Poll

Guilty or not guilty?

Guilty
5 (5%)
Not Guilty
74 (74%)
Have no idea
21 (21%)

Total Members Voted: 100

Author Topic: Kyle Rittenhouse - guilty or not guilty?  (Read 67044 times)

Offline Yehuda57

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #780 on: November 18, 2021, 10:05:29 AM »
Second motion is "without".

https://twitter.com/JackPosobiec/status/1460816537812668425

The heading is "with prejudice"

ETA: And this was filed before they had the conversation in court yesterday where the prosecution admitted they sent a different file and didn't have a reason or explanation

Offline zh cohen

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #781 on: November 18, 2021, 10:08:34 AM »
https://twitter.com/JackPosobiec/status/1460816537812668425

The heading is "with prejudice"

ETA: And this was filed before they had the conversation in court yesterday where the prosecution admitted they sent a different file and didn't have a reason or explanation

They made a verbal motion for mistrial without prejudice in court yesterday (as part of that discussion).

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #782 on: November 18, 2021, 10:09:42 AM »
The defense asked that if the judge doesn't declare a mistrial with prejudice, he should at least declare a mistrial without prejudice.
In the second motion?
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Offline avromie7

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #783 on: November 18, 2021, 10:11:40 AM »
They made a verbal motion for mistrial without prejudice in court yesterday (as part of that discussion).
It's basically a fall back, if the jury brings back a guilty verdict and they can't get a mistrial with prejudice they want a mistrial without prejudice. If you believe the prosecutors that it was not intentional, that wouldn't be grounds for a mistrial with prejudice but it would be grounds for a mistrial without prejudice.
I wonder what people who type "u" instead of "you" do with all their free time.

Offline avromie7

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #784 on: November 18, 2021, 10:12:34 AM »
In the second motion?
I heard the defense yesterday clearly ask for a mistrial without prejudice.

ETA: The judge basically said he would consider it if the jury brings a guilty verdict.
I wonder what people who type "u" instead of "you" do with all their free time.

Offline YitzyS

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #785 on: November 18, 2021, 10:13:24 AM »
I don't think Rittenhouse's testimony that Rosenbaum grabbed his gun necessarily implicates him. While the video seems to show that he shot first, he can still claim that he perceived it that way in the heat of the moments, and the jury can still weigh if it is a reasonable perception. Obviously, it's much less compelling, but it is still a potential argument.

Offline as2

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #786 on: November 18, 2021, 10:13:42 AM »
[tweet]1460816537812668425[/tweet]

The heading is "with prejudice"

ETA: And this was filed before they had the conversation in court yesterday where the prosecution admitted they sent a different file and didn't have a reason or explanation
This is what I posted on the first round. I haven't seen the second motion yet, I believe it was only verbally requested, but it will be formally filed soon.


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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #787 on: November 18, 2021, 10:14:18 AM »
They made a verbal motion for mistrial without prejudice in court yesterday (as part of that discussion).
Now I get it. It court they asked "without" but the motion they filled contains both issues. The first was the issue "with".
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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #788 on: November 18, 2021, 10:15:01 AM »
Ok I am confused (for real). Didn't he say they couldn't pinch and zoom? Why didn't they object because they were never given the high resolution video?
That is what this motion filed within days is about. Give them a bit of time to figure it out. The prosecution didn't tell them they used a higher resolution video than was given they figured it out.
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Offline Yehuda57

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #789 on: November 18, 2021, 10:19:24 AM »
They made a verbal motion for mistrial without prejudice in court yesterday (as part of that discussion).

They verbally said they will be filing a motion for mistrial (really, strengthening the original one). The verbal statement is not actually a motion for mistrial, but you need to say you are going to file the motion when you make your objection, or when the misconduct occurs, otherwise, if you just file for a mistrial after the verdict, the judge will think you are just making up stuff and likely will not grant it.


Offline avromie7

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #790 on: November 18, 2021, 10:21:15 AM »
What happens if the jury brings back a guilty verdict on some charges and not guilty on others and the judge declares a mistrial without prejudice? Does the state get to retry the not guilty charges?
I wonder what people who type "u" instead of "you" do with all their free time.

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #791 on: November 18, 2021, 10:21:48 AM »
They verbally said they will be filing a motion for mistrial (really, strengthening the original one).
Didn't on the first one it was asked on the spot for a mistrial?
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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #792 on: November 18, 2021, 10:24:24 AM »
Has anyone changed their mind at this point what the jury will decide?
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Offline Yehuda57

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #793 on: November 18, 2021, 10:24:54 AM »
Didn't on the first one it was asked on the spot for a mistrial?

No, they object and say they believe it is grounds for a mistrial, but the motion was only filed a few days later. IINM, the prosecution also needs time to respond to the motion.

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #794 on: November 18, 2021, 10:27:15 AM »
No, they object and say they believe it is grounds for a mistrial, but the motion was only filed a few days later. IINM, the prosecution also needs time to respond to the motion.
I don't think that is correct. IMHO if they pulled that first stunt again the judge would grant it on the spot.
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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #795 on: November 18, 2021, 10:27:48 AM »
What happens if the jury brings back a guilty verdict on some charges and not guilty on others and the judge declares a mistrial without prejudice? Does the state get to retry the not guilty charges?
Pretty sure not
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Offline Yehuda57

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #796 on: November 18, 2021, 10:29:31 AM »
I don't think that is correct. IMHO if they pulled that first stunt again the judge would grant it on the spot.

Oh, I believe the judge *can* grant it immediately, but then again, can't he can also declare a mistrial without a motion or objection from the defense?

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #797 on: November 18, 2021, 10:32:19 AM »
Can we all agree that this is now one big mess?  :)
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Offline YitzyS

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #798 on: November 18, 2021, 10:35:56 AM »
Can we all agree that this is now one big mess?  :)
And now we know another reason why the jury is not allowed to watch the news...

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Re: Kyle Rittenhouse - guilty or not guilty?
« Reply #799 on: November 18, 2021, 10:37:49 AM »
And now we know another reason why the jury is not allowed to watch the news...
...but they do. I was on a one day deliberation jury and they talked about the case over lunch.  ::)
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