Kyle Rittenhouse trial: Experts weigh in on closing arguments as jury mulls accused Kenosha shooter's fate
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
{{#rendered}} {{/rendered}}KENOSHA, Wis. – 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 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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Kyle Rittenhouse waits near his table during a break in his trial at the Kenosha County Courthouse on November 15, 2021 in Kenosha, Wisconsin. (Photo by Sean Krajacic-Pool/Getty Images)
"The prosecution taking over two hours on a case is not a great sign," said former federal prosecutor-turned-criminal defense attorney Brett Tolman, referring to how the prosecution’s closing arguments lasted roughly two-and-a-half hours, on top of their subsequent rebuttal.
Tolman, who served as the U.S. Attorney for the District of Utah from 2006 to 2009, added: "I know there's a lot to cover, but I kind of had the rule of thumb: never to go much over an hour if you were confident in your case."
{{#rendered}} {{/rendered}}Rittenhouse faces up to life in prison if convicted of the highest charge. He faces charges including first-degree intentional homicide, attempted first-degree intentional homicide; first-degree reckless homicide; and recklessly endangering safety.
Assistant District Attorney Thomas Binger holds Kyle Rittenhouse's gun as he gives the state's closing argument in Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Monday, Nov. 15, 2021. ((Sean Krajacic/The Kenosha News via AP, Pool))
Tolman added: "The more you watched the prosecution, you could tell that it was, it's that feeling when you're kind of losing and you don't know what it's going to be that you say that changes it, but you're just trying to change the tide of the sentiment that you have about what the case has become."
{{#rendered}} {{/rendered}}He added that he thought Kenosha County District Attorney Thomas Binger, who delivered closing arguments on behalf of the state, "made some good points," but lost credibility at times due to his lack of knowledge in areas pertinent to the case, such as the use of firearms.
Meanwhile, Tolman said defense attorneys faced an "interesting challenge, I think, of a case that’s gone really well."
"You have to be careful to not snatch defeat from the jaws of victory," he explained.
{{#rendered}} {{/rendered}}MARK RICHARDS in white shirt, defense attorney for Kyle Rittenhouse, paces the courtroom before the start of the days proceedings in the Kyle Rittenhouse trial in Kenosha (Wisconsin) Circuit Court Monday November 15, 2021. The Rittenhouse case goes to the jury Monday. (Mark Hertzberg /Pool Photo via AP) (Mark Hertzberg /Pool Photo via AP)
Tolman added that the defense’s closing argument was likely not as important as they would have expected it to be.
"I think the more important side of this was the prosecution trying to overcome what really looks like an acquittal case, and the defense attorneys, you know, needing to – and I think they did a fine job of – outlining who he was and the threats he felt."
But New York-based criminal defense attorney Julie Rendelman said she thought Binger might have gotten some jurors thinking differently about the charges against Rittenhouse.
{{#rendered}} {{/rendered}}"If I was the defense, I would have been a little more nervous than I had been in the past," said Rendelman, a former prosecutor. "In terms of the jury, you know, it takes one to have a hung jury. And in a sense, that's all you need as the defense attorney. Although, I think that in this case, based on all the facts we've seen, the defense is really hoping for an acquittal."
Corey Chirafisi, left, and Mark Richards, center, both attorneys for Kyle Rittenhouse, along with Assistant District Attorney Thomas Binger, look at photographs from the night Aug. 25, 2020, taken by Nathan DeBruin during Rittenhouse's trial at the Kenosha County Courthouse on November 9, 2021 in Kenosha, Wisconsin.
She added: "Do I think it brings them to the level of a conviction for top count? Probably not," she said. "But maybe, maybe one or two of the lesser charges."
When asked her thoughts on how both sides fared in their closing arguments, Rendelman said she thought Binger "really did a terrific job of pulling the facts together" – a "stark contrast," she added, to their opening statements and into their case, when they "really did fall flat."
{{#rendered}} {{/rendered}}"He used what was at his disposal – meaning the videos, pictures – he really used them to his benefit in terms of picking out those moments that he felt corroborated and supported the prosecution's theory," Rendelman continued. "Whether the jury buys it or not is a whole other story, but I think he did a very good job at painting Rittenhouse, as someone who basically came onto the scene with the gun that he knew very little about in terms of how to use it, how dangerous it was, and how reckless his behavior was throughout the evening … and how that that behavior kind of brought each event to occur."
Kyle Rittenhouse, right, looks on as the jury is let out of the room during a break during his trail at the Kenosha County Courthouse in Kenosha, Wis., on Monday, Nov. 15, 2021. (Sean Krajacic/The Kenosha News via AP, Pool) (Sean Krajacic/The Kenosha News via AP, Pool)
Charges against Rittenhouse stem from the night of Aug. 25, 2020, when he fatally shot two men, Joseph Rosenbaum and Anthony Huber, and wounded a third, Gaige Grosskreutz, during a night of fiery protests in Kenosha.
{{#rendered}} {{/rendered}}Rittenhouse was 17 when he and at least one friend said they traveled to the Wisconsin city from Illinois on Aug. 25, 2020, to protect local businesses and provide medical aid after two nights of unrest, with businesses being looted and set on fire.
His defense attorneys have repeatedly argued that he was acting in self-defense. Meanwhile, prosecutors have tried depicting Rittenhouse as having instigated the attacks.
Kyle Rittenhouse on the night of Aug. 25, 2020, and in Kenosha County Court (Associated Press)
The prosecution spent much of its closing arguments arguing that Rittenhouse provoked any potential attacks against him by pointing his gun at people whom he felt threatened by. New York-based trial attorney Randy Zelin told Fox News Digital on Tuesday that the argument was "a little too little, a little too late."
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Zelin added that regardless of the success of either side’s closing arguments, "I don’t believe that the trajectory of the case has changed at all."
"All we can say to ourselves is, did Mr. Rittenhouse have reason to fear that his life could be in danger? And the answer is yes. And has the prosecution disproved beyond a reasonable doubt? Is it fair to say that the jury does not need any more information, and can determine that, in fact, Mr. Rittenhouse was not justified? The answer is no," he said. "So for those reasons, I believe that he will be acquitted."