In his closing arguments in the Kyle Rittenhouse case on Monday, Assistant District Attorney confirmed what many consider about the case, which is that it’s meant by the state to be a referendum on the second modification, the right to hold and bear arms.
He claimed that Rittenhouse misplaced his right to self-defense as a result of he was “the one who brought the gun.” Binger claimed that Rosenbaum by no means threatened Rittenhouse’s life as a result of there was “no video” of it, regardless of eye-witness testimony to the opposite.
Binger made the case that the melee was a “fist fight,” and that Rosenbaum mustn’t have had a gun in any respect.
“So we’re just guessing but let’s assume for a minute, yeah, Joseph Rosenbaum is chasing after the defendant because he wants to do some physical harm,” Binger started. “He’s an unarmed man. This is a bar fight. This is a fist fight. This is a fight that maybe many of you have been involved in. Two people hand-to-hand, were throwing punches, were pushing or shoving, or whatever.”
“But what you don’t do,” Binger continued, “is you don’t bring it down to a fistfight.” The altercation occurred in a parking zone throughout a riot.
“The defendant wants you to believe is that because he’s the one who brought the gun he gets to kill,” Binger continued. So I need you to distinction this to totally different situations. One state of affairs the place there’s two guys who are throwing punches at one one other, like a bar battle. I feel we would all learn, you possibly can’t kill somebody.”
“You cannot punch the man and crack them to the floor after which get on and strangle the life out of them. That’s homicide,” binger said of his bar fight scenario.
“So what’s the distinction right here?” Binger asked, not noting that the difference was that Rittenhouse and Rosenbaum were not in a bar, drinking and fighting, but in a parking lot during a riot.
“The solely distinction is that he brought a gun,” Binger said.
“He brought his AR 15 That’s why he is obtained to provide you with this cockamamie concept,” Binger said of Rittenhouse’s self-defense claim, “that Joseph Rosenbaum was not solely going to take the gun, however take it in and switch it on the defendant. And the defendant really instructed you that he thought Joseph Rosenbaum was going to take that gun and never solely kill him, however kill different folks, which is actually ironic, contemplating the defendant is the one that killed folks on this case and the solely one. But placing that apart, they’ve to persuade you that Joseph Rosenbaum was going to take that gun and apply it to the defendant as a result of they know you possibly can’t declare protection towards an unarmed man like this.”
“You lose the right to self-defense when you’re the one who brought the gun, when you’re the one creating the hazard, when you’re the one scary different folks,” Binger said.
Binger tried to present in his closing arguments that Joseph Rosenbaum, who was the first man Rittenhouse shot that evening throughout the riots in Kenosha, was not a menace to Rittenhouse. Rosenbaum was shot 4 occasions as he reportedly superior on Rittenhouse in the Car Source lot. The first shot hit his pelvis, the second his hand, a 3rd grazed his temple, and a fourth went by his again. The health worker, Dr. Kelley, testified final week that the shot to Rosenbaum’s hand might seemingly have been sustained as he was reaching for Rittenhouse’s weapon.