Yesterday, jurors rewatched drone video key to the defense’s mistrial request

The jury in the Kyle Rittenhouse has begun its third day of deliberations.

A group of 20 people — 11 women and nine men — were initially selected to serve on the jury on November 1 from a group of 179 prospective jurors. The jury selection consisted of just one day of voir dire in court without the use of background questionnaires.

Two people were dismissed from the jury during the course of the trial. One juror, a middle-aged man, was dismissed for telling a joke to a deputy about the police shooting of Blake, an incident that earned a rebuke from the judge. Another juror, a pregnant woman, was dismissed after experiencing discomfort and requesting to be dismissed, the judge said.

Eighteen jurors thus sat through the entirety of the two-week trial. On Tuesday morning, Rittenhouse himself selected six juror numbers out of a tumbler in a random drawing. Those six will not participate in jury deliberations.

The remaining 12 jurors are made up of five men and seven women, according to a pool reporter in court. The jurors who were selected in the random drawing will serve as alternates. They were asked to remain at the courthouse while the jury deliberates the case.

The jury in the homicide trial of Kyle Rittenhouse resumed deliberations Thursday morning.

This marks the third day of jury deliberations after closing arguments wrapped up on Monday night.

Rittenhouse faces five felony charges for killing two people and shooting another during unrest in Kenosha, Wisconsin, last summer. During the trial, the defense argued the teenager acted in self-defense.

Students at five schools near the Kenosha County courthouse are receiving virtual instruction as “activity surrounding the courthouse continues to grow,” the Kenosha Unified School District announced in a letter to families Wednesday. 

This announcement comes as the jury is set to enter its third day of deliberations in Kyle Rittenhouse’s homicide trial for charges related to the fatal shooting of two people and the wounding of another during last year’s unrest in Kenosha. 

Two of the schools had announced Monday they were moving to virtual learning. 

Families with students in other schools in the district who want to keep their children home may also do so, the school district said.

Remember: We’re not sure exactly when the jury could return its verdict. The jurors are set to reconvene soon for their third day of deliberations.

Jurors deliberating the fate of Kyle Rittenhouse have submitted a total of five questions to the court over the past two days. 

Below are the handwritten questions from the jury that were filed with the court. 

The 12-person jury, made up of five men and seven women, has been deliberating the five felony charges against Kyle Rittenhouse since Tuesday.

They have asked the court a handful of questions so far, including requests to rewatch much of the video evidence of the shootings.

One of those videos, a drone video showing Rittenhouse shooting Joseph Rosenbaum, is at the heart of a defense request for a mistrial in the case. The jury watched that video and FBI surveillance video Wednesday afternoon for 45 minutes in the courtroom.

Prosecutors received a high-definition version of the drone video mid-trial but Rittenhouse’s defense team says it received a compressed, lower-quality version from the prosecution, which described it as a technical glitch. The defense learned about the discrepancy after testimony ended and so asked the judge to declare a mistrial.

The defense has also filed a motion for mistrial with prejudice — meaning the state would not be able to retry Rittenhouse — for intentional “prosecutorial overreach” related to the prosecution’s line of questioning during Rittenhouse’s testimony last week.

Judge Bruce Schroeder has not ruled on either motion.

The deliberations come after a two-week trial highlighted by emotional and compelling testimony from Rittenhouse, the 18-year-old at the center of debates around self-defense, gun ownership and Black Lives Matter demonstrations. On the stand, he told jurors — and the viewing public — that he acted in self-defense.

Keep reading here.

The jury will reconvene at 10 a.m. today for a third day of deliberations in the homicide trial of Kyle Rittenhouse. While we wait for the jurors to assemble, here’s a look at the five felony counts against Rittenhouse.

Count 1: First-degree reckless homicide, use of a dangerous weapon

Count 1 states Rittenhouse recklessly caused the death of 36-year-old Joseph Rosenbaum under circumstances that showed utter disregard for human life.

Wisconsin law allows the use of deadly force only if “necessary to prevent imminent death or great bodily harm.”

Count 2: First-degree recklessly endangering safety, use of a dangerous weapon

Count 2 states Rittenhouse recklessly endangered the safety of Richard McGinniss — a journalist with the conservative Daily Caller — under circumstances that show utter disregard for human life.

Count 3: First-degree recklessly endangering safety, use of a dangerous weapon

Count 3 states Rittenhouse recklessly endangered the safety of an unknown male, referred to as “jump kick man” in court, under circumstances that show utter disregard for human life.

The man jumped at Rittenhouse at one point, trying to kick him and the teen opened fire. “I thought if I were to be knocked out, he would have stomped my face in if I didn’t fire,” he said. Rittenhouse fired at the man twice and missed.

Count 4: First-degree intentional homicide, use of a dangerous weapon

Count 4 states Rittenhouse caused the death of 26-year-old Anthony 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.

Prosecutors asked that the jury also be instructed on second-degree intentional homicide, first-degree reckless homicide and second-degree reckless homicide.

Defense attorneys objected to second-degree reckless homicide. The judge said he “embraced” the defense’s argument. But he will likely allow lesser charges of second-degree intentional homicide and first-degree reckless homicide.

Count 5: Attempted first-degree intentional homicide, use of a weapon

Count 5 states Rittenhouse attempted to cause the death of 27-year-old Gaige Grosskreutz, with intent to kill him.

After shooting Huber, Rittenhouse testified, he saw Grosskreutz lunge at him and point a pistol at his head. Rittenhouse shot him, he testified. Grosskreutz was wounded.

Grosskreutz testified he pulled out his own firearm because he believed Rittenhouse was an active shooter.

Prosecutors asked for lesser charges of attempted second-degree intentional homicide, first-degree reckless endangerment and second-degree reckless endangerment. Schroeder said he was inclined to agree with the prosecution.

Remember: A misdemeanor weapons charge was dismissed by the judge as proceedings opened Monday morning.