Jury to get to weigh some lesser charges in Rittenhouse case
Schroeder said he was inclined to allow a lesser charge of second-degree reckless endangerment when it comes to endangering the reporter, but he might not. He said he would not allow the lesser charge in the case of the unidentified man who tried to kick Rittenhouse.
Rittenhouse also faces one count of first-degree intentional homicide in Huber’s death. That's the most serious charge against him and carries a mandatory life sentence. Huber swung his skateboard at Rittenhouse shortly after Rittenhouse killed Rosenbaum.
The defense did not object to adding lesser counts of second-degree intentional homicide and first-degree reckless homicide as it relates to Huber. It did object to adding a charge of second-degree reckless homicide. Schroeder said he “embraced” that argument.
Rittenhouse also faces one count of attempted first-degree intentional homicide for shooting and wounding Grosskreutz in the arm. Grosskreutz, who had a gun in his hand, confronted Rittenhouse right after Rittenhouse shot Huber.
Prosecutors asked to add second-degree attempted intentional homicide, first-degree reckless endangerment and second-degree reckless endangerment options. Rittenhouse attorney Corey Chirafisi didn't object to the second-degree attempted homicide count, but he objected to adding the reckless endangerment counts, saying he doesn't believe someone can “attempt to be reckless.”
Schroeder said he would mull it over but was inclined to agree with prosecutors.
Rittenhouse is also charged with possessing a dangerous weapon while under the age of 18. It was not clear Friday what Schroeder intended to tell jurors on that charge.
Legal observers said both sides got some wins during the hearing. Julius Kim, a Milwaukee criminal defense attorney and former prosecutor, said no matter how confident Rittenhouse may be of his defense, accepting the lesser charge on the most serious count minimizes the risk of him being convicted and sentenced to life in prison.
“I think that they recognize it could be a good thing for Mr. Rittenhouse to allow the jury to potentially convict him of a lesser offense if they convict him of anything,” Kim said, adding that the lack of a defense objection on that count could signal that they might not be confident in an acquittal.
Still, the fact that prosecutors are seeking a lesser offense is a “tacit acknowledgement” that they aren't confident the jury will convict Rittenhouse on the original charges.
“I think they are trying to salvage something at his point in time,” Kim said.
Michael O’Hear, a criminal law professor at Marquette University in Milwaukee, agreed, saying lesser included charges are usually sought by the defense.
“Normally the prosecutor would not request a lesser included instruction if the prosecution had a very high degree of confidence in the likelihood of conviction of the greater offense," O'Hear said, noting that adding it “practically invites the jury to compromise on the lesser offense.”
Testimony in the case ended Thursday after nearly two weeks. The most riveting moment in the trial came when Rittenhouse told the jury that he was defending himself from attack when he used his rifle to shoot the three men.
Closing arguments will be Monday, after which names will be drawn to decide which 12 jurors will deliberate and which will be dismissed as alternates. Eighteen people have been hearing the case. The panel appears to be overwhelmingly white, like Rittenhouse and those he shot.
The protests were set off by the wounding of Blake by a white police officer. Rittenhouse went to the protest with a rifle and a medical kit in what the former police and fire youth cadet said was an effort to protect property after rioters set fires and ransacked businesses on previous nights.
The case has stirred fierce debate over vigilantism, self-defense, the Second Amendment right to bear arms and the unrest that erupted throughout the U.S. over the killing of George Floyd in Minneapolis and other police violence against Black people.