威斯康星州的陪审团将开始商议凯尔·里顿豪斯周二,在听到对同一证据截然不同的理论后,一名检察官将这名少年描绘成一名寻衅滋事的积极枪手,以反驳辩方声称他开枪打死了三名男子,其中两人是出于自卫。
基诺沙县巡回法院的陪审团在听取了备受瞩目的凶杀案审判中长达数小时的终结辩论,并从法官布鲁斯·施罗德那里得到了30多页的指示后,被送回家过夜。
施罗德告诉陪审团,他们将于周二开始审议,此前听取了该案证据的18名陪审团成员中有12人被随机挑选出来决定里顿豪斯的命运。
2020年8月25日,在基诺沙的一次抗议活动中,里顿豪斯17岁,手持AR-15式半自动步枪,开枪打死了36岁的约瑟夫·罗森鲍姆(Joseph Rosenbaum)和26岁的安东尼·胡伯(Anthony Huber),并严重打伤了27岁的盖格·格罗斯克罗伊茨(Gaige Grosskreutz)。
肖恩·克拉贾西奇/普尔/路透社
凯尔·里顿豪斯,在国王审判日开始时走向他的座位...
在11月2日开始的审判中,里顿豪斯作证说,他开枪打死这三个人是出于自卫,因为据称他们和其他人在警察开枪打死29岁瘫痪的黑人雅各布·布莱克的示威游行中袭击了他。
现年18岁的里顿豪斯对一级鲁莽杀人罪、一级故意杀人罪、一级故意杀人未遂罪和两项一级鲁莽危害安全罪的指控不认罪。
控方的结案陈词
紧接着陪审团的指示,检察官托马斯·宾格尔开始做总结,他告诉陪审团,“这是一个案件,一名17岁的少年用不属于他的AR-15杀死了两名手无寸铁的男子,并严重伤害了第三个人。”
“这不是他在保护自己的家或家人的情况,”宾格尔说。"他从伊利诺伊州的安提阿来到这里,并在全市宵禁后呆在外面,然后杀了人。"
宾格详细讲述了2020年8月25日晚在基诺沙发生的第一起谋杀案,并向陪审团展示了一段视频,检察官声称视频显示里顿豪斯挑起了与罗森鲍姆的致命冲突。
宾格尔说,里顿豪斯坐在他左手拿着的灭火器上,用枪指着罗森鲍姆和其他人。在一个戏剧性的重演中,宾格尔坐在一个水瓶旁,好像左手拿着灭火器,举起了法庭走廊枪击案中使用的半自动步枪。
“这就是引发整个事件的原因。而且要记住的一点是,当被告挑起事件时,他就失去了自卫的权利,”宾格尔说。“你不能声称对自己制造的危险进行自卫。这很关键。如果是你在威胁别人,你就失去了要求自卫的权利。”
检察官要求陪审团仔细观看罗森鲍姆开枪的视频,指出罗森鲍姆在追赶里顿豪斯时举起双手,并引用了这名少年的证词,即他知道这名男子没有武器。
“当第一声枪响发生时,罗森鲍姆甚至不在触手可及的范围内,”宾格说,他播放了几次枪击视频。
宾格将罗森鲍姆和里顿豪斯之间的对抗描述为类似于“酒吧斗殴”,甚至向陪审员展示了电影《大路屋》中帕特里克·斯威兹的形象,在电影中,这位演员扮演一名酒吧保镖,保护一个小镇免受腐败商人的侵害。
“这是一场战斗,也许你们中的许多人都参与过,”宾格说,指的是里顿豪斯和罗森鲍姆之间的对抗。“两个人,手牵手。我们出拳,我们推搡,我们推搡,我们随便。但你不做的是不要带枪去打架。”
宾格尔说,在射杀罗森鲍姆后,里顿豪斯逃跑了,没有试图提供急救。检察官说人群中的其他人完全有理由追着里顿豪斯去阻止他。
“在那个时候,人群正在处理他们认为是一个活跃的枪手,一个刚刚开枪的人,一个仍然持有枪的人,一个正在逃离现场的人,我们怎么知道他下一步要去哪里?”宾格尔说。
他说,那些追逐里顿豪斯的人采取了“尽可能不侵扰的手段”来阻止枪手。
宾格展示了里顿豪斯在街上奔跑的视频,胡贝尔用滑板打了他两次,第二次之后他说里顿豪斯自己失去了平衡,摔倒在地上。
检察官说,里顿豪斯不顾站在附近的其他人,向一名手无寸铁的身份不明的男子开了两枪,据报道,这名男子踢了他的脸,然后向胡贝尔的胸部直射致命伤。
宾格尔说,拿着手枪的格罗斯克罗伊茨在试图解除里顿豪斯武装时,右二头肌中枪。“盖格·格罗斯克罗伊茨手里拿着自己的枪。他本可以瞄准并向被告开枪,但他没有,”宾格尔说。
他说,尽管整晚对人们撒谎说他是一名训练有素的急救人员,但里顿豪斯从未试图帮助他射杀的人。
检察官在谈到里顿豪斯时说:“这是一个没有悔恨、不尊重生命、只关心自己的人。
宾格尔结束了他的辩论,他告诉陪审团设身处地为里顿豪斯着想,并询问一个“通情达理的人”是否会有同样的反应。
“我向你保证,没有一个通情达理的人会像被告那样做。这让你的决定变得容易,”宾格说。“他犯了所有的罪。”
辩方提出论点
里顿豪斯的律师马克·理查兹开始了他的结案陈词,指控检方在一个他称之为“仓促判决”的案件中撒谎和歪曲证据他说,里顿豪斯在枪击发生后48小时内被捕,并被指控犯有杀人罪,而调查人员仍在采访证人和收集证据。
“各位,这个案子不是游戏。这是我客户的生命,”理查兹说。“我们不会对事实玩忽职守,假装罗森鲍姆是公民甲,头号人物。他是个坏人。他在那里。他在制造麻烦。他是个暴徒。我的当事人那天晚上不得不独自和他打交道。”
理查兹猛烈抨击宾格尔提出的理论,即里顿豪斯涉嫌用枪指着罗森鲍姆和其他人,从而引发了最初的枪击事件。他说,检察官是在“他的案子在他面前爆炸时”提出这一理论的
他引用了一段视频,视频显示里顿豪斯在罗森鲍姆声称罗森鲍姆伏击了他,向他扔了一个包,并在这名少年用枪瞄准他时继续向他发起冲锋后逃离了罗森鲍姆。理查兹引用了控方证人的证词,这些证词证明罗森鲍姆威胁说,如果他单独得到里顿豪斯和其他人,他将杀死他们。宾格说,这些证词在视频中找不到,并声称从未发生过。
理查兹说:“女士们、先生们,当我的当事人枪杀约瑟夫·罗森鲍姆时,他担心自己的生命安全。“他之所以害怕,是因为我的当事人目睹了之前的威胁、之前的声明和暴力行为。”
理查兹补充道,“凯尔射杀约瑟夫·罗森鲍姆是为了阻止对其人身的威胁。我很高兴他开枪打了他,因为如果约瑟夫·罗森鲍姆得到了那把枪,我一点也不相信他不会用它来对付别人。他不理智而且疯狂。”
理查兹嘲笑宾格尔将里顿豪斯描述为“积极的射手”
“凯尔不是一个积极的射手。这是该州想要抓住的一个时髦词,因为它为2020年8月25日那群暴徒的行为开脱,”理查兹说。
他说,在射杀罗森鲍姆后,里顿豪斯是在做合理的事情,他跑去告诉警察发生了什么,结果却被一名男子踢脸,并被胡伯用滑板袭击。
理查兹说,格罗斯克罗伊茨被枪杀是因为他拿着一把手枪追着里顿豪斯,并“打算向我的委托人开枪”
“不幸的是,我的当事人先开枪打死了他。如果他(格罗斯克罗伊茨)撤退了,那就完了,”理查兹说。
理查兹告诉陪审团,里顿豪斯没有义务作证,但他作证了,因为他想让“陪审员们听听他在枪击当晚的亲身经历”。
理查兹说:“他知道宾格先生会盘问他几个小时,他愿意站在证人席上,宣誓并尽可能以最好的方式讲述他的故事。“他做到了。”
理查兹将针对里顿豪斯的案件描述为“政治案件”
理查兹说:“我们可以像民主党人和共和党人一样把政治排除在外,但地区检察官办公室正在推进这个案子,因为他们需要有人负责,他们需要有人提出(并说)是我们做的,他是给基诺沙带来恐怖的人。“凯尔·里顿豪斯不是那个人。”
控方的反驳论点
检察官詹姆斯·克劳斯反驳了理查兹关于罗森鲍姆对里顿豪斯构成严重威胁的说法,开始了他对辩方的反驳。
克劳斯对陪审团说:“一个人手里拿着一把AR-15半自动步枪,配有强大的弹药,却被一个手无寸铁、个子比他小、个子比他矮的人追赶,这是不合理的,你要为自己辩护的第一件事就是往他身上塞四发子弹。
他说,四枪中的第一枪击碎了罗森鲍姆的臀部,使他动弹不得,受伤的人瘫倒在人行道上。
“没有人说罗森鲍姆应该追里顿豪斯。没有人说里顿豪斯没有权利为自己辩护,”克劳斯说。"这个案件是关于使用致命武力的权利."
他说,没有证据表明手无寸铁的罗森鲍姆能够赤手空拳杀死里顿豪斯。
“里顿豪斯先生很有眼光。我们听说过他是如何游泳的,我们听说过他是救生员,他显然处于某种状态。打他(罗森鲍姆)的脸,踢他的睾丸,打他的脸,用枪打他,”克劳斯说。
“你不要马上开枪打人。任何一个成年人,任何一个人,任何一个17岁的男性,不先尝试用其他方法为自己辩护是不合理的,”他继续说道。“为什么你要一直跟踪他,向他开枪,最后却在背后开了一枪?”
在结案陈词之前,施罗德指示陪审团,如果陪审团裁定检方未能履行举证责任证明最初的指控,他们将被允许考虑对里顿豪斯的较轻指控。
周一,法官还批准了一项辩护动议,驳回了一项指控,即一名18岁以下的人持有危险武器,此前检方同意,里顿豪斯在枪击中使用的步枪不符合法律规定的短管步枪标准。
Kyle Rittenhouse trial Day 10 ends with closing arguments: Key takeaways
A Wisconsin jury will begin deliberating the fate ofKyle Rittenhouseon Tuesday after hearing starkly different theories of the same evidence, with a prosecutor portraying the teenager as a trouble-seeking active shooter to counter defense claims he shot three men, two fatally, in self-defense.
The Kenosha County Circuit Court jury was sent home for the night after hearing hours of closing arguments in the high-profile homicide trial and getting more than 30 pages of instructions from Judge Bruce Schroeder.
Schroeder told the jury they will begin their deliberations Tuesday after 12 of the 18 panelists who heard evidence in the case are randomly selected to decide Rittenhouse's fate.
Rittenhouse was 17 and armed with an AR-15-style semiautomatic rifle that had a 30-round ammunition clip at the time he shot and killed Joseph Rosenbaum, 36, and Anthony Huber, 26, and severely wounded Gaige Grosskreutz, 27, during an Aug. 25, 2020, protest in Kenosha.
During the trial, which began Nov. 2, Rittenhouse testified that he shot all three men in self-defense as they and others allegedly attacked him during the demonstration over the police shooting of Jacob Blake, a 29-year-old Black man who was left paralyzed.
Rittenhouse, now 18, has pleaded not guilty to charges of first-degree reckless homicide, first-degree intentional homicide, attempted first-degree intentional homicide and two counts of first-degree recklessly endangering safety.
The prosecution's closing argument
Immediately following the jury instructions, prosecutor Thomas Binger began giving his summation by telling the jury, "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."
"This isn't a situation where he was protecting his home or his family," Binger said. "He killed people after traveling here from Antioch, Illinois, and staying out after a citywide curfew."
Binger launched into detail about the first killing on the night of Aug. 25, 2020, in Kenosha, showing the jury video the prosecutor claims shows that Rittenhouse provoked the deadly encounter with Rosenbaum.
Binger said Rittenhouse sat down a fire extinguisher he had in his left hand and pointed his gun at Rosenbaum and others. In a dramatic reenactment, Binger sat down a water bottle as if it were the fire extinguisher with his left hand and raised the semiautomatic rifle used in the shootings at the courtroom gallery.
"That is what provokes this entire incident. And one of the things to keep in mind is that when the defendant provokes the incident, he loses the right to self-defense," Binger said. "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 prosecutor asked the jury to watch the video of the Rosenbaum shooting closely, pointing out that Rosenbaum held up his hands as he ran after Rittenhouse and cited the teenager's testimony that he knew the man was unarmed.
"Mr. Rosenbaum is not even within arm's reach when the first shot occurs," Binger said, playing the video of the shooting several times.
Binger described the confrontation between Rosenbaum and Rittenhouse as being akin to a "bar fight," even showing the jurors an image of Patrick Swayze in the movie "Roadhouse," in which the actor played a bar bouncer who protects a small town from a corrupt businessman.
"This is a fight that maybe many of you have been involved in," Binger said, referring to the confrontation between Rittenhouse and Rosenbaum. "Two people, hand to hand. We're throwing punches, we're pushing, we're shoving, we're whatever. But what you don't do is you don't bring a gun to a fistfight."
Binger said that after shooting Rosenbaum, Rittenhouse ran away without attempting to provide first aid. The prosecutor said others in the crowd had every reason to chase after Rittenhouse to stop him.
"At that point, the crowd is dealing with what they perceive to be an active shooter, someone who has just shot someone who is still in possession of the gun, who is fleeing the scene, and how are we supposed to know where he's going next?" Binger said.
He said those chasing Rittenhouse took the "least intrusive means possible" to stop the gunman.
Binger showed video of Rittenhouse running down a street and Huber hitting him twice with a skateboard, the second time after which he said Rittenhouse lost his balance on his own and fell to the ground.
The prosecutor said Rittenhouse without regard for others standing nearby fired twice at an unarmed unidentified man who reportedly kicked him in the face before he fatally shot Huber point-blank in the chest.
Binger said Grosskreutz, who was armed with a pistol, was shot in the right bicep when he tried to disarm Rittenhouse. "Gaige Grosskreutz had his own gun in his own hand. He could have aimed and fired at the defendant, but he did not," Binger said.
He said that despite lying to people throughout the night that he was a trained EMT, Rittenhouse never attempted to help the people he shot.
"This is someone who has no remorse, no regard for life, only cares about himself," the prosecutor said of Rittenhouse.
Binger wrapped up his argument by telling the jury to put themselves in Rittenhouse's shoes and asking if a "reasonable person" would react in the same way.
"I submit to you that no reasonable person would have done what the defendant did. And that makes your decision easy," Binger said. "He's guilty of all counts."
Defense presents argument
Rittenhouse's attorney, Mark Richards, started his closing argument by accusing the prosecution of lying and misrepresenting evidence in a case that he described as a "rush to judgment." He said Rittenhouse was arrested and hit with homicide charges within 48 hours of the shooting while investigators were still interviewing witnesses and collecting evidence.
"Ladies and gentlemen, this case is not a game. It is my client's life," Richards said. "We don't play fast and loose with the facts, pretending that Mr. Rosenbaum was citizen A, No. 1 guy. He was a bad man. He was there. He was causing trouble. He was a rioter. And my client had to deal with him that night alone."
Richards slammed Binger for coming up with the theory of Rittenhouse provoking the initial shooting by allegedly pointing his gun at Rosenbaum and others, saying the prosecutor came up with that "when his case exploded in his face."
He cited video showing Rittenhouse running away from Rosenbaum after he claimed Rosenbaum ambushed him, threw a bag at him and continued to charge after him when the teenager aimed his gun at him. Richards cited the evidence of prosecution witnesses who testified that Rosenbaum, who he said was off his medication for mental illness, had threatened to kill Rittenhouse and others if he ever got them alone, statements Binger said are not found on video and contended never happened.
"Ladies and gentlemen, when my client shot Joseph Rosenbaum, he feared for his life," Richards said. "He feared because of the prior threats, the prior statements and the violent acts that had been witnessed by my client."
Richards added, "Kyle shot Joseph Rosenbaum to stop a threat to his person. And I'm glad he shot him, because if Joseph Rosenbaum had gotten that gun, I don't for a minute believe he wouldn't have used it against somebody else. He was irrational and crazy."
Richards scoffed at Binger's description of Rittenhouse as an "active shooter."
"Kyle was not an active shooter. That is a buzzword that the state wants to latch onto because it excuses the actions of that mob on the 25th of (August) 2020," Richards said.
He said that after shooting Rosenbaum, Rittenhouse was doing the reasonable thing by running to tell the police what had happened only to be kicked in the face by one man and attacked with a skateboard by Huber.
Richards said Grosskreutz was shot because he was coming after Rittenhouse with a handgun and was "going to shoot my client."
"Unfortunately, my client shot him first. If he (Grosskreutz) had retreated, it's over," Richards said.
Richards told the jury that Rittenhouse was under no obligation to testify, yet he did because he wanted the "jurors to hear his personal experience on the night" of the shootings.
"He knew Mr. Binger would cross-examine him for hours, and he was willing to get up on that witness stand, take the oath and tell his story the best way he could," Richards said. "And he did."
Richards described the case against Rittenhouse as a "political case."
"We can take politics out of it as in Democrat and Republican, but the district attorney's office is marching forward with this case because they need somebody to be responsible, they need somebody to put (forth) and say we did it, he's the person who brought terror to Kenosha," Richards said. "Kyle Rittenhouse is not that individual."
Prosecution's rebuttal argument
Prosecutor James Kraus began his rebuttal argument to the defense by countering Richards' statement that Rosenbaum was a serious threat to Rittenhouse.
"It cannot be reasonable for someone to be holding an AR-15 semiautomatic rifle with powerful ammunition and be chased by someone who is unarmed, who is smaller than him, who is shorter than him, and the first thing that you do to defend yourself is you plug four rounds into him," Kraus told the jury.
He said the first of four shots immobilized Rosenbaum by shattering his hip and that the wounded man crumpled to the pavement.
"No one is saying that Mr. Rosenbaum should have chased Mr. Rittenhouse. No one is saying that Mr. Rittenhouse did not have a right to defend himself," Kraus said. "This case is about the right to use deadly force."
He said there was no evidence presented that the unarmed Rosenbaum was capable of killing Rittenhouse with his bare hands.
"Mr. Rittenhouse has size on him. We heard about how he's a swimmer, we heard that he's a lifeguard, he's apparently in some kind of shape. Punch him (Rosenbaum) in the face, kick him in the testicles, knee him in the face, hit him with your gun," Kraus said.
"You don't just immediately get to shoot someone. It is not reasonable for any adult, for any person, for any 17-year-old male to not try and defend yourself first using other methods," he continued. "Why do you have to keep tracking him and shooting him and ending up with a kill shot in the back?"
Prior to closing arguments, Schroeder instructed the jury that they will be allowed to consider lesser charges against Rittenhouse if the panel decides the prosecution failed to meet its burden to prove the original charges.
The judge also granted a defense motion on Monday to dismiss a charge of possession of a dangerous weapon by a person under 18 after the prosecution agreed that the rifle Rittenhouse used in the shooting did not meet the required standard of a short-barreled rifle under the law.