
It depends on the judge. I had one judge who made us wait. Courtroom benches are super uncomfortable….. |
It could have. The low res could show blurred movement and the jury assumes it’s him pointing the rifle, while the hi res clearly shows that it’s his arm moving. The problem is you don’t know for sure. "Could be interpreted different" is a huge issue. |
And that’s what I’m asking - what is the defense’s explanation for why this was prejudicial? The hi-res version was shown in court. What would the defense have done differently? |
Is the clearer drone video exculpatory? Does it show anything new that wasn't already shown?
If not then the the whole thing is completely irrelevant. |
The clearer drone video was shown during the trial. Apparently the defense team didn’t even look at their copy of the video until days later, after evidence had closed. But now they’re trying to claim they would have approached the defense differently if they had the higher resolution version. It’s such a dumb argument. The defense is scared trying to drum up grounds for appeal. Most likely the judge will let this sit until the jury returns a verdict. If he’s acquitted or it’s a hung jury, he’ll deny the motion as moot. If he’s convicted, the judge probably still denies the motion so the verdict can stand if the defense loses on appeal. |
Except for the video of Huber hitting Rittenhouse with a skateboard. |
The drone video is bad for the defense because it shows Rittenhouse waving his gun around at people before the shooting. This is evidence of provocation, which negates self-defense as a defense. It also undermines the defense’s claim that Rosenbaum had his hand on the barrel of the gun when he was shot (which would have made a stronger case for Rittenhouse believing he was in imminent danger). The defense knew what the unedited footage looked like because they’d seen it before - Rittenhouse’s original counsel gave it to Fox News. What they did not think about or expect was what the video would look like to the jury when zoomed in to the key moments and slowed down so the jury could get a good look at the video. The defense’s motion for mistrial implicitly argues that if they’d known exactly how the prosecution was going to use the video (which the prosecution was not required to disclose in advance) and what it would show, they wouldn’t have presented false arguments about the events of that night (that Rittenhouse never pointed the gun at anyone until he shot Rosenbaum and that Rosenbaum was close enough to grab the gun barrel) as part of their defense strategy. |
It also suggests that Rittenhouse had options other than shooting Rosenbaum given the wide open space he had to flee and the lead he had on Rosenbaum before he kept stopping to point the gun. Goes to whether he exhausted all options before shooting Rosenbaum. |
And so now the defense is trying to demand a mistrial because of their own negligence and incompetence? Sheesh |
Woo boy. A long hinges on that... can someone still shoot and kill someone "in self defense" when it was they who provoked it in the first place? That was the whole issue with Zimmerman too - extremely problematic. Basically gives people a license to kill anyone they want. All you have to do is start a fight with someone, and when they react, shoot them and claim self defense. Legalized murder. The right wing has really made a bad move with this kind of legislation. |
No, you can’t claim self-defense in an incident you provoked. That was part of the instructions to the jury. |
Cool. Then Rittenhouse is guilty. |
My bad but it changes nothing. The material was withheld. |
It's the repugnicant way! |