The prosecution and the defence will make opening arguments on Tuesday in the trial of a U.S. teenager charged with fatally shooting protesters in Wisconsin last year, launching the most high-profile civilian self-defence case in nearly a decade.
Kyle Rittenhouse, 18, is charged with reckless and intentional homicides in the killing of two men and the wounding of a third with an AR-15-style rifle on a chaotic night of protests on Aug. 25, 2020, in the city of Kenosha. Rittenhouse has pleaded not guilty to seven charges overall and says he acted in self-defence.
The unrest had been sparked by a white police officer’s shooting of a Black man, Jacob Blake, just three months after the police killing of George Floyd, another Black man, in Minneapolis sparked nationwide protests over racism and police brutality.
Rittenhouse has emerged as a hero to some conservatives who believe in unfettered gun rights and see the shootings as justified during the chaos that had engulfed Kenosha. Many on the political left have labelled him a vigilante killer, as he travelled over the border from his native Illinois to retrieve a weapon he had a friend purchase for him in Wisconsin earlier in the summer, as he was just 17 at the time of the shooting.
WATCH | At least 2 versions of what transpired during Kenosha protests:
![](https://thumbnails.cbc.ca/maven_legacy/thumbnails/96/398/rittenhouse-gun-rights-ormiston-070920.jpg?crop=1.777xh:h;*,*&downsize=510px:* 510w")
Gun-rights and armed-self-defence advocates have turned Kyle Rittenhouse, charged with intentional homicide in the shooting deaths of two protesters in Kenosha, Wis., into their latest poster boy and are raising money for his defence. 2:38
The prosecution, led by Kenosha County assistant district attorney Thomas Binger, began their opening statements just around 10:20 a.m. local time on Tuesday.
The prosecution is expected to argue that Rittenhouse was looking for a chance to use his weapon and was the aggressor in the deaths of Joseph Rosenbaum, 36, and Anthony Huber, 26, and in the shooting of Gaige Grosskreutz, 27, who survived.
They will likely say the three men he shot were trying to disarm him, according to past court filings in the case.
“In the midst of this crowded scene, the defendant shot and killed Joseph Rosenbaum and then fled on foot, creating a dangerous active shooter situation,” Binger wrote in a February court filing.
“Several people pursued the defendant and attempted to stop him because they had no idea what his intentions were or whether he would kill again.”
Concept of reasonable force to be debated
Legal experts have said the prosecution faces a tough task, however, in convincing a jury that Rittenhouse did not fear for his life, given video evidence showing all three men were advancing toward him, with two appearing to reach for his weapon and one armed with a pistol, when he fired.
Under Wisconsin law, people can only use deadly force if they “reasonably” believe it necessary to prevent someone from killing or causing great bodily harm to them.
Deciding what is reasonable will fall to a 20-person jury selected on Monday after lawyers and the judge vetted candidates for biases, with many questions focused on their views on the protests and their experiences with guns.
Kenosha County Circuit Judge Bruce Schroeder criticized the 2020 presidential campaigns of both major parties for their comments on the case. Days after the shootings, President Donald Trump suggested Rittenhouse had acted in self-defence while Joe Biden, Trump’s Democratic challenger at the time, accused Trump of stoking violence with his rhetoric.
“This case has become very political,” Schroeder said, urging the jurors to be “fair and impartial” for a trial he has projected will last about two weeks.
The trial is poised to be the biggest U.S. court test of a civilian’s right to self-defence since George Zimmerman was acquitted in 2013 in the fatal shooting of Trayvon Martin, an unarmed Black teenager.
LISTEN | What three trials unfolding the U.S. could reveal about racism in the legal system:
9:46What three trials unfolding now could reveal about racism in the American legal system
Racism and political violence are front and centre in three U.S. courtrooms this week. In Charlottesville, Va., the federal civil case against some of the hate groups that organized the 2017 Unite The Right Rally began. In Madison, Wis., pre-trial proceedings have begun in the criminal trial of Kyle Rittenhouse, who shot and killed two Black Lives Matter protesters and wounded a third in Kenosha, Wis., last year. And in Brunswick, Ga., jury selection has begun in the criminal trial of three white men who chased down and killed an unarmed Black man named Ahmaud Arbery in February 2020. The circumstances in each case are different, but Nicole Lewis, senior editor of the Jurisprudence section at Slate, says they all tell the story of the U.S. justice system’s inability to genuinely deal with racism. 9:46
Rittenhouse’s lawyers will likely try to portray the men he shot as bad actors involved in lawless behaviour, giving him reason to fear for his safety. They may highlight the expected testimony of a reporter named Richard McGinnis, who told police that Rosenbaum tried to grab the barrel of Rittenhouse’s rifle before the teenager shot him.
They are also expected to stress audio and video evidence of protesters yelling things like “Get his ass!” as Rittenhouse stumbled and fell to the ground before shooting Huber, who swung a skateboard at him, and Grosskreutz, who was holding a pistol.
The 20-member jury will be composed of 11 women and nine men. The group will be cut to 12 for final deliberations.
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