KENOSHA, Wisc. — Assistant District Attorney Thomas Binger began his open statement on Tuesday by telling the jury the first person shot by Kyle Rittenhouse, Joseph Rosenbaum, was unarmed and it was actually Rittenhouse who first "chased down" Rosenbaum on the night of August 25, 2020.
Binger's argument was that since Rittenhouse first started the confrontation "while wielding that AR-15" there is no case for self-defense. All the video that has been available to the public has shown Rittenhouse being chased by Rosenbaum into the car lot when a gunshot is heard. Rittenhouse turned around and raised the AR-15 at Rosenbaum, who lunged to grab the weapon. Rittenhouse shot four times, which ended up killing Rosenbaum.
Binger said there is an infrared video taken from an FBI plane on the night of August 25, which will be shown during the trial, that will prove Rittenhouse first chased Rosenbaum into the car lot. Though he admits "we don't know exactly what was going on at that very moment. We don't know what words were said."
Binger added even though the infrared video does not provide a complete picture of what was happening on the ground, there is no question Rittenhouse was confrontational with Rosenbaum.
The main hurdle the prosecution has to get over is Wisconsin's self-defense law, which states self-defense can be claimed by a person who first initiates the conflict and then withdraws in good faith but remains in a life-threatening situation:
"(2) Provocation affects the privilege of self-defense as follows:
"939.48(2) (a) A person who engages in unlawful conduct of a type likely to provoke others to attack him or her and thereby does provoke an attack is not entitled to claim the privilege of self-defense against such attack, except when the attack which ensues is of a type causing the person engaging in the unlawful conduct to reasonably believe that he or she is in imminent danger of death or great bodily harm. In such a case, the person engaging in the unlawful conduct is privileged to act in self-defense, but the person is not privileged to resort to the use of force intended or likely to cause death to the person's assailant unless the person reasonably believes he or she has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm at the hands of his or her assailant.
"(b) The privilege lost by provocation may be regained if the actor in good faith withdraws from the fight and gives adequate notice thereof to his or her assailant."
Rittenhouse's defense team provided a detailed retelling of the shootings, complete with pictures and videos, saying further evidence will show Rittenhouse's actions that night were reasonable given the circumstances.
Rittenhouse's defense team just played my video in their opening statement to establish how Rosenbaum was being aggressive towards the armed civilians protecting businesses the night of the shooting. https://t.co/TutwBrLoYQ
— Julio Rosas (@Julio_Rosas11) November 2, 2021
"The evidence will show and the law is clear, [Rittenhouse] didn't endanger those other individuals. The government can refer to him all they wish as an 'active shooter.' The only person he had shot was Joseph Rosenbaum, who had made threats to kill, had made numerous statements about ripping people's hearts out, he wasn't afraid of going back to jail," defense lawyer Mark Richards said.
Richards ended his arguments by telling the jury the other people who attacked Rittenhouse "like an animal" did not even see what happened in the situation between Rittenhouse and Rosenbaum.