{"id":79975,"date":"2021-11-09T11:00:00","date_gmt":"2021-11-09T17:00:00","guid":{"rendered":"http:\/\/www.shotinthedark.info\/wp\/?p=79975"},"modified":"2021-11-16T10:27:18","modified_gmt":"2021-11-16T16:27:18","slug":"so-then-this-happened","status":"publish","type":"post","link":"http:\/\/www.shotinthedark.info\/wp\/?p=79975","title":{"rendered":"So Then This Happened"},"content":{"rendered":"\n\n\n<p>During testimony yesterday in the Kyle Rittenhoue trial, Gaige Grosskreuz &#8211; the &#8220;medic&#8221; with the illegally-concealed who was shot while chasing Rittenhouse with an illegally-concealed Glock &#8211; this happened:<\/p>\n\n\n\n<figure class=\"wp-block-embed is-type-rich is-provider-twitter wp-block-embed-twitter\"><div class=\"wp-block-embed__wrapper\">\n<blockquote class=\"twitter-tweet\" data-width=\"500\" data-dnt=\"true\"><p lang=\"en\" dir=\"ltr\">Rittenhouse trial should be over immediately. <a href=\"https:\/\/t.co\/PHZnHS5rD9\">pic.twitter.com\/PHZnHS5rD9<\/a><\/p>&mdash; Viva Frei (@thevivafrei) <a href=\"https:\/\/twitter.com\/thevivafrei\/status\/1457774701673996298?ref_src=twsrc%5Etfw\">November 8, 2021<\/a><\/blockquote><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script>\n<\/div><\/figure>\n\n\n\n<p>In this, Grosskreutz admits &#8211; after a half-hour of cross-examination by defense attorney Chirifisi &#8211; that his actions justified Rittenhouse&#8217;s claim of self-defense against him, and likely Huber as well.   The admission above takes place at 3:23 of the video below; the preceding several minutes of the defense cross-examination is fascinating&#8230;.<\/p>\n\n\n\n<figure class=\"wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\"><div class=\"wp-block-embed__wrapper\">\n <iframe loading=\"lazy\" title=\"Kyle Rittenhouse homicide trial continues - 11\/8 (FULL LIVE STREAM)\" width=\"500\" height=\"281\" src=\"https:\/\/www.youtube.com\/embed\/Aa5fPbR7H3E?start=12183&#038;feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe>\n<\/div><\/figure>\n\n\n\n<p>&#8230;as Chirifisi slowly backs Grosskreutz into telling the truth, is fascinating to watch. <\/p>\n\n\n\n<p>As was the prosecutor&#8217;s classic facepalm.<\/p>\n\n\n\n<p>Defense attorney <a href=\"https:\/\/legalinsurrection.com\/2021\/11\/rittenhouse-trial-day-5-alleged-victim-gaige-grosskreutz-implodes-admits-had-glock-pointed-at-kyle-when-shot-lied-to-police-about-it\/\">Andrew Branca blogged about the day&#8217;s events<\/a>.  He&#8217;s scathing to ADA Binger. <\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>As I stepped through the cross-examination of Grosskreutz today, I identified no fewer than 19 substantive portions, nearly 50% of the total time spent on cross by Attorney Chirafisi, that were substantively destructive to the State\u2019s narrative of guilt, and helpful to the defense narrative of self-defense. &nbsp;&nbsp;It was harder to identify the parts to leave out of today\u2019s end-of-day post than it was to select the parts to keep in.<\/p><\/blockquote>\n\n\n\n<p>&#8220;Directed verdict&#8221; &#8211; a judge telling a jury that the facts leave only one possible choice &#8211; is what the lawyers in the windows on the left of the screen start yelling.  I suspect that&#8217;s unlikely, although less so than the belief in some quarters that the judge should toss the whole trial, which just isn&#8217;t going to happen; someone would gin that into grounds for an appeal, and then you&#8217;re one judge away from having to go through the whole thing again.  <\/p>\n\n\n\n<p>In the course of this trial, I&#8217;ve learned one important thing; the big lesson I took away from carry permit class 16 years ago has changed.  The defense no longer has to prove the major elements of their case; they have the burden of providing evidence of self-defense; the prosecution then has to prove that any one of the following five standards for self-defense wasn&#8217;t met:<\/p>\n\n\n\n<p>1. Innocence &#8211; the defendant didn&#8217;t start the altercation <\/p>\n\n\n\n<p>2. Proportionality &#8211; they used only the force necessary to stop the threat<\/p>\n\n\n\n<p>3. Imminence &#8211; the lethal force was used in response to something going on at that moment; not the day before, not some future threat.  <\/p>\n\n\n\n<p>4. Reasonableness &#8211; the defendant reasonably believed they were going to die. <\/p>\n\n\n\n<p>5. Avoidance &#8211; the defendant tried to avoid the episode.  Note &#8211; even in a Stand your Ground or Castle situation, judges will often advise juries it&#8217;s best to try to avoid the use of lethal force.  <\/p>\n\n\n\n<p>It seems obvious that the prosecution&#8217;s case in the Huber and Grosskreutz shootings fell apart yesterday.  The Rosenbaum shooting may be a little closer fought, but I think there&#8217;s at least reasonable doubt so far&#8230;<\/p>\n\n\n\n<p>&#8230;and the defense still hasn&#8217;t presented its case.<\/p>\n\n\n\n<p>Just to be clear &#8211; killing is a tragedy, and it&#8217;s best not to be where one expects violence to happen.  The law &#8211; and, in places like Minneapolis and Kenosha, politics &#8211; aren&#8217;t fond of citizens defending their property.  Be aware of this. <\/p>\n\n\n\n<p>But hopefully this past two years, and a good mid-term at the state and federal level, start changing that. <\/p>\n\n\n\n<p> <\/p>\n\n\n","protected":false},"excerpt":{"rendered":"<p>During testimony yesterday in the Kyle Rittenhoue trial, Gaige Grosskreuz &#8211; the &#8220;medic&#8221; with the illegally-concealed who was shot while chasing Rittenhouse with an illegally-concealed Glock &#8211; this happened: In this, Grosskreutz admits &#8211; after a half-hour of cross-examination by defense attorney Chirifisi &#8211; that his actions justified Rittenhouse&#8217;s claim of self-defense against him, and [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[442,265],"class_list":["post-79975","post","type-post","status-publish","format-standard","hentry","category-victim-disarmament","tag-rittenhouse","tag-self-defense"],"_links":{"self":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/79975","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=79975"}],"version-history":[{"count":4,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/79975\/revisions"}],"predecessor-version":[{"id":79982,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/79975\/revisions\/79982"}],"wp:attachment":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=79975"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=79975"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=79975"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}