The judge in Kyle Rittenhouse’s trial condemned the prosecution multiple times Wednesday and Rittenhouse’s defense asked for a mistrial, alleging prosecutorial misconduct.
Jacob Marshall, Gaige Grosskreutz’s former roommate and friend, was called to the stand.
A Facebook comment made by Marshall said that Grosskreutz’s “only regret was not killing the kid (Rittenhouse) and hesitating to pull the gun before emptying the entire mag into him.”
Marshall testified that Grosskreutz did not say that to him and he made it up to “stick up for his friend.”
“I lied. He never said that. Those words have never came out of his mouth,” Marshall said.
Anmol “Sam” Khindri, whose family owns Car Source, was called back to the stand.
Khindri first testified on Friday.
Khindri said that the total amount in losses at his properties was approximately $400,000.
Kyle Rittenhouse was called to the stand afterward around 9:30 a.m.
Rittenhouse, 18, formerly of Antioch, said he now lives in Walworth County, Wisconsin, and is studying nursing at Arizona State University.
Rittenhouse explained that in August 2020 he was a police cadet with the Grayslake Police Department and a firefighter-EMT cadet at the Antioch Fire Department.
He testified he cleaned graffiti off a local high school in Kenosha on August 25, 2020, and then extinguished fires later that evening.
Rittenhouse said he bought two rifle slings that day so he could provide first aid to people without putting his gun on the ground.
Mark Richards, Rittenhouse’s attorney, asked Rittenhouse if there was any “friction” between his group and protesters.
“No, the only type of stuff that happened was the person who attacked me first threatened to kill me twice,” Rittenhouse replied, clarifying that the man was Joseph Rosenbaum.
Rittenhouse testified that he had not seen Rosenbaum before that day and he did not do anything to upset Rosenbaum.
“Me and Ryan Balch were walking north at 59th and Sheridan and Mr. Rosenbaum was walking with a steel chain and he had a blue mask. He was just mad about something. Me and Mr. Balch were just asking people if they needed medical help and then he screamed, sorry for my language, ‘If I catch any of you f—ers alone I’m going to f—ing kill you,’” Rittenhouse said.
Rittenhouse then testified about a second occasion near Car Source where Rosenbaum screamed at Rittenhouse’s group, “I’m going to cut your f—ing hearts and kill you n-word.”
Rittenhouse described the moment he got separated from a man he was with and began walking to a used car lot that had been started on fire.
“I hear someone scream, ‘burn in hell,’ and I reply with ‘friendly, friendly, friendly. I’m just here to help. I don’t want any problems.’”
Rittenhouse then started crying, choking and gasping for breath as he was testifying.
Wendy Rittenhouse, Kyle’s mother, also began to cry in the courtroom gallery.
Kenosha County Judge Bruce Schroeder ordered for a short recess to allow Rittenhouse to step down from the stand and catch his breath.
After the recess, Rittenhouse continued to testify about the shootings.
“I didn’t do anything wrong. I defended myself,” Rittenhouse said.
Rittenhouse testified that Grosskreutz pointed his pistol directly at Rittenhouse’s head.
During cross-examination, Schroeder warned Kenosha County Assistant District Attorney Thomas Binger for making comments about the timing of Rittenhouse’s testimony.
“He’s (Binger) commenting on my client’s right to remain silent,” Richards told Schroeder.
“This is a grave constitutional violation for you to talk about the defendant’s silence,” Schroeder told Binger.
“You’re right on the borderline. And you may, you may be over, but you better stop,” he warned.
Schroeder also slammed Binger for asking Rittenhouse questions about protecting property with a gun and then referring to a video where Rittenhouse allegedly said he wished he had his rifle to shoot people he believed were shoplifting.
A motion to admit that video was filed by prosecutors in September. Schroeder denied the motion at the time.
“Don’t get brazen with me,” Schroeder told Binger.
“You know very well that an attorney can’t go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so, so don’t give me that.”
At around 1 p.m. after the lunch break, the defense asked Schroeder for a mistrial with prejudice, alleging prosecutorial misconduct.
Schroeder took the motion under advisement.
Binger continued to cross-examine Rittenhouse, who gave his account of the events on the night of August 25, 2020.
Prosecutors wanted to present a drone video of the first shooting involving Rosenbaum that is zoomed in using an iPad, but the defense alleges that would alter the image.
Schroeder told Binger that an expert would have to testify that pinching and zooming using an iPad would not alter the image.
Rittenhouse testified that although Rosenbaum touched his rifle, he never touched Rittenhouse physically.
Rittenhouse also acknowledged that Rosenbaum was unarmed.
Rittenhouse said if Rosenbaum took his rifle, he would’ve killed him with it.
“If I would’ve let Mr. Rosenbaum take my firearm from me, he would’ve used it and killed me with it and probably killed more people if I would’ve let him get my gun,” Rittenhouse said. “He tried to take my gun.”
“I didn’t want to have to shoot him,” Rittenhouse said.
“I pointed the gun at him so he would stop chasing me,” Rittenhouse said repeatedly.
Rittenhouse said he wanted to help Rosenbaum, but he said, “the crowd started to scream ‘get him, get him, get him,’ and I didn’t want to stay there with the crowd building and the mob advancing on me.”
Rittenhouse said he could’ve called 911, but he called “the first number” in his phone, which was Dominick Black.
“Is that quicker than 3 digits, 9-1-1?” Binger asked. “I don’t know,” Rittenhouse answered.
Rittenhouse continued to testify he acted in self-defense.
Before the jurors were released for the day, Schroeder told them he was “very confident” the trial would be finished by Tuesday.
The jurors were released at 4:50 p.m. Wednesday. The trial continues at 9 a.m. Thursday.