Kyle Rittenhouse
The judge in the murder trial of Kenosha, WI, shooter Kyle Rittenhouse clearly is trying to arrange for a not-guilty finding, according to a legal expert. The expert, a professor at a school of law in the Upper Midwest. also notes that a prosecutor failed to properly address a key piece of evidence that points to Rittenhouse's guilt. Testimony has concluded, and closing arguments are expected to begin on Monday.
It all suggests that a killer likely will go free and points to the corruption and incompetence (or both) that infests our "justice system." Jeffrey Swartz, professor of criminal law at Western Michigan University, is a former judge, prosecutor, and defense attorney. Swartz does not like what he sees at the Rittenhouse trial. From a Cooley Law School press release:
Western Michigan University Cooley Law School Professor Jeffrey Swartz, who previously served as a judge in Florida’s Miami-Dade County and as a prosecutor and defense attorney, believes Judge Bruce Schroeder’s rulings from the bench are one-sided in favor of the defense. “It’s abundantly clear the judge is trying to direct the case toward an acquittal,” said Swartz.
Additionally, Swartz believes the judge “may reserve ruling on the defense’s motion for a mistrial until or unless the jury comes back with a verdict of guilty.” Swartz says, “if the jury comes back with a guilty verdict, the judge could then rule a mistrial. I do not believe the prosecutor’s actions were that egregious to justify a mistrial with a finding of purposeful and calculated misconduct. ”
When discussing this trial Swartz notes that “it’s true, judges can substantially affect outcomes, which is being demonstrated by Judge Schroeder’s rulings and his demeanor toward the prosecution.”
As for the prosecution, its performance has been less than stellar, Swartz notes:
Swartz notes that the prosecutor, Assistant District Attorney Thomas Binger, missed an important piece of evidence when laying out his case. Swartz said, “photos show Rittenhouse walking with his gun strapped over his shoulder with his finger on the trigger and safety in the off position before any of the shootings happened. Rittenhouse said he feared individuals were going to steal his gun. But his actions, including having the gun strapped to his body, with his finger on the trigger, and the gun’s safety not activated, indicate he was prepared to kill and open to the opportunity to kill.”
