began. At one point, Rosenbaum told the group that Rittenhouse was in that if he found any of them alone, he would kill them.
Rittenhouse Begins to Sob While Testifying to the Shooting of Rosenbaum
Eventually, Rittenhouse finds himself alone, separated from Balch, with whom he was most of the night. While running to put out fires reported to him by his “brother” Dominick Black, he said a man. Joshua Ziminski has since been charged with “Use of a Dangerous Weapon” brandished a gun in a manner that threatened the Defendant.
He turned to run, and Rosenbaum pursued him. At some point, Rittenhouse turned, pointed his gun at Rosenbaum, who put his hands up, but continued to pursue the Defendant. So the Defendant continued to run. Shortly he felt he couldn’t run any further and turned to face Rosenbaum. At this point in the testimony, Rittenhouse began to sob uncontrollably, and the Court was recessed.
When Court re-adjourned. Rittenhouse continues his testimony. Stating that when he turned. Ziminsky fired a shot in the air, all the while Rosenbaum lounged to take his AR-15. At which point he shot Rosenbaum in the hand as he tried to take the gun, and three more times.
Rittenhouse Runs and Is Chased by a “Mob”
At this point, Rittenhouse testifies that he begins to run as the crowd starts to yell to one another to get him. And is struck in the head twice by Anthony M. Huber with a skateboard. At some point, the strikes to the head caused the Defendant to fall. And he was immediately drop-kicked in the face by an unknown man, who Rittenhose shot at twice but missed. Then Huber came in trying to swing the skateboard at him again and was shot dead by the Defendant when he was only a foot away.
Then Grosskreuitz approached Rittenhouse while he lay on the ground with a gun in his hand but at his side. As Rittenhouse lowered his AR-15, Grosskreuitz pointed the pistol at Rittenhouse, who promptly shot him in the arm. Disarming Grosskreuitz. When he got back to his feet, he attempted to turn himself into the police, but they told him to get away, or he would be pepper-sprayed.
Rittenhouse returned to the Car Source lot and rode back to Antioch, Illinois, where he turned himself in at the police department.
District Attorney’s Cross-examination of Rittenhouse
The DA began his cross-examination from the beginning. Starting with how Rittenhouse acquired the firearm, to start with. Then he rehashed the events, trying to prove that Rittenhouse intended to kill someone that day when he went to Kenosha, to begin with.
DA Scolded by Judge
Cross-examination did not carry on long before DA Binger began to question him about how the Defendant remained silent during the entire trial, insinuating that he could tailor his story to the witnesses of the trial.
The Defense objected, and the Judge asked the Jury to step out. At which point Binger was reprimanded. And was told by the Judge that he may have crossed the line in commenting on the Defendant about his 5th-amendment right.
“… It’s been basic law in this country for 40 years, 50 years, I have no idea why you would do something like that.” – Said Judge Schroeder.
Further, the Judge called it a “grave constitutional violation,” saying that he may have overstepped the line or be close to causing a mistrial at the very least. Eventually, cross-examination resumed.
Binger Breaks Another Rule
The cross-examination was yet again only shortly underway when the DA began to speak about evidence the Judge had ordered to remain out of the case. The Defense objected. The jurors left the courtroom again.
The Defense motioned for the Judge to strongly admonish the DA and said it appeared he was intentionally trying to cause a mistrial. Stating that Binger was too experienced not to be making these errors intentionally. Further, the Defense said that the Court should declare a mistrial with prejudice if he does it again. The Judge indeed sternly admonished Binger, who attempted to explain himself to no avail.
Binger continues cross-examination after the Jury enters the courtroom again without further incident until the Court recessed for lunch.
Defense Motions For Mistrial with Prejudice
After lunch, the Defense raised a motion to call a mistrial with prejudice for the overreach done by DA Binger. The Judge said he would give the DA a chance to prove why the Court should not. During the DA’s explanation, the Judge outright said to Binger, “I don’t believe you.” And said he would take the motion under advisement.
The DA Tries to Prove Rittenhouse’s Intent to Kill
The DA then spent the rest of his cross-examination picking through every detail of the evening. And prove the Rittenhouse had the intent to kill. To which Rittenhouse would reply that he was only trying to stop the threat to his life. According to Rittenhouse, his intent was never to kill.
Cross-examination was lengthy and drawn out mostly without incident. The DA wanted to zoom into a video at one point, but the Defense said that doing such alters the image artificially through artificial intelligence. The Judge said he didn’t know and that if Binger wanted to zoom in, he would need to find an expert to testify.
Eventually, the cross-examination continued until 4:30 pm CST. And the Defense rested their questioning.
The Rittenhouse Testiomony in Brief
The Defense laid out the claim of self-defense in the Rittenhouse Trial in a very compelling manner. On the other hand, the Prosecution attempted to show an intent to kill others, which it seemed not to prove. At the same time, the Jury may be the ultimate decision-maker. Rittenhouse’s testimony in the context of all the other witness testimony sure seemed to back up his claim that his actions were in self-defense.
