I suspect that the Judge is waiting for the jury decision to come back and that if it’s something other than not guilty on all charges, the judge will dismiss with prejudice.
Here is another bit of fuckery the ADAs engaged in.
Rittenhouse has been charged with First Degree Recklessly Endangering Safety of the man known in trial only as ‘jump-kick man,’ for the flying kick he took at the teenager’s head as Rittenhouse was attacked minutes after he shot Joseph Rosenbaum dead.
Now Maurice Freeland, 39, has admitted that he was the one who kicked Rittenhouse in the head and narrowly avoided being shot as a result, after the then 17-year-old stumbled to the ground as he attempted to flee.
He has confirmed his identity as jump-kick man but was not called to testify as he refused to do so unless Assistant District Attorney Thomas Binger grant him immunity, which he declined to do.
Freeland was in Kenosha County Jail on multiple charges as recently as October when he was bailed out on a bond of $1500.
The defense did not know who “drop kick man” was to question him but the ADA knew and knew he was in custody, but did not provide that information to the defense.
Moreover, they didn’t name Freeland in the charges against Rittenhouse even though they knew his identity.
It’s obvious they did this to deny Rittenhouse’s defense the ability to take Freeland’s testimony which would have been exculpatory to Rittenhouse.
That is a Constitutional violation.
This is Constitutional violation number three by my count: questioning Rittenhouse’s silence, not providing the HD drone footage to the defense, and denying Rittenhouse’s right to face his accuser.
I suspect that the judge wants to give the jury the ability to clear Kyle of all charges. If they don’t, I believe the judge will vacate the decision with a mistrial. Three Constitutional violations by the prosecutors is more than enough for an appeal, I can’t see the judge just letting that slide.
I really hope you’re right, for Kyle’s sake. I haven’t seen this level of ridiculous crap since the Duke lacrosse case.
That assumes our judiciary still cares about fair and impartial trials.
Not guilty of all charges!