Rittenhouse, Grosskreutz Hearings, Trial Delayed until November, 2021

Screenshot of pre-trial hearing on 10 March, cropped and scaled by Dean Weingarten

U.S.A.-(AmmoLand.com)- On 10 March 2021, there was a pre-trial hearing on the Kyle Rittenhouse self-defense case in Kenosha County.  Judge Schroeder of Kenosha presided over the hearing with his usual competency. DA Thomas Binger seemed considerably subdued compared to his demeanor on 11 February, when Judge Schroeder had to repeatedly correct him on the law, bond procedure, and the facts.

Link to pre-trial hearing on 10 March 2021

The hearing took a little over four minutes. There were no contentious outbreaks. Conspicuously absent was Anthony Huber’s father, John Huber, who smeared Rittenhouse in the hearing on 11 February, and brazenly gave the middle finger salute to Judge Schroeder; and Steve Art, the attorney for John Huber, from the Chicago office of Loevy and Loevy.

Perhaps Art believed that discretion was the best policy after reviewing his client’s performance on 11 February.

DA Thomas Binger stated he had been in off-the-record discussions with Kyle Rittenhouse’s attorney Mark D. Richards. The prosecution desired to delay the start of the trial. From Thomas Binger:

“There are a number of outstanding issues of discovery, DNA testing and some other issues that need to be taken care off. 

There also are some logistics with regard to the eventual jury that will need to be hammered out. 

So in terms of scheduling going forward, attorney Richards and I have discussed the option of setting a trial date sometime in the fall, and trying to see if we can work toward that. “

Kyle’s attorney, Mark Richards said they were interested in setting a fall trial date. He said:

We’re interested in moving this matter forward. But, whatever the Court decides, we will abide by it. 

Judge Schroeder asked Kyle if he had a problem with the delay. Kyle said, removing his mask, momentarily:  

No Your Honor.

The Court eventually decided to make 1 November for the trial date, with a review of status in about two months.

Why the KCDC Inmate in the upper left corner of the Zoom screen was included, was not explained.

Delays in trial dates usually work for the advantage of the defense, but this is not an ordinary case.

While researching the Rittenhouse hearing, it was determined Gaige Grosskreutz had a hearing on February 22, on his second Operating While Intoxicated (OWI) charge.  The hearing is available on Youtube.

Youtube of Grosskruetz hearing on 2nd OWI. Feb 22, 2021.

In the hearing on the OWI charge, Grosskreutz is represented by a different attorney than Kimberly Motley, who is representing him in the Rittenhouse case.

Grosskreutz has a long list of interactions with the police, including a misdemeanor conviction. He has been able to avoid any felony convictions, which is why he had a legal Wisconsin Concealed Carry permit when he aggressively pursued Kyle Rittenhouse.

Grosskreutz was wounded while threatening Rittenhouse with a pistol.

The OWI charge was from an arrest on 6 October 2020, six weeks after the confrontation with Rittenhouse on 25 August 2020.  Kenoshaeye writes the charge seems like a slam dunk:

The criminal complaint is below and it very much looks like a slam-dunk OWI. On October 6, 2020, Grosskreutz was pulled over by Officer Lazaris of the West Allis Police for failure to use his turn signal. The officer spoke to Grosskreutz and smelled alcohol on his breath. He also had red, glassy eyes and slurred speech. West Allis has body-cams which would confirm this. Grosskreutz was not cooperative with police and refused to participate in any of the Field Sobriety tests. Police brought him to the hospital and drew his blood. It tested at .212 g/100mL of ethanol, almost 3 times the legal limit in Wisconsin.

Being in court for another OWI charge does not help Grosskruetz’ credibility in the Rittenhouse case, where he is often referred to as a “victim” instead of being the aggressor. There has been almost no coverage of the OWI charge against Grosskreutz, in comparison to national coverage of Rittenhouse legally having three beers.

Grosskreutz has been reported as telling a friend he regretted not killing Rittenhouse. From rt.com:

Gaige Grosskreutz was armed with a pistol when 17-year-old Kyle Rittenhouse blew his bicep apart with a semi-automatic rifle in Kenosha, Wisconsin. In a Facebook post that’s gone viral, Grosskreutz regrets not killing the teen.

Multiple screenshots of the Facebook post are available online. The post is likely to figure prominently in the Rittenhouse trial.

Gaige Grosskreutz’s criminal history becomes important in establishing the credibility of Kyle Rittenhouse’s contention he was acting in self-defense. The two attackers which were shot and killed were both convicted violent felons.

It appears the Grosskreutz OWI case may be delayed until after the Rittenhouse trial.


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.

Dean Weingarten

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Laddyboy
Laddyboy
2 months ago

JUSTICE DELAYED IS JUSTICE DENIED!!

Austin
Austin
3 months ago

Thank you, Mr. Weingarten for continuing to follow this case.

Laddyboy
Laddyboy
3 months ago

JUISTICE DELAYED —- IS —- JUSTICE DENIED!!!!!!!!!!

swmft
swmft
3 months ago

he was likely drunk during the altercation with kyle, and as you know guns and any kind of mood enhancer dont mix ,for that mater any tool can be a danger to user or those nearby when one is not in control of their facilities (to tired counts )

gregs
gregs
3 months ago
Reply to  swmft

when he went to the hospital i wonder if he had blood drawn for surgery? they could test that and see if he had alcohol in his system when he was shot and had his concealed carry weapon on him, a felony if he was intoxicated.

uncle dudley
uncle dudley
3 months ago

Would be nice to know if this guy has lost his conceal and carry license, nothing was said whether he had a firearm on him when arrested for his OWI charge.
He has shown a pattern of drinking to excess so if he hasn’t lost his license for carrying I wonder why not.

Charlie Foxtrot
Charlie Foxtrot
3 months ago
Reply to  uncle dudley

There I thought such licenses should not exist in the first place.

Tionico
Tionico
3 months ago

they should not, but they DO at present. ANd part of the game to gt/keep them is no felonies. Most drunk driving counts are felonies, particulary when they are for a BAC blood draw of twice or more the state max allowed.. Which is another stupid lw, because different people respond differently to various levels of booze in their veins. But there is little question that this clown was WAY oer any safe limit. The bodycam clips will be damning, right along with the blood tox report.

Laddyboy
Laddyboy
3 months ago
Reply to  uncle dudley

Unk: Why is he able to still have his “government permit” to drive?? A DRUNK driver killed MY SISTER!!!!!!!