Rittenhouse jury ends second day of deliberations without reaching verdict: LIVE UPDATES
Jurors are now in the second day of deliberations at the Kenosha County Courthouse in the trial of Kyle Rittenhouse.
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Protesters have remained mostly calm outside the Kenosha County Courthouse this week, but tensions boiled over on Wednesday afternoon as jurors deliberated Kyle Rittenhouse’s fate inside.
Fox News witnessed one protester strike a man with a camera after getting into a scuffle with other protesters.
Police quickly moved in and detained the man who hit the cameraman, as well as another woman. Both of them were taken to a nearby police van.
The man, a 20-year-old, was arrested for battery, disorderly conduct, and resisting arrest, according to the Kenosha County Sheriff’s Department. The 34-year-old woman was arrested for disorderly conduct.
One of the protesters was slightly injured in the scuffle.
“Yes I got a little hurt so I had to leave," a protester, Emily, told Fox News. "I’m going to try and be back tomorrow."
Kenosha police tweeted earlier in the day that there is “no credible threat to public safety."
Jurors in the Kyle Rittenhouse trial left around 4:30 p.m. CT after their second day of deliberations.
The 12 jurors spent roughly 7 1/2 hours at the courthouse on Wednesday and rewatched video from the trial inside the courtroom for about 45 minutes.
As jurors deliberated, the prosecution and defense spent hours debating the case in front of the judge.
Defense attorney Corey Chirafisi asked the judge to declare a mistrial without prejudice, arguing that the defense received a low-quality version of key drone footage during the trial.
Assistant District Attorney James Kraus argued that the difference in video quality was caused by a “technological glitch” when the footage was transferred from an iPhone to an Android phone.
Judge Schroeder has not ruled on the mistrial request, but said Wednesday that the decision to include the enhanced drone footage was a "high-risk strategy by the state."
"I was queasy about this from the beginning and I’m only queasier about it now,” Judge Schroeder said.
The contentious drone footage was rewatched by jurors inside the courtroom. It shows 36-year-old Joseph Rosenbaum chasing Rittenhouse before the teenager turned around and fired four shots at him at close range.
The defense argued during the trial that Rosenbaum threatened to kill Rittenhouse and was trying to grab his gun, but prosecutors say that Rosenbaum was trying to stop Rittenhouse after the teenager waved his gun at a crowd.
Jurors have deliberated for roughly 16 hours over two days with lunch breaks. The seven women and five men will report back to the courthouse on Thursday morning at 9:00 a.m. CT for the third day of deliberations.
The judge cleared the courtroom Wednesday as the jury in the Rittenhouse trial rewatches video evidence of the Kenosha shooting.
Videos that the jury requested to see include the livestream by Gaige Grosskreutz, who was shot by Rittenhouse once in the arm, as well as drone footage that shows the shooting of Joseph Rosenbaum.
The move came after a war of words between the prosecution and defense over the drone footage.
Defense attorney Corey Chirafisi told Judge Bruce Schroeder on Wednesday afternoon that the defense will ask for a mistrial without prejudice over a dispute about a drone video, meaning that the state would be able to retry the case.
Kyle Rittenhouse’s attorneys originally motioned for a mistrial with prejudice on Monday, arguing that the "prosecution gave the defense a compressed version of the video” that "was not as clear as the video kept by the state.”
Assistant District Attorney James Kraus attributed the difference in videos to a technological glitch, saying that the video was compressed because it was transferred from an iPhone to an Android phone.
Regardless, the defense said that they have spoken with Rittenhouse and will be asking for a mistrial because they would have approached the trial differently if they had the higher-quality video.
"We didn’t have the quality of evidence that the state had until the case had been closed,” Chirafisi told the judge.
“To not get that until the evidence has been closed, that doesn’t strike me as fair,” he continued. “This is a potential life sentence here.”
Judge Schroeder did not immediately rule on the mistrial request.
Meanwhile, the jury has requested to see the drone video. The prosecution and defense are currently discussing how the video should be played for the jury.
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Kyle Rittenhouse’s defense team filed a mistrial motion this week over a drone video that was shown during the trial, claiming that the prosecution did not turn over the full video until after evidence was closed.
The prosecution argued Wednesday that they did not mean to give the defense a more compressed version of the drone video, and it only happened because it was transferred from an iPhone to an Android phone.
“They could have asked for a thumb drive, they could have asked for whatever,” Assistant District Attorney James Kraus said. “We’re not responsible for that.”
Judge Bruce Schroeder said that a new evidentiary hearing may be necessary to get to the bottom of the dispute.
“We can’t resolve this now, because this is going to require expert testimony from people,” the judge said.
The jury also requested different videos that were shown during the trial. A computer is being wiped to put the videos on so that the jury can view them. The drone video that the prosecution and defense argued over has not been requested by the jury.
The 12-person Wisconsin jury mulling the fate of accused Kenosha shooter Kyle Rittenhouse entered its second day of deliberations on Wednesday, asking three questions during their first hours behind closed doors.
On Wednesday, the jury's third round of questions related to the drone footage and images shown at the trial. They asked: "Do we view videos in private or in the courtroom? Do you need to know exact exhibit number of photos?" Judge Bruce Schroeder told the jury they could view the images in the courtroom.
Speaking to Fox News Digital on Wednesday, longtime criminal defense attorney Julie Rendelman said the jury could have made the requests for any number of reasons.
"We don’t know if it’s one juror, all the jurors," she said.
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The jury has two more questions. It’s unclear what they are now.
He’s going back into his chambers while he waits for the attorneys to get into the courtroom.
Kyle Rittenhouse's attorney has told the judge he takes issue with the jury watching drone footage again because its the subject of his motion to dismiss the trial with prejudice and could taint the jury.
Federal prosecutor and legal commentator Neama Rahmani earlier told Fox News Digital's Michael Ruiz that there is "almost no chance the motion is granted."
"Discovery violations can result in sanctions, exclusion of evidence, and adverse jury instructions, but dismissal with prejudice is the last resort," he added.
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The jury in the Rittenhouse trial has asked the judge two questions: "Do we view videos in private or in the courtroom?" and "Do you need to know exact exhibit number of photos?"
Judge Bruce Schroeder is calling everyone back into the courtroom to read aloud the jury's question.
A demonstrator seen carrying a rifle outside the Kenosha County Courthouse on Tuesday morning has been confronted by police.
"If you want to be here, you going to have to put the rifle away," an officer from the Kenosha County Sheriff's Department is heard telling the man after asking him if he had a concealed carry permit, which the man said he did not.
The man then left and later returned without the rifle.
The jury has resumed deliberations, with no formal opening today, according to Fox News' Jiovanni Lieggi.
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Click here to watch on Fox News.
As a Wisconsin jury weighs charges against accused Kenosha shooter Kyle Rittenhouse, longtime lawyers and former prosecutors are sounding off on what they thought were some of the low and high points of the closing arguments.
On Monday, the prosecution and defense each spent hours delivering their closing arguments in what was their final push to convince the jury of Rittenhouse’s guilt or innocence. The 12-person jury deliberated through Tuesday, with the heavy responsibility of determining whether Rittenhouse, 18, would be convicted on any of the seven counts against him.
Speaking to Fox News Digital on Tuesday, longtime attorneys had varying thoughts on how both sides did, with one finding that the prosecution delivered more convincing arguments than they previously have, and others explaining that the prosecution had more to make up for than the defense.
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Anne Benson, the owner of Oliver’s Bakery – which is about three miles from Kenosha County Courthouse -- tells Fox News’ Laura Ingraham that it has become a “day-to-day event of us worrying about whether we come back in the morning and our businesses are here... things are a little bit uneasy because we just don’t know what is going to come next.”
Benson made the comment as a verdict nears in the Kyle Rittenhouse trial.
“All small businesses make up this town and make it that special, and with all this happening it’s so scary because the small businesses can’t survive,” she added. “Half of them that were destroyed [in the 2020 unrest] never came back and other ones had to move and the ones that are left are struggling – we are afraid, not just from these riots but even from Covid.”
Judge Bruce Schroeder retired the jury for the evening around 5:50 p.m. CT after the first day of deliberations in the trial of Kyle Rittenhouse.
The 18 jurors who have been hearing the case reported to the court house at 9:00 a.m. Rittenhouse then drew slips of paper out of a raffle drum to determine the six alternates.
The 12 remaining jurors, seven women and five men, deliberated all day aside from a lunch break around noon. Judge Schroeder said it has been standard practice for at least 20 years in his courtroom for a defendant to randomly select the jurors.
Jurors requested copies of pages one through six of the jury instructions in the morning and then requested copies of the rest of the 36 pages in the afternoon. They will report back to the courthouse on Wednesday morning to resume deliberations at 9:00 a.m. CT.
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