U.S.A. –-(AmmoLand.com)- On Thursday morning, 3 December 2020, the initial hearing on the Kyle Rittenhouse case was heard by Court Commissioner Loren Keating. The hearing started at 10:54 a.m., in a virtual hearing via video conferencing.
According to court records from the wicourts.gov:
10:54 AM Defendant, Kyle H. Rittenhouse, appeared with Attorney Mark D. Richards; Attorney Natalie Wisco. Attorney Tom Binger and Attorny Jason Zapf appeared for the Prosecution. Victim G.G. present with Attorney Kimberly Motley; victim J.H. present with Attorney Anand Swaminathan. Clerk – CJ. MINUTES: Court addresses the orders for pro hac vice admission signed by Br 3 and the objection that was filed by the State – Atty Binger states that objection does not need to be argued today; Atty Richards is in agreement but believes the objection was not timely; Court preserves the State’s objection to the pro hac vice admissions to be argued before the Judge if needed.
As to the motion to dismiss filed by Atty Richards – Arguments heard regarding Ct 6; motion denied by the Court in regards to Ct 6. Arguements heard regarding Ct 2; motion denied by the Court in regards to Ct 2.
State by Atty Binger called witness KPD Detective Benjamin Antaramian; sworn in and testified; cross-examination by Atty Richards; exhibits 1 -12 offered by Atty Richards. Atty Richards moves to enter all exhibits shown on the record; Exhibits 1-12 received by Court. ST rested and moved for bind over; arguments heard. Probable cause found; bound over for trial. Information to be filed within 30 days. Arraignment scheduled for January 5, 2021 at 01:00 pm.
The motions to dismiss counts 2 and 6 were denied at the initial hearing.
This indicates the judge believes some argument is to be made so that the prosecution can prevail on those counts.
- Count 2 is 941.30(1)1st-Degree Recklessly Endangering Safety.
- Count 6 is 948.60(2)(a) Possess Dangerous Weapon-Person < 18
Those two counts appear to this observer to be the weakest counts in a weak prosecution case. Here is 941.30(1) from Wisconsin statutes:
Recklessly endangering safety.
941.30(1) First-degree recklessly endangering safety. Whoever recklessly endangers another’s safety under circumstances which show utter disregard for human life is guilty of a Class F felony.
As Kyle fired to protect his own life and only hit the person who was attacking him, this statute does not appear to apply. Clearly, there was no “utter disregard for human life”, when he was protecting his own life. Kyle’s lawyers make the case in a slightly different manner in their motion to dismiss:
Further, conviction for violation of 941.30(1) requires a finding that an individual’s safety was endangered by the conduct of the defendant. As there are no facts in the criminal complaint exhibiting how Richard McGinnis’ safety was endangered by Rittenhouse, the complaint fails to allege facts which could allow a reasonable person to conclude that a crime was committed. Accordingly,Count 2 should also be dismissed.
I have covered 948.60(2)(a) extensively in a previous article. Kyle would appear to be covered by the exception in 948.60(3)(c).
Kyle’s lawyers make that case in the motion to dismiss. From the motion:
Section 948.60(3)(c) provides exemption for the prosecution of minors in possession of rifles or shotguns unless at least one of two conditions are satisfied. As neither condition is satisfied in this instance, the criminal complaint is insufficient and Count 6 should be dismissed.
The motion to dismiss is much longer than these short summaries. It is beautifully and clearly written and signed by Rittenhouse’s Lawyer Mark D. Richards.
Both motions to dismiss counts 2 and 6 were denied by Judge Keating, as shown in the court document.
Counts are sometimes dismissed in initial hearings. I asked a retired officer, who spent his career in Wisconsin, about it. He said it happened, but very rarely. He said it was more likely decades ago when judges were more willing to act as gatekeepers. He suspected it to be unlikely in a political case.
It did not happen in this case. The case is highly politicized and of national interest.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering and retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.
I do not believe that the court is interested in justice but rather is wanting to send a message that they will not allow an armed citizen to protect themselves from harm, the video’s should have been enough evidence that Rittenhouse was acting in self defense and was not the aggressor but the defender.
Politics from democrat haters of conservative beliefs, if the prosecution was truly interested in justice the other players who were trying to harm Rittenhouse would have also been arrested and charged for their crimes.
Call it what it is BULLSHIT.
This is an open and shut case.
This is self defense.
(OH,, are you really going to cry about the vermin who attacked Kyle and paid for it??)
This case is designed to throw fear into any individual who has the balls to defend themselves.
Now in closing look up an old Mobey Grape song, “Murder In My Heart For The Judge.”
What we need is about 100 people show up (armed) to show up at the . court house to show support for Kyle and Justice. Judges are not perfect and when they abuse the law they should be held accountable.
This is supposed to be government by the people and when individuals abuse the Constitution they are violating the people who actually expect them to act as public SERVANTS.
Why is Kyle Rittenhouse even being forced to defend himself in such a clear cut case of self defense?!! Because some Communist Bitch says so! WAY PAST TIME TO SET THIS LOAD OF BOVINE SCATOLOGY RIGHT!!!
It is astounding, disgusting and very disheartening to imagine that a young man’s life is in the hands of such pandering FOOLS!
Kyle Rittenhouse is THE litmus test of the 2nd Amendment. If he is found guilty by this Democrat judicial lynch mob, God have mercy on us, for we have truly and irrevocably lost the America we once knew to the forces of evil !! The American public has now become a nation of sheep . During all of the insurrection, Burning, Looting and Murder- not one organized effort was put forth to say enough is enough, not even the police. It will be time to refresh that Tree of Liberty, but I fear that the Conservative sheep and the turncoat… Read more »
Mr Rittenhouse is an American Hero. He acted in self-defense. These charges need to be dismissed eo instante. And those who are persecuting/prosecuting Mr Rittenhouse need to be disbarred and made to a long term of harm time.
Get ready for a gaggle of new Federal laws against armed self defense, Castle Doctrine and Stand your Ground Laws by the Biden Communist Regime. Biden presents an existential threat to our freedoms, natural rights, and the Republic of the United States. If we are to live as free men, with the rights of self defense and to be secure in our homes we must never allow a communist government to rule over us.
Binger and Zaph have stepped in catshit and are tracking it all over the courtroom. The whole thing stinks.
The big picture is that from George Zimmerman to Kyle Rittenhouse and the McCloskeys, you will be punished for standing up to the mob. Even if eventually found not guilty, anyone who does so will be jailed, face a lenthy, expensive trial and have their name dragged through the mud by the leftist media.