Mistrial requested in Arbery slaying, Rittenhouse closing arguments given


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The trial of Kyle Rittenhouse entered its final stretch Monday, as both the prosecution and defense gave closing arguments. The video above shows clips from those closing arguments. Before that happened, Kenosha County Circuit Judge Bruce Schroeder dismissed one of the charges against Rittenhouse.

The charge in question was possession of a dangerous weapon by a person under 18. There’s no dispute that Rittenhouse was 17 when he used an AR-style semi-automatic rifle to kill two men and wound a third. However, the defense argued Wisconsin law had an exception that could be read to clear Rittenhouse. That exception involves whether or not a rifle or shotgun is short-barreled.

“If the barrel length is less than 16 inches or an overall length less than 26 inches, then I’ll deny the motion. If it does not meet those specifications, then the defense motion will be granted,” Schroeder said before dismissing the charge. The charge is only a misdemeanor, but it had appeared to be among the likeliest to net a conviction for prosecutors.

The prosecution gave its closing arguments in the Rittenhouse trial first. Assistant District Attorney Thomas Binger argued Rittenhouse provoked the violence that night.

“You cannot hide behind self-defense if you provoked the incident,” Binger said during closing arguments. “If you created the danger, you forfeit the right to self-defense by bringing that gun, aiming it at people, threatening people’s lives.”

In the defense’s closing arguments, lawyers for Rittenhouse disputed the claim that he wasn’t provoked. They described the first victim, Joseph Rosenbaum as a “rioter” and a “crazy person” who went after Rittenhouse.

“Mr. Rosenbaum was shot because he was chasing my client and going to kill him, take his gun and carry out the threats he made,” defense attorney Richards said.

Meanwhile, in Georgia, there was more courtroom drama over who could attend the trial of the three men accused of killing Ahmaud Arbery. Attorneys for the defendants, who are all white, requested a mistrial when the Rev. Jesse Jackson sat next to Arbery’s parents in court Monday. Arbery was Black. The video above also shows Jackson at the trial, as well as the defense complaint.

“Your honor, the case law out there in mob cases and other cases demonstrates all the ways that presence in a gallery can influence jurors in a case,” defense attorney Kevin Gough said. “I certainly don’t mean to suggest that Al Sharpton or Jesse Jackson or any other pastor belong to a mob. But at the same time, we are talking about organized behavior by whoever outside the courthouse leading up to this case, where we have all these community leaders fearful that the city is going to burn down.”

Monday’s request came after Gough raised concerns about the Rev. Al Sharpton joining Arbery’s parents in court last week. Superior Court Judge Timothy Walmsley declined Monday’s request.

“The court is not going to single out any particular individual or group of individuals as not being allowed into his courtroom as a member of the public,” Walmsley said. “If there is a disruption, you’re welcome to call that to my attention.”

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