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Directed Verdict and Big Problems for the Prosecution in the Rittenhouse Case – Opinion

By Pluralist / November 9, 2021

We reported earlier about the bombshell testimony at the Rittenhouse trial from Gaige Grosskreutz — the third man shot by Kyle Rittenhouse. He admitted Rittenhouse didn’t fire until he advanced on him and pointed his gun at him. That interaction is a prime example of self-defense.

Here’s the take showing the position at the time Rittenhouse fired with the Grosskreutz’s gun pointed right at him.

The perfect TV moment. You rarely see it on legal and order programs, but not at actual trials.

Many may have wondered about the comment about a “directed verdict” mentioned in that first video.

The defense can move, after the prosecution has presented its case, for what’s called a “directed verdict.” That means that even given the most favorable reading of the evidence as presented by the prosecution, no reasonable jury could find the defendant guilty beyond a reasonable doubt. This motion could be granted in full or in part depending on the specific charges. Rittenhouse was also charged with first-degree reckless murder and dangerous weapon use (in relation to the shootings of Joseph Rosenbaum and Anthony Huber); two counts for first-degree recklessly enforcing safety, using a firearm (in relation to Rittenhouse’s alleged attempt at first-degree insanity, shooting Gaige Grosskreutz); one count for attempted first degree intentional homicide; and possessing a dangerous weapon by someone under 18 years. So, for example, the judge could find that the evidence would not support the more serious charges made in this case — ending the case as to those charges — and continuing the trial on the lesser charge as to possession of a weapon.

Given the holes in the prosecution’s case, that’s certainly a possibility, as the case seems to have collapsed and the prosecution seems to have failed on every level to provide evidence supporting the more serious charges.

Grosskreutz’s big statement yesterday was not the only one. He also made several other negative statements.

Grosskreutz told the police that he had dropped his weapon at one point, when obviously that wasn’t the case, at least when he got to Rittenhouse, as the defense pointed out. Grosskreutz also admittedHis conceal carry permit had expired.

Grosskreutz claimed that he hadn’t chased Rittenhouse. Grosskreutz was seen grabbing his gun as he ran toward Rittenhouse, according to the defense. Grosskreutz continued to insist he wasn’t chasing Rittenhouse. Grosskreutz supplied more ammunition to Rittenhouse’s self-defense argument. He said that Rittenhouse was approaching him with his gun because he was. concerned for Rittenhouse’s safetyHuber was hitting Huber with a skateboard and the man who kicked him in his head.

Grosskreutz claimed that he told police he shouted to Anthony Huber — the second man shot — to stop attacking Rittenhouse with the skateboard that he had. But the defense got him to admit “with the benefit of hindsight” that wasn’t true.

Grosskreutz had also filed a suit for damages of $10 million against Kenosha and an action in federal court. This could have given him an interest to see how his case might be handled. The defense also pointed out that Grosskreutz didn’t mention that he had a gun in either of his filings.

Grosskreutz was also questioned about whether he is affiliated to a Communist organisation.

Grosskreutz was asked by the defense if there were any regrets over that evening. Grosskreutz said he didn’t have any regrets from that night. Grosskreutz denied having any.

Grosskreutz claimed that he didn’t say that. The defense will now put Marshall on stand Wednesday to try and impugn Grosskreutz.

Ben Antaramian from Kenosha Police gave another telling testimony. According to the detective, Rittenhouse only fired on those who were attacking him. This further supports the assertion of self-defense.

That was on top of the testimony already adduced showing that the first person shot — Joseph Rosenbaum — threatened to kill Rittenhouse if he caught him alone, chased him, and grabbed for his gun.

It’s hard to imagine a prosecution that’s collapsed more than this.

Yet, as we observed earlier, the media didn’t headline the serious problems that happened with the prosecution’s case, instead focusing on Grosskreutz testifying he felt in fear of his life. They certainly didn’t headline that he admitted that Rittenhouse only shot him after he advanced on him and pointed the gun at him.

We’ll have to see how it continues to unspool but that it’s not looking good for the prosecution right now would be a bit of an understatement.

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Pluralist

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