Closing arguments conclude in Kyle Rittenhouse trial

By Mike Hayes, Josiah Ryan, Melissa Mahtani, Melissa Macaya and Meg Wagner, CNN

Updated 10:44 a.m. ET, November 16, 2021
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12:55 p.m. ET, November 15, 2021

Prosecution argues Rittenhouse can’t claim self-defense on "a danger you create"

From CNN's Mike Hayes

(Pool)
(Pool)

Prosector Thomas Binger is playing video footage of the shooting of Joseph Rosenbaum, the first person that Kyle Rittenhouse fatally shot on the night of August 25, 2020.

The assistant district attorney is arguing that the video shows that Kyle Rittenhouse provoked the fatal encounter with Rosenbaum, nullifying the defendant's self-defense claim.

"So what you see in that video is his left arm reaching for the gun holding it up. You can see it again on the video here. His left arm reaching up towards the gun. That is what provokes this entire incident and one of the things to keep in mind is when the defendant provokes the incident, he loses the right to self-defense," Binger told the jury.

Binger continued: "You cannot claim self-defense against a danger you create. That's critical right here. If you're the one who is threatening others, you lose the right to claim self-defense."

The prosecution is showing the shooting from multiple angles, while also pointing out that Rosenbaum was not within "an arm's length" of Rittenhouse when he shot him.

Some more context: Rittenhouse testified last week that he acted in self-defense when he fatally shot Rosenbaum who had thrown a plastic bag at him and chased him last year in Kenosha, Wisconsin, in what is likely to be the pivotal testimony of his homicide trial.

"I didn't do anything wrong. I defended myself," he testified.

But in cross-examination, Rittenhouse said that he knew Rosenbaum was unarmed when he ran at the teenager. Rittenhouse said he pointed his rifle at Rosenbaum in an attempt to deter him, adding that he knew pointing a rifle at someone is dangerous.

"He was chasing me, I was alone, he threatened to kill me earlier that night. I didn't want to have to shoot him," Rittenhouse testified. "I pointed it at him because he kept running at me and I didn't want him to chase me."

The prosecution's closing argument is ongoing.

12:36 p.m. ET, November 15, 2021

Prosecutor asks jury to consider Rittenhouse's motivations for being in Kenosha on night of the shootings

From CNN's Mike Hayes

(Pool)
(Pool)

Prosecutor Thomas Binger opened his closing argument by telling the jury that he will keep his summary of the state's case against Kyle Rittenhouse "as simple as possible." 

"This is a case in which a 17-year-old teenager killed two unarmed men and severely wounded a third person with an AR-15 that did not belong to him," he said. 

Binger said that what happened on August 25, 2020, isn't a situation where Rittenhouse was "protecting his home or his family." 

"He killed people after traveling here from Antioch, Illinois, and staying out after a citywide curfew," Binger added.

Binger was interrupted by the defense who objected to his mention of the curfew. "There's no curfew charge anymore," defense attorney Mark Richards said. The judge noted that "there had been an announced curfew so I'll leave it at that." 

Binger continued: "Although the defendant claimed to be protecting a business that he wasn't familiar with, the actual killings, in this case, had nothing to do with that and he also spent the entire evening lying about the fact that he was an EMT." 

"None of the things that I just told you are in doubt in this case," Binger said.

He asked the jury to consider Rittenhouse's motivations for being in Kenosha that night.

"Was he genuinely interested in helping people? He ran around with an AR-15... and lied about being an EMT," Binger said. "Does that suggest to you that he genuinely is there to help?"

Binger reminded the jury they all agreed to "keep an open mind" and told the attorneys that they didn't have any "preconceived notions" about the case. 

"Now you've heard the evidence and it's time to search for the truth," he said.

The prosecution's closing argument is ongoing.

12:22 p.m. ET, November 15, 2021

Closing arguments begin in Kyle Rittenhouse trial

From CNN's Amir Vera, Carma Hassan and Brad Parks

Closing arguments are now underway in the trial of Kyle Rittenhouse. Kenosha County Assistant District Attorney Thomas Binger is delivering the state's closing argument.

Kenosha County Circuit Court Judge Bruce Schroeder has set a total time limit of two and a half hours for each side to deliver their remarks.

The jury in the Kyle Rittenhouse homicide trial is expected to get the case this afternoon, when attorneys finish their closing arguments.

Schroeder explained if the prosecution is not able to establish Rittenhouse's guilt on the charged offense beyond a reasonable doubt, then the jury must acquit him.

11:58 a.m. ET, November 15, 2021

Judge and attorneys debate jury instructions for second-degree homicide

From CNN's Mike Hayes

(Pool)
(Pool)

Judge Bruce Schroeder and attorneys for both sides are currently debating the jury instructions for second-degree homicide, after sending the jury out of the room.

Schroeder had started reading the instructions to the jury before asking them to leave.

11:05 a.m. ET, November 15, 2021

Judge reads jury instructions ahead of closing arguments

From CNN's Brad Parks

(Pool)
(Pool)

Kenosha County Circuit Court Judge Bruce Schroeder has begun reading instructions to the jury ahead of closing arguments in the trial of Kyle Rittenhouse.

The judge and attorneys estimated the reading of the instructions will take around 45 minutes to an hour.

Schroeder said earlier in court that there are 36 pages of jury instructions.

Moments ago, before the jury entered the room, Judge Schroeder dismissed Count 6 of the indictment against Rittenhouse – a misdemeanor charge for possession of a dangerous weapon by a person under 18.

The charge was punishable by up to nine months in prison and a $10,000 fine.

Rittenhouse now faces five charges.

10:50 a.m. ET, November 15, 2021

Judge dismisses gun charge against Kyle Rittenhouse

From CNN's Mike Hayes

(Pool)
(Pool)

Judge Bruce Schroeder just dismissed Count 6 of the indictment against Kyle Rittenhouse, a misdemeanor charge for possession of a dangerous weapon by a person under 18.

The charge was punishable by up to nine months in prison and a $10,000 fine.

Rittenhouse now faces five charges.

Some more context: The count that the judge just dismissed, which was listed as Count 6 in the indictment, was a misdemeanor stating that Rittenhouse was under 18 years old with a dangerous weapon.

Rittenhouse, now 18 years old, still faces five felony charges from the events of Aug. 25, 2020. If he is convicted of the most serious charge against him, he faces a mandatory sentence of life in prison. Rittenhouse has pleaded not guilty to all charges.

10:43 a.m. ET, November 15, 2021

Judge and attorneys are discussing jury instructions before closing arguments begin

From CNN's Mike Hayes

(Pool)
(Pool)

Before the court brings in the jury, Judge Bruce Schroeder and both sides are discussing jury instructions this morning inside the Kenosha, Wisconsin courtroom.

Schroeder indicated that the document he'll be reading to instruct the jury on their deliberations will be 36-pages long.

We're expecting closing arguments to follow.

9:40 a.m. ET, November 15, 2021

Here are the counts the jury will weigh in Kyle Rittenhouse's trial

From CNN's Ray Sanchez and Brad Parks

 (Sean Krajacic/Pool/Getty Images)
 (Sean Krajacic/Pool/Getty Images)

After closing arguments wrap up in the homicide trial of Kyle Rittenhouse the jury will get the case.

The panel will consider five felony counts and a misdemeanor weapons charge against Rittenhouse. Using an AR-15-type rifle, he killed Joseph Rosenbaum, 36, and Anthony Huber, 26, and wounded Gaige Grosskreutz, 27, during street demonstrations over the police shooting of Jacob Blake.

Here are the counts the jury will weigh after Kenosha County Circuit Judge Bruce Schroeder instructs them on the law:

  • First-degree reckless homicide, use of a dangerous weapon: Count 1 states that Rittenhouse recklessly caused the death of Rosenbaum under circumstances that showed utter disregard for human life.
  • First-degree recklessly endangering safety, use of a dangerous weapon: Count 2 states that Kyle Rittenhouse recklessly endangered the safety of Richard McGinniss — a journalist with the conservative Daily Caller — under circumstances that show utter disregard for human life.
  • First-degree intentional homicide, use of a dangerous weapon: Count 3 states that Rittenhouse did cause the death of Huber, with intent to kill him. It's the most serious charge he faces, with a mandatory life sentence. Huber swung his skateboard at Rittenhouse after Rosenbaum was fatally shot.
  • First-degree recklessly endangering safety, use of a dangerous weapon: Count 4 states that Rittenhouse did recklessly endanger the safety of an unknown male, referred to as "jump kick man" in court, under circumstances that show utter disregard for human life.
  • Attempted first-degree intentional homicide, use of a weapon: Count 5 states that Rittenhouse attempted to cause the death of Grosskreutz, with intent to kill him.
  • Possession of a dangerous weapon by a person under 18: Count 6, a misdemeanor, states that Rittenhouse was under 18 years old with a dangerous weapon. Aside from the evidence presented at trial and the instructions on the law, the personal views of jurors and the polarizing nature of the case could also come into play.

Keep reading here.

9:04 a.m. ET, November 15, 2021

500 National Guard troops are on standby today outside of Kenosha

From CNN's Amir Vera, Carma Hassan and Brad Parks

As attorneys in the Kyle Rittenhouse homicide trial prepare for closing arguments Monday, Wisconsin Gov. Tony Evers has 500 National Guard troops on standby outside of Kenosha, ahead of a possible verdict.

Dramatic scenes — like Rittenhouse crying on the stand and the judge admonishing the prosecution last week — have already occurred inside the courtroom. Evers is now preparing for scenes outside the courtroom.

"The Kenosha community has been strong, resilient, and has come together through incredibly difficult times these past two years, and that healing is still ongoing," Evers said in a statement Friday. "I urge folks who are otherwise not from the area to please respect the community by reconsidering any plans to travel there and encourage those who might choose to assemble and exercise their First Amendment rights to do so safely and peacefully."

Closing arguments will be given for up to five hours Monday and the jury of eight men and 10 women will be narrowed to 12 by a drawing of names, according to the judge.

A verdict is possible this week in a case already drawing the attention of a divided nation.

Read more here.