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In count 2, 1st degree recklessly endangering safety. This one is in regards to Richie McGinnis, who was near Rosenbaum when he was shot. Again, prosecution asks for 2nd degree to be considered. #RittenhouseTrial
Judge says he’ll take it into consideration, adding his inclination is being in favor of allowing it. This is in regards to count 2. #RittenhouseTrial
Discussion continues to count 4, first degree recklessly endangering safety, use of a dangerous weapon. This is in regards to the unidentified man known as “jump kick man”. State is asking for 2nd degree consideration here too. #RittenhouseTrial
Judge says he doesn’t think there’s a dispute in the evidence when it comes to jump kick man. He says video shows he kicked the defendant in the head, fired, and missed. He questions on what ground could the jury convict on a lesser charge and not the greater? #RittenhouseTrial
Judge says he will not allow the instruction on the lesser charge when it comes to jump kick man. #RittenhouseTrial
My live tweeting of the #Rittenhouse discussion will be on pause while on a separate assignment. I expect to resume in about half an hour.
I’m back from a separate assignment. Discussion continues about the possession of a dangerous weapon by a person <18. They’ve evolved into discussion on provoking. We saw this yesterday w/the enlarged photos. State says defendant raised gun 1st, arguing photos show that.
Judge says they’re “taking a minute”. #Rittenhouse
They’re back from break. They’re back to discussing provocation. They’re talking about the evidence where Rosenbaum yells “gun, gun, gun”. State argues #Rittenhouse raising his gun is clear provocation.
Judge has asked to see the best version of the video in question. They’re working on getting up on the screen. Judge comes off the stand to see it up close. He’s currently seeing the unedited version. #Rittenhousejudgepic.twitter.com/ay0yfNjkfz
Judge takes a seat as they wait for the other version to appear on the screen. #Rittenhousejudgepic.twitter.com/oa5VEeb3xA
After viewing the clips in question, the judge has said he’s allowing the instruction on provocation to be given to the jury. #RittenhouseTrial
They’re now viewing the video where a crowd is seen, some people are damaging cars, and then they scatter when shots ring out. #RittenhouseTrial
The video was in regards to the instruction of retreat. Judge says his inclination is to give the instruction for retreat.
The state has asked about using clips of testimony during closing arguments. They’re discussing it now. #RittenhouseTrial
Judge is now talking to #Rittenhouse about lesser included offenses.
While #Rittenhouse is asked if he’s of sound mind there’s a pause and his attorney tells the judge he has PTSD from this shootings and is in therapy.
Conference has wrapped up. Jury will return Monday to hear closing arguments and receive instructions on deliberation. #RittenhouseTrial
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