Thomas Binger, Prosecutor: “When we talk in this trial about the nights of August 25th, we need to keep in mind the context of that night. We need to keep in mind the fact that there were hundreds of people on the street that night experiencing the same chaos, the same loud noises, the same gunfire, the same arson, the same tear gas, the same hostile confrontations with people who believe the opposite of that. And yet out of these hundreds of people, only one person killed anyone that night. Only one person shot anyone that night. When we consider the reasonableness of the defendant’s actions, I ask you to keep that in mind.”
“This occurs during the context of the events following the shooting of Jacob Blake, which occurred on Sunday night, August 23rd, 2020. And we all know that within a short period of time after that, the community erupted in protests, looting, rioting, arson and violence Sunday night and Monday night, where two of the roughest nights that our community has ever seen.”
“Like moths to a flame, tourists from outside of our community were drawn to the chaos here in Kenosha. People from outside of Kenosha came in and contributed to that chaos, and it caused many of our citizens to fear for their safety.”
“The evidence will show that Mr. Rosenbaum is agitating. He is getting in people’s faces. He is using obscenities. He is essentially daring people to respond. In fact, at Ultimate Gas, I believe the evidence will show that he actually gets right up in the face of armed people who are similarly armed as the defendant who have similar AR-15 type rifles on. And he is literally confronting them in their faces. None of those folks shoot him.”
“One of the things that you will see and hear in this case is that the defendant throughout this entire evening held himself out as an EMT, as a medic, but he’s carrying a medical bag with her strapped to his body. And yet, in this time of Mr. Rosenbaum there on the ground, injured, potentially dying, the defendant offers no aid, but instead runs.”
“And based on all of that evidence, I think you will agree with me that the defendant is guilty of all of these charges.”
Mark Richards, Kyle Rittenhouse’s attorney: “This is my opportunity to tell you and show you what I believe the evidence will show, you’ve heard the state’s opening statement and now I will give mine. We have two very different outlooks on the events of August 25th of 2020.”
“The evidence will show, in spite of what the media and public statements and things like that have been, the evidence will show that Kyle Rittenhouse had strong ties to Kenosha. His father lived in Kenosha. His mother lived in Antioch, Illinois. Kyle worked here in Kenosha County at the RecPlex in Pleasant Prairie as a lifeguard. He went downtown to clean up the graffiti. Him and Nick left there and they decided to come back that evening and help Car Source lot two which is at 59th and Sheridan. And initially, Car Source three at 60th and Sheridan.”
“You will see the events of that night unfold in video and still photographs. But ultimately, what this case will come down to it isn’t a who done it? When did it happen? Or anything like that. It is: Was Kyle Rittenhouse’s actions privileged under the law of self-defense?”
You, as jurors will end up looking at it from the standpoint of a 17 year old under the circumstances as they existed on August 25th, 2020.
“Kyle Rittenhouse protected himself, protected his firearm so it couldn’t be taken, used against him or other people from Mr. Rosenbaum who had made threats to kill, and the other individuals who didn’t see that shooting attacked him in the street like an animal. Ladies and gentlemen, that’s what the evidence will show. Thank you.”
Thomas Binger, Prosecutor, questioning Dominick Black, Witness.:
Binger: “You said you saw the defendant heading down and then you heard some gunshots. What is the next thing you remember about the defendant after that? ”
Black: “I didn’t believe the gunshots were actually his until I got a phone call and I answered it and he just said ‘I shot somebody, shot somebody’ and then hung up right away.”
Binger: “When did you see him next after that? ”
Black: “I want to say, just a few minutes right after that.”
Binger: “Was that back at 59th Street?”
Black” “Yeah that was at the original location.”
Binger” What observations, if any, did you make about the defendant when you saw him?”
Black: “He was freaking out? He was really scared, he was pale sweating a lot. Um, you could tell he was just scared.”
Thomas Binger, Prosecutor, questioning Dominick Black, Witness:
Binger: “Did he say anything?”
Black: “He wasn’t really talking, you just said he had to do it, it was self-defense. It is. People are trying to hurt him.”
Binger: “Did he ever say to you that someone was trying to attack him with a gun?”
Black: “No.”
Binger: “Did he ever say to you that someone was trying to attack him with a knife?”
Black: “No.”
Binger: “Did he ever say to you that anyone was trying to attack him with any sort of weapon? ”
Black: “No.”
Dominick Black, Witness.: “We kind of all tried to calm him down, there was some people yelling, but we kind of made the idea that he should turn himself in. But we couldn’t do it in the morning, Kenosha, because there’s people rioting at the front doors. So I took him home and then we decided he should go turn himself in at the nearest police department.”
Mark Richards, Rittenhouse’s attorney, cross examining Dominick Black, Witness:
“Richards: “And he did turn himself into the police?”
Black: “Yes.”
Richards: “An hour and a half after you finally saw him at the car source. Correct? ”
Black: “About that time, yes. ”
Richards: “1:20 a.m. That’s what the video shows. You don’t dispute that?”
Black: “No.”
Richards: “And you talk about discussions whether or not he should leave. That was his mother who was making those discussions? Correct?”
Black: “Yes.”
Richards: “Kyle wanted to turn himself in?”
Black: “Yes.”
Richards: “Yes?”
Black: “Yes.”
Richards: “And he did.”
Black: “Yes, he did.”
Richards: “Do you remember telling Detective Antaramian: ‘The only person I saw actually help people was Kyle?’”
Black: “Yes.”
Richards: “Because he was correct?”
Black: “Yes.”
Richards: “He might not have been a trained EMT, but he was providing first aid.”
Black: “Yes.””
