rosenbaum. mr. rosenbaum raises his arms off to the side. the defendant approaches these cars and slows down, and then turns and shoots mr. rosenbaum. finally, i'm going to play you exhibit 86. this shows you the final part of that zoomed in and slowed down. here is the defendant running in between those parked cars slowing down, and you can see just how close or rather how far away mr. rosenbaum was when the defendant shot him. you can see from this video that mr. rosenbaum is not even within arm's reach of the defendant when the first shot goes off. the defendant fires four shots in quick succession, and i'll come back to this in a moment, but you'll note during this entire sequence, it's the defendant who chooses where to go. he's the one who decides to run where he runs. and he slows down right as he gets to these parked cars. that's what allows rosenbaum to get closer. we've seen this on the aerial footage from the fbi, and i want you to see that perspective as well. this is exhibit 25. this is the annotated aerial footage. you see the

rosenbaum. he throws a bag at rittenhouse. he's then charging at rittenhouse. rittenhouse is running away. rittenhouse isn't running towards rosenbaum. and then -- this is critical. there's soon on the hand of rosenbaum. what does that tell you? that tells you that rosenbaum's hand is almost on the gun of rittenhouse. so arguably that makes rittenhouse in fear for his life and he shoots. look at huber. there was videotape of rittenhouse being on the ground after being hit with a skateboard. then you have gaige grosskreutz testifying that he did point a gun at rittenhouse before rittenhouse shot. so all of this videotape evidence shows that those three are the aggressor. the last point i want to make, martha, binger admitted at the end of his closing argument, he said if that was me, i wouldn't have done what he's gentlemen did. that to me is the theme of the defense's case. these three gentlemen, why did they do what they did? they should have walked away. rittenhouse points his gun. walk away.

rosenbaum. he attempted to execute it. i don't for a minute believe that he would have done it if it was mr. balch who is much bigger than my client, muscular, well-built. much more assertive and forceful. rosenbaum like any as he referred to him -- i don't know what he called him, a ragdoll or whoever. but the little guy who gets beat up likes to go after the next littlest guy. he saw kyle alone. that's what he chose to. or he could have been mistaken and thinking it was the other person that he went after and had to be held back. they were dressed very similarly. baseball caps, mask. the only difference is the difference between shorts and long pants. i can't answer that. mr. rosenbaum i guess can't either at this point. but you see mr. rosenbaum ride around the time in question at that location menacing with his chain. that's mr. balch. i talked about him going on. mrs. amber rasmussen. she was the dna expert. what i say to you is dna is an incredibly useful tool. but dna is only as useful as

rosenbaum. this is the time where mr. rosenbaum essentially does a little hop with both of his hands in the air and the defendant has testified he saw at that moment that there was nothing in the defendant's hands. or in mr. rosenbaum's hands. he was unarmed. there is the defendant turning and pointing the gun. mr. rosenbaum leaps, as hands out to the air. then watched here at the end, this is where the shooting occurs. mr. rosenbaum is not even within arms reach when the first shot occurs. i'll play that again. the defendant is pointing the gun at mr. rosenbaum and mr. rosenbaum raises his arms off to the side. the defendant approaches the scars and slows down. and then turns and shoots mr. rosenbaum. finally, i will play you exhibit 86. this shows you the final part of that zoomed in and slowed down. here's the defendant running in between those two parked cars slowing down and you can see just how close or rather how far away mr. rosenbaum was on the defendant shot him. you can see from this

rosenbaum. dumpster number two. >> you hear the voice? why you do that? there's mr. rosenbaum arguing. mr. ziminski, the smiling puppeteer standing behind him. yeah, they didn't know each other. maybe they didn't, but they sure spent a lot of time together that night. mr. ziminski with the yellow circle, holding his firearm. yellow pants, kelly ziminski with a flashlight in her hand. last time i checked there wasn't any lighting problems. the flashlight is a weapon to bash heads if you have to. many people with ar-15s. not one person with an ar-15. that's the difference between this, the ultimate gas station fracus and what happened down at car source 3. kyle rittenhouse was alone. he had been taken away from the herd and mr. rosenbaum and mr. ziminski were going to get him. movement. mr. rosenbaum and his bag. he's not dissuaded by the people. he's going right at them. [ yelling ] he's not afraid of them. he's pushing in and going at them. he's not afraid of a gun. yelling. shoot me, "n" word,

rosenbaum. you hear the voice. there is mr. rosenbaum arguing. they didn't know each other -- maybe they didn't, but they sure spent a lot of time together that night. holding his firearm, yellow pants. flashlight in her hand for the last time i checked, there wasn't any lighting problems. the flashlight is a weapon to bash heads if you have to. many people with ar-15s. not one person with an ar-15. that is the difference between this and what happened down at car source three. kyle rittenhouse was alone. he had been taken away from the bird and mr. rosenbaum was going to get him. movement. mr. rosenbaum and his bag -- she's not dissuaded by the people. he's going right at him. he's not afraid of them, he's pushing an end going at them. he's not afraid of a gun. yelling. shoot me, unworried. pulling his gun down to his side. remembering this is black lives matter and he's there to support their cause. yeah right. mr. huber holding him back, physically holding him back. right in the middle of it. look at the anger in his face. this, here. i going

rosenbaum. mr. rosenbaum raises his arms off to the side and the defendant approaches these cars and slows down and then turns and shoots mr. rosenbaum. finally i'm going to play you exhibit 86. this shows you the final part of that zoomed in and slowed down. here's the defendant running in between those parked cars, slowing down and you can see just how close or rather how far away mr. rosenbaum was when the defendant shot him. did you see from the video that mr. rosenbaum is not even within arm's reach of the defendant when the first shot goes off? the defendant fires four shots in quick succession. and i'll come back to this in a moment but you'll note during this entire sequence, it's the defendant who chooses where to go. he's the one who decides to run where he runs. and he slows down right as he gets to these parked cars. that's what allows rosenbaum to get closer. we've seen this on the aerial footage from the fbi, and the i want you to see that perspective as well. >> this is exhibit 25. th

rosenbaum. >> yes. >> you saw mr. rosenbaum. what happened? >> once i got to that car and i stepped forward to put that fire in the duramax out and mr. zaminsky stopped towards me, i went to run back south down sheridan and mr. rosenbaum was right at the corner of the duramax starting to chase me. that's when i realized the only place i can run with the people around me is straight towards the building of the car source lot number three. >> when you saw mr. rosenbaum, that's when you said friendly, friendly? >> when i heard burn inside, i don't know the time of that. >> did mr. rosenbaum say anything to you? >> no. mr. zaminsky advised mr. rosenbaum to get him and kill him, what i heard. >> you go running to what's been referred to the southwest corner of car source? >> yes. >> as you're running in that direction, describe being chased, what was happening? >> as i'm running in that southwest direction, mr. rosenbaum throws -- i know it's a bag now, but when he threw it at me with the light, it looked silver and it looked like the chain when he

rosenbaum, mr. rosenbaum was now running from my right side, um, and i was cornered from in front of me with mr. zaminsky and there were -- there was three people right there. that's when i run -- >> we're going to just take a break anyway. you can just relax for a minute, sir. we're going to take a break. about ten minutes, and please don't talk about the case during the cas or read, watch, or listen. >> good wednesday morning to you. craig melvin here in new york city. all eyes and ears on that courtroom in kenosha, wisconsin. kyle rittenhouse on trial. kyle risen house on day 7 of this trial. taking the stand in his own defense. you just heard him there becoming apparently a bit emotional, talking about the circumstances that led to the shooting of three people. anthony hubert, joseph rosenbaum, and gaige grosskreutz. the 27-year-old survivor we heard from yesterday the testifying injured by rittenhouse. of course, kyle rittenhouse has claimed it was all in self-defense. he's pleaded not guilty.

nancy: rosenbaum? >> one person -- >> rosenbaum. >> one person admits he had a gun to the face, they were founding at him, he was not just walking -- >> you are talking about after rosenbaum was shot, skateboard attack. and the third victim. hey, you know. when you were talk become the weapon, you done mention 1300 mph ? >> not sure if that is accurate, pollutes are rated in feet per second velocity. >> translated it 2200 -- my math was wrong, 1300 feet per second like. >> based to ammunition from that. it translates out if you do mag 2200 miles per hour. i try to translate this for the lay people, they understand miles per hour better than feet per second. >> anyways. >> guys, the jury is set for closing arguments to start at 0900 tomorrow morning, will it happen? will they buy kyle rittenhouse's claim of self-defense? >> [gaming sounds] [gaming sounds] [gaming sounds] just think, he'll be driving for real soon. every new chevy equinox comes standard with chevy safety assist, including automatic emerg

joseph rosenbaum. he's dead. we don't know what he was thinking and we don't know what was going on in his mind. that makes him an easy target for the defense today because they can pile on him and destroy his reputation and he can't speak for himself. that happens a lot in homicide trials. blame the victim. the lack who can't themselves. i went to lee about joseph rosenbaum and you've heard testimony about him. he'd been in the hospital. had a clear plastic bag with his possession. toiletries, a water bottle. you get it in the hospital. it's common. he's walking around like it is his only possession in the world. he visits his girlfriend and happens to wandered downtown into the middle of civil unrest. no indication he planned to be there and no indication he is part of any movement. he just happened to stumble into it. what does he do that night? let me tell you. he tipped over porta potty that had no one in it. he swung a chain. he lit a metal garbage dumpster on fire. and there is an empty wooden flatbed trai

nancy: rosenbaum? >> one person -- >> rosenbaum. >> one person admits he had a gun to the face, they were founding at him, he was not just walking -- >> you are talking about after rosenbaum was shot, skateboard attack. and the third victim. hey, you know. when you were talk become the weapon, you done mention 1300 mph ? >> not sure if that is accurate, pollutes are rated in feet per second velocity. >> translated it 2200 -- my math was wrong, 1300 feet per second like. >> based to ammunition from that. it translates out if you do mag 2200 miles per hour. i try to translate this for the lay people, they understand miles per hour better than feet per second. >> anyways. >> guys, the jury is set for closing arguments to start at 0900 tomorrow morning, will it happen? will they buy kyle rittenhouse's claim of self-defense? >> it's the season of smiling. and at aspen dental, we make it easy to gift yourself the smile you deserve. new patients, start today with a full exam and x-rays, with no obligation. if

rosenbaum begins chasing him. you hear on the tape, he yells, friendly, friendly, friendly, three times. he thinks that if he just says the magic words, they'll stop. they don't. they could have -- mr. rosenbaum could have looked at it and said, hey, you're not trying to harm anybody. i'll leave you alone. is that what happened? no. he said, you ain't going to do shit, mother fer and began to continue to chase him. mr. rosenbaum made a fatal mistake. that day, chasing kyle rittenhouse into the corner. he ran as far as he could. and he shot. four times in three quarters of a second. mr. binger makes so much of kyle's residence. antioch, illinois. i think most people here know where it is. it's not a foreign country. antioch, illinois, right across the border. he worked in kenosha. his dad lived in kenosha. his grandmother lived in kenosha. he worked in pleasant prairie. his best friend dominick black lived in downtown kenosha. they want you to believe that there's some sinister thing about that. ladies and gentleme

that ultimately led to rosenbaum's death. rosenbaum was the first person who he shot and killed and then we saw him replay this video in slow motion over and over again showing just how far away rosenbaum was to rittenhouse when he opened fire. now, rosenbaum did not have any kind of firearm on him, and we heard in the testimony from rittenhouse previously that he knew that. he knew rosenbaum was unarmed, so your thoughts on the strength of that argument and the evidence, the video evidence of just how far away rosenbaum was. >> great question, ana and good to be with you and lawyer ark. the bottom sideline that the prosecution was buoyed by this notion of provocation, right? it's very important because the judge instructed on it. what does it mean? it means, yes, have you a right to defend yourself. you have a right to self-defense. if you feel three pillars that you're in med fear of death or bodily injury, you can stopped and it has to be commence rat with the situation involved. if you provoked it and were the initial agg

rosenbaum? >> i believe there were other demonstrators around. >> and you've seen in this trial there's been a lot of video footage of that night, correct? >> yes. >> and you've seen in this trial that there's a lot of video footage of you that night, correct? >> yes. >> you'd agree with me there's no video of either one of these ath threats, correct? >> i don't know if somebody filmed it that i'm aware of right now. >> you're not aware of any, are you? >> i'm not. >> so mr. rosenbaum looked like that at the time of the first threat, then looked different at the time of the second threat. is that right? >> yes. >> did you say he was carrying the chain when he made the first or second threat? >> the second. >> and still carrying the plastic bag sfl. >> yes. >> it has a clear side to it that allows you to see inside of it, right? >> sort of. i didn't really look into the bag. >> so you didn't know what was in the bag at all? >> i didn't. >> did he swing the chain at you when he made the second thr

they didn't talk about who joseph rosenbaum was. they didn't talk about the fact that he was a convicted pedophile. oopsys, they forgot to mention the fact both of these men were white! this case -- and i want to be very clear here for everybody watching -- has nothing to do with black america! this has nothing to do with race or black america. really, guys, we can sit this one out for once but the media was infested. what's rally interesting, tucker, if you go back and look at the timeline. this happened in august 2020 just ahead of the election. people in the media were saying literally that kyle was radicalized by trump and there it is, the freudian slip. this is what it's really about the media was obsessed with the race narrative during the black lives matter, why? they took everything including an innocent white teenager that had an incident that occurred with two white convicted felons. they were willing to defend the two pedophiles because of the parasitic beast they want to off if ther to all americans. >> tucker: if you ha

rosenbaum and mr. rittenhouse are alive. >> reporter: in total, rittenhouse faced six charges until the misdemeanor of a minor in possession of a weapon was dismissed early in the day. over the gun not being long enough, under wisconsin statutes to be considered illegal in the hands of a minor. but rittenhouse still faces five felony charges. all of which, he pleaded not guilty to. the most serious comes from the shooting and killing of anthony huber. second of two people killed that night. rittenhouse faces first-degree intentional homicide but the lesser offenses of second-degree intentional homicide or first-degree reckless homicide could also be considered. those offenses could be considered if the jury is not satisfied of guilt beyond a reasonable doubt on the original charge. in regards to the shooting of gaige grosskreutz, who survived after being shot, rittenhouse is charged with attempted first-degree intentional homicide with the use of a dangerous weapon. the judge said the jury could consid

rosenbaum. i don't know who threw it. somebody threw a chemical bomb and ryan had some effects of it. so i helped him with being able to breathe and i helped flush his eyes out and had him drink some water. >> okay. in the answer to the question just before you said something about being pepper sprayed. >> i did. >> where did that happen? >> it happened at the car source right i believe it's the first time a big crowd of people were over there. i was pepper sprayed by somebody that was in the crowd. i don't know why but i was pepper sprayed. >> did you do anything in retaliation? >> i did not. >> now, directing your attention to later in the evening, did there come an occasion where you had contact with mr. mcgibbons? >> there was. before this evening august 25th, 2020, had you ever met or spoke to mr. mcginnis? >> i had not. >> you and mr. mcginnis and ryan go someplace? >> yes, i get done with my interview with mr. mcginnis and i asked him -- no, i don't ask him. i said if you want to come with us that's fine to documen

rosenbaum and mr. rittenhouse are alive. >> reporter: in total, rittenhouse faced six charges until the misdemeanor of a minor in possession of a weapon was dismissed over the gun not being long enough to be considered illegal. rittenhouse still faces five felony charges, all of which he pleaded not guilty to, the most serious from the shooting and killing of anthony huber, second of two people killed that night. he faces first-degree intentional homicide. lesser offenses of second-degree homicide or first-degree homicide could be considered. they could be considered if the jury is not satisfied of guilt beyond a reasonable doubt on the original charge. in regards to the shooting of gaige grosskreutz who survived, rittenhouse is charged with attempted first-degree intentional homicide with the use of a dangerous weapon. the judge said the jury could consider attempted second-degree intentional homicide and first-degree recklessly endangering safety. on top of those two charges he also faces two counts

rosenbaum and mr. rittenhouse are alive. >> reporter: in total, rittenhouse faced six charges until the misdemeanor of a minor in possession of a weapon was dismissed over the gun not being long enough to be considered illegal. rittenhouse still faces five felony charges, all of which he pleaded not guilty to, the most serious from the shooting and killing of anthony huber, second of two people killed that night. he faces first-degree intentional homicide. lesser offenses of second-degree homicide or first-degree reckless homicide could be considered. they could be considered if the jury is not satisfied of guilt beyond a reasonable doubt on the original charge. in regards to the shooting of gaige grosskreutz who survived, rittenhouse is charged with attempted first-degree intentional homicide with the use of a dangerous weapon. the judge said the jury could consider attempted second-degree intentional homicide and first-degree recklessly endangering safety. on top of those two charges he also faces tw

breaking down in tears as he described the moments leading up to shooting rosenbaum. >> mr. rosenbaum was now running from my right side -- um -- and i was cornered from -- in front of me with mr. zaminski and there were -- people right there -- >> we're going to take a break. >> reporter: the judge pausing the proceedings. >> the problem with a breakdown like that is, if you're inclined to believe him, you feel sorry for him. if you're inclined not to believe him, you think he's faking it. and so there's always a danger when something big like that happens in the courtroom. this is a case where, at this point, the defense wants to take as few risks as possible. kyle rittenhouse breaking down on the witness stand could be a risk. it just depends on how the jurors view it. but in the end, i don't think him breaking down on the witness stand is going to make or break this case. >> certainly none of us know a man's heart, but you and i have both covered enough trials to know, what was your reaction to the emotion on the stand? authentic? >> no. to be quite honest with you, no.

rosenbaum at the end. attorney binger had said he is not in this video as it started and you don't hear anything from him. and that is true. at the very end, he is seen standing quite a bit away from mr. bauch and mr. rittenhouse. this is where that supposed threat happened. there's a distance between them. the back, the protesters are pushed back. and you never hear any threat. you hear nothing. and mr. -- and apparently that is what the defense accepting where the threat happened mr. rittenhouse does not accept that he says it happened a block or two north. so they can't agree on when the threat took place. they can't agree on where the threat took place. and it's the only few seconds of that part of the night that is not on tape anywhere. it's another concoction to give credence or to give weight that, oh, he had defend himself against the unarmed man. he doesn't talk about how the defendant came around that dura max and raise -- that didn't seem to be an issue in the case until the defendant lied about

rosenbaum tried to -- >> so you did not think there was a gunshot from joseph rosenbaum. >> i see what your question means now. you didn't see all might think the shot was by -- it had been fired by mr. rosenbaum. >> exactly. >> okay. >> you heard a gunshot. you now know that was joshua, but at the time, you did not think that was joseph rosenbaum. you don't agree with me that you didn't have the right to kill joseph rosenbaum for something joshua does, correct questioning >> yes. >> when you heard that gunshot, you did not know if it was fired up in the air or at rosenbaum or anyone else, did you customer >> i heard from behind me, but i didn't -- >> you did not know where was aimed, correct? you did not feel it hit you, correct question works because correct. >> you did not hear it ricochet anywhere near you. >> correct. >> you received no indication that that gunshot was going to put your life in danger, correct? >> i don't know. >> there were gunshots going off all night long, weren't there? >> sort of? >> firecrackers customer >> yes. >> hard to tell the difference? >> yes. >> rig

rosenbaum. we're going to play the beginning of this video on the ipad and i'm going to have detective howard use the pinch and zoom feature to zoom in on the area -- >> you're, i'm going to object to this. i'd like to be heard outside the presence of the jury. >> let's take a break. please don't talk about the case during the break. >> there you go. the court is taking a break. i'm trace gallagher in for martha maccallum. we'll go back when kyle retakes the stand. he's been on the stand for the better part of an hour, maybe more than an hour. the prosecutor right now is trying to paint this image of kyle rittenhouse going out with this ar weapon and really pointing and painting this picture hoff kyle rittenhouse not necessarily having to be out there. the prosecution's case has been based all along on the fact that they're saying that kyle rittenhouse was out there and didn't need to be out there and if he wasn't out there, that nobody would have been shot. he's charged with killing two men, wo

and in fact, the only bigot on the scene appears to have been joseph rosenbaum. for some reason, and it's on video, rosenbaum kept screaming the n-word and yet it is kyle rittenhouse who joe biden accused of being a white supremacist on the basis of no evidence whatsoever then let's hope at some point he gets sued for that. now they are calling the judge the same thing. >> let's hope the asian food isn't on one of those boats in long beach harbor. >> yes, that was the judge making a joke about asian food during a murder trial but i want to ask you how unusual is the judges conduct currently? >> i think some of the things her way out of line. the comment about the asian food, for example. >> tucker: that's racist. but it's only racist if you are exercising your right to self-defense or if you're trying to conduct a fair trial. you don't inject equity into the trial and judge people on the basis of their skin color rather than what they actually did. you dare to do that in this post equity country, you are by definition of racist. so they won't admit to the public

rosenbaum was doing, to speculate what mr. rosenbaum was doing. to speculate and guess what mr. huber and this unidentified man were doing. we don't know because he killed two of them. all we can look at is the evidence, and see him standing, pretty much, straight up or exactly straight up when he was shot in the hip and immobilized. wh a doubt which arises from a fear return to verdict of guilt is not a reasonable doubt. the defense's whole case has been trying to stoke sympathy for mr. rittenhouse, and showing how everyone else was just a terrible person. every life counts. every life matters. if people did bad things that night, that could've been prosecuted. it's not up for mr. rittenhouse to be the judge, the jury, and eventually the executioner. a reasonable doubt is not a doubt, such as may be used to escape the responsibility of a decision. there's a lot going on in this case, and we all know that. we all knew that from the day we walked in on november 1st. but this verdict should be about what the facts are, and what mr. rittenhouse did. that's what the 12 of you, who g

rosenbaum. he was on the ground. he wasn't lunging or attacking. of course, that was the defense's characterization. so the prosecution actually really delivered. >> in 11 seconds, they summed up what they had a struggle making clear over the last several weeks. i want to play one sound bite from the prosecution. listen. >> you cannot hide behind self-defense if you provoked the incident. if you created the danger, you forfeit the right to self-defense. >> chances that the jury heard that? >> i think they heard it loudly and clearly. i think to alexis' point, i was quite impressed with what the prosecution did. they brought it together. they explained a narrative, and that narrative was compelling as to guilt. prior to going into closings, i was saying, "wow, it looks like defense will run away." now, they really tightened it up. two things would very much concern me as a defense attorney and have me not sleeping well tonight. one of those issues relates to provocation, right? in the event the jury buys the argument that rittenhouse provoked this,

joseph rosenbaum was 36 36 years old. he had just been released that same day from a milwaukee hospital where he had been treated for a suicide attempt. he was unarmed when he was shot by rittenhouse. roosevelt was shot four times. -- rosenbaum was shot four times. after rittenhouse killed rosenbaum, several protesters who believed rittenhouse was an active shooter, begin chasing him. 26-year-old anthony huber tried to disarm him by hitting him with what he had in his hand, his skateboard. rittenhouse shot and killed him within seconds. gaige grosskreutz was the only person who survived being shot by rittenhouse. anthony huber's parents, karen bloom and john huber, said they were heartbroken and angry over the verdict, which they said did not deliver justice for any of rittenhouse's victims. this is anthony huber's father john huber responding to the verdict on cnn. >> we are still in shock here, you know? that guy gets to run free and he is now a hero. this is my son right here. this is anthony. we lost our son and there

rosenbaum? >> i did not. >> didn't see him have a knife? >> no. >> a club or a bat or a chain or nothing like that? >> i just saw the bag that was thrown, that was it. >> reporter: prosecutors took jurors to the moment of the shooting. >> i noticed that he was continuing to advance and that mr. rittenhouse was standing still, based on mr. rosenbaum's, the way that he was running and then eventually lunging towards the front portion of the rifle, it was clear to me that something with the weapon was about to happen and i didn't want to be on the wrong side of that. >> reporter: rosenbaum was. mcguiness was on the scene that night documents the unrest and even spoke to rittenhouse before shots were fired. >> there's somebody hurt? i'm running into harm's way. >> reporter: not long after, he was forced to render emergency aid. >> i was under his right shoulder. there's another individual under his left shoulder and then there were maybe one or two people carrying his legs and i was just telling ing him that we're goin have a beer together afte

rosenbaum, by mr. huber and so this puts the jurors in that situation, that very chaotic scene and he was having to act very quickly. >> i'll also add to that this witness krcorroborates the defendant and his version of the facts. so you want as much evidence supporting his version of the facts. >> paul, the prosecution as you point out, you have sort of been impressed in the negative sense by sort of how they have failed in some ways. one thing that we have seen is the judge admonish the prosecution several times. there was another heated exchange today. it's been almost daily. but let me play what happened today. >> challenge when you say is there something that i'm saying that caused the face that you're making? go ahead, say what you have to say. >> i have to say, your honor, yesterday i was the target of your ire for disregarding your orders. today the defense is disregarding your order. >> but i was talking yesterday about the constitution of the united states and how the supreme court has interp

with respect to the -- >> joseph rosenbaum. >> with respect to joseph rosenbaum. >> his conduct did not create an unreasonable risk to richard mcginnis. >> yeah. i'll do that. any objection? >> no. >> okay. okay. what's next? >> your honor, page -- these are small, but on page 34, two of the witnesses -- you said one of the witnesses had been convicted of a crime. mr. grosskreutz had been convicted of a drim and mr. smith had been convicted of a crime, juvenile adjudication. i think you should say the witnesses -- something like that. >> okay. what page is that on? >> i'm sorry. 34. and we are asking for the -- >> you want the word "some" instead of "one" or "multiple"? >> that's fine. >> how many was it? >> two, that i recall. >> there actually were -- i don't think you asked this. there were other conconvictions but i don't think the question was asked, so two. >> what was the answer? >> two. >> all right. i'll put down two then. >> and then there were some conversations regarding a cautionary instruction regard plg armstrong. >> yeah, i really struggle with that. >> and we had propos

rosenbaum started that fire? >> no. >> are not testifying that anyone else here started that fire, correct? >> i have no idea who started the fire. >> in the video that we played earlier, you are -- this is a video where you are walking down the street and you see the tipped over garbage can, people lighting things on fire and then you start walking the same direction as the defendant. do you remember what i'm talking about? >> yes, it was joseph rosenbaum. >> it was a rosenbaum, further south on sheridan. mr. rittenhouse, and then i don't know if you know this individual. there is a richie mcginnis. do you know who that is? >> yes. >> he was heading the same direction between you and the defendant. is that fair to say? >> yes based upon the footage. >> there comes a time where you may remember, the defendant starts to run. do you remember that? >> i didn't make any videos. >> record it. there comes a time in the video you recorded, and which you saw mr. rittenhouse start running. is that fair to say? >> after jo

rosenbaum -- mr. rosenbaum was now running from my right side and i was cornered from in front of me and there were -- [sobbing] there were people right there. >> take a deep breath, kyle. >> tucker: so after a ten minute break to compose himself, kyle rittenhouse returned to the court room and proceeded to blow up the prosecution's claims that he had racked his rifle in a threatening manner. it turns out he didn't rack his rifle at all and video proved that. and then he it explained why he turned himself in. >> people are saying frame him, kill him, people were screaming and i just was trying to get to the police. >> you say i'm trying to get to the police. why were you trying to get to the police? >> i didn't do anything wrong, i defended myself. >> did you feel as though there were safety where the police were? >> yes. >> tucker: they didn't really have a response to that since it's all on videotape. it's probably true. so instead, the lead prosecutor in the case, in today's case, who is essentiall

rosenbaum was shot several times. but today, the medical examiner who performed rosenbaum's autopsy testifying he believes the shot that killed him hit him in the back. >> if an individual is moving forward and they sustained that injury that entered by the groin and went to the hip, could that cause them to fold forward? >> that's possible. >> reporter: but the defense then disputing that notion, suggesting rosenbaum wasn't falling, but instead lunging for rittenhouse's gun, asking the medical examiner if that was a possibility. >> okay. if i was charging like a bull and diving, that would be consistent? >> it would be. >> reporter: rittenhouse looking away when jurors were showed graphic autopsy pictures today. prosecutors resting their case this afternoon. the defense calling to the stand others who say they were there to patrol the streets alongside rittenhouse. nicholas smith saw rittenhouse after the shooting, describing him as sweating and pale. >> he repeats, "i just shot someone" over and over, and i believe

rosenbaum, mr. rosenbaum was now running from my right side, umm, and i was cornered from in front of me with mr. zaminsky. and there were -- there were three people right there. >> we've got a lot to talk about as we wait for the lunch break to end. joining me, nbc news correspondent gabe gutierrez who has been in kenosha, civil rights attorney and former prosecutor crystal given, and msnbc contributor danny cevallos. it's uncommon for a defendant to testify, this is a self-defense case. he broke down in tears after being fairly composed. what do you think the jury's take might be? >> first, oftentimes the defense rests without introducing any evidence. that being said, in this particular case, because it's self-defense, this is one of those cases where it might be a time to have your client called to the stand, because he may be the only one that can articulate what he feared at the moment that he fired those shots. so it's a really tough decision. and i guarantee you that the defense team really

rosenbaum? >> i did not. >> didn't see him have a knife? >> no. >>> he took jurors to the night of the shooting. >> i noticed he was trying to advance and mr. rittenhouse was standing still based on the way rosenbaum was running and lung slunged into the weapon, and i didn't want to be on the other end of that. >> he even spoke to rittenhouse before shots were fired. not long after, he was forced to render emergency aid. >> i was under his right shoulder. there was another individual under his left shoulder, and then there were maybe one or two people carrying his legs, and i was just telling him that we're going to have a beer together afterwards and it was all going to be okay. it seemed that his eye was looking at me, but it was kind of rolling back, and then when i started talking, it rolled back kind of towards me, and i was looking at him, so i'm not sure if he heard me, but i think perhaps he did. >> did he say anything? >> no. >> reporter: during cross-examination, the defense focused on why rosenbaum's pursuit of rittenhouse contin

self-defense. >> rosenbaum never touched you in any way during that incident? >> correct. >> he touched my gun. >> he didn't touch your body in any way. did he? >> no. >> to use deadly force, you have to have reasonable fear of great bodily injury or imminent death. but in the end, how that's interpreted really is up to the jurors. >> reporter: and david, the defense tiled a motion for a mistrial with prejudice, which means stld be no opportunity for a retrial. the judge says he's considering that motion. the defense says they have three more witnesses to call to the stand. david? >> alex perez outside the courthouse, thank you. >>> now to the pandemic, and tonight, health officials are sounding the alarm with the colder weather now here. more americans, of course, inside. cases and hospitalizations are already on the rise in many states and what they're seeing in colorado alone right here tonight. all of this comes as the white house says nearly a million children 5 to 11 have already been vaccinated in just a week. and in colorado, one of at least 20 states w

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rosenbaum -- mr. rosenbaum was now running from my right side and i was cornered from in front of me and there were -- [sobbing] there were people right there. >> take a deep breath, kyle. >> tucker: so after a ten minute break to compose himself kyle rittenhouse returned to the court room and proceeded to blow up the prosecution's claims that he had racked his rifle in a threatening manner. it turns out he didn't rack his rifle at all and video proved that. and then he it explained why he turned himself in. >> people are saying frame him kill him, people were screaming and i just was trying to get to the police. >> you say i'm trying to get to the police.in why were you trying to get to the police? >> i didn't do anything wrong, i defended myself.e. >> did you feel as though there were safety where the police were?fe >> yes. >> tucker: they didn't really have a response to that since it's all on videotape. it's probably true. so instead, the lead prosecutor in the case, in today's case who is essenti

rosenbaum? >> no, he tried to -- >> so you didn't think there was a gunshot from rosenbaum. >> no. >> you knew he didn't have a gun. >> i see what your question is now. okay. you didn't think that the shot was -- had been fired by mr. zeminsky had been fired by mr. rosenbaum? >> exactly. >> okay. okay. >> so you heard a gunshot. you now know that was joshua zeminsky based on watching the videos, right? >> yes. >> but at the time, you didn't think that was joseph rosenbaum firing that shot, did you? >> no. >> you knew joseph rosenbaum didn't have a gun, right? >> yes. >> and you certainly would agree with me that you don't have the right to kill joseph rosenbaum for something joshua zeminsky does, correct? >> yes. when you heard that gunshot, you didn't know whether it was fired at you or up in the air or at rosenbaum or anyone else, did you? >> i heard it from behind me, but i didn't -- >> you didn't know where it was aimed. >> correct. >> you didn't feel it hit you, correct? >> correct. >> you

rittenhouse then shot and killed rosenbaum. than another man hit rittenhouse with a skateboard and tried to take his gun. rittenhouse shot and killed him, as well. rittenhouse also shot a third man, who was armed with a weapon, and this case has now gone to trial. the prosecution's case, by the way, is totally collapsing. yesterday, the prosecution's own witness, "daily caller" reporter, dealt a major blow to the prosecution's case. he testified that he saw a rosenbaum type try to takes me 29's rifle. >> you have no idea what mr. rosenbaum was ever thinking at any point in his life. you have never been inside his head and never met him before. >> even though i never exchanged words with him, if that is what your question is. >> so your interpretation is complete guesswork. >> well come he said "[bleep] you and reached for the weapon." >> will: julio rojas has been in the courthouse from the start. does not look like from a distance this is going well for the prosecution and the defense has not even begun to put on their case he

one is rosenbaum, the other is hire and the other is grosskreutz who is still alive. >> rosenbaum was attempting to push a burning dumpster into police vehicles occupied by human beings. as soon as they put that dumpster out he began to get confrontational. judge jeanine: there you have a witness as to what was going on between kyle and rosenbaum that night. a witness said rosenbaum tried to reach toward kyle and grab his gun. would kyle be justified in that situation of using deadly physical force? >> my answer is question. self-defense is a reasonable belief that you are in harm's way. here rittenhouse is based rosenbaum lunging at him and grabbing for a gun. rittenhouse heard zaminski say get him and kill him. rosenbaum is the aggressor. in -- in rittenhouse's mind he thinks he's going to kill me. judge jeanine: this is huber. he struck kyle in the neck with a skateboard using it like you would a baseball bat. and he also grabbed kyle's gun and kyle said he felt the gun strap pulling away from him. would kyle be justified in resisting that with deadly physical force? >> in huber's

he testified rosenbaum tried to take his gun. he was going to be given -- if he didn't take his gun, he felt he would be potentially killed. so i felt like the defense was effective but i also felt like the prosecution overall did its best as they could into calling into question rittenhouse's credibility. they established that he lied about being a certified emt heavhe lied about going there to protect businesses. he lied about not going there looking for trouble but he and his armed friends were there pointing guns at people. he lied to the crowd when he said the first man he shot had a gun. he lied to the crowd when he said he didn't shoot anyone, knowing that he had shot several people. i would argue he's lying now to the jury, claiming he was in fear of his life from two unarmed people who he shot and killed at close range with an ar-15 rifle. >> so joey, obviously counselor frames the seminal issue here. will the jury believe that it was reasonable for kyle rittenhouse to use deadly force, which he admits is exactly what he

rosenbaum physically injure anyone that night? . >> no. >> reporter: a juror was dismissed for telling a joke to a deputy by jacob blake, who was shot by police seven times last august. that fueling the protests in kenosha, wisconsin, where rittenhouse shot the three men. he has pleaded not guilty on all counts. >> it is clear that the appearance of bias is present. and it would seriously undermine the outcome of the case. so that in itself would be sufficient cause for discharge. >> our thanks to shimon for that report. joining us now someone who has been in the courthouse covering this story from day one, chicago bureau chief julie bozeman. you grew up in kenosha, so this is close to your heart. this isn't a whodunit case. people know who pulled the trigger here. the question is, why and was it justified? you have seen it play out from the prosecution and the defense so far. >> reporter: that's right. we've heard that over and over in pretrial hearings and in the trial this week, the lawyers have said this is not a whodunit, we

rosenbaum. >> no one is saying that mr. rosenbaum should have chased mr. rittenhouse. no one is saying that mr. rittenhouse did not have a right to defend himself. this case is about the right to use deadly force. hit him, kick him, knee him, anything else. and mr. rosenbaum and mr. rittenhouse are alive. >> reporter: in total, rittenhouse faced six charges until the misdemeanor of a minor in possession of a weapon was dismissed early in the day over the gun not being long enough under wisconsin statutes to be considered illegal in the hands of a minor. but rittenhouse still faces five felony charges, all of which he pleaded not guilty to, the most serious comes from the shooting and killing of anthony huber, second of two people killed that night. rittenhouse faces first degree intentional homicide, but the lesser offenses of second degree intentional homicide or first degree reckless homicide could also be considered. those offenses could be considered if the jury is not satisfied of guilty be

joe joe rosenbaum, as he's been declared. it must be shocking to you to see how that night is described, considering you saw it with your own eyes. >> it -- yeah. i mean, it's not just me. we have democratic politicians. i remember waking up the next day and seeing congresswoman pressley's tweet calling him a white supremacist. we had no idea who kyle rittenhouse was at the time. and the only thing we did know was that three people were shot. and, so again, it's frustrating, really frustrating. but, you know, justice prevailed today. >> tucker carlson: thank you for telling the truth from the beginning. thank you. >> thank you. >> tucker carlson: so, msnbc, there's no depths to which they will not sink, ran this banner on the screen today. it called the events in kenosha last year a, quote, blm rally. so, that's a blm rally. all right. looked like a riot. like where they burn the city down. cost $50 million of property damage to kenosha. by the way, why are the infrastructure bills not rebuilding the cities that biden voters

rosenbaum was shot several times. but today, the medical examiner who performed rosenbaum's autopsy testifying he believes the shot that killed him hit him in the back. and prosecutors says rosenbaum was falling forward because of his injuries. >> if an individual is moving forward and they sustained that injury that entered by the groin and went to the hip, could that cause them to fold forward? >> that's possible. >> reporter: but the defense then disputing that notion, suggesting rosenbaum wasn't falling, but instead lunging for rittenhouse's gun, asking the medical examiner if that was a possibility. >> okay. so, if i was charging like a bull and diving, that would be consistent? >> it would be. >> reporter: rittenhouse looking away when jurors were showed graphic autopsy pictures today. >> the state formally rests its case. >> reporter: prosecutors resting their case this afternoon. the defense calling to the stand others who say they were there to patrol the streets alongside rittenhouse. nicholas smith saw ritt

he testified rosenbaum tried to take his gun. he was going to be given -- if he didn't take his gun, he felt he would be potentially killed. so i felt like the defense was effective but i also felt like the prosecution overall did its best as they could into calling into question rittenhouse's credibility. they established that he lied about being a certified emt he lied about going there to protect businesses. he lied about not going there looking for trouble but he and his armed friends were there pointing guns at people. he lied to the crowd when he said the first man he shot had a gun. he lied to the crowd when he said he didn't shoot anyone, knowing that he had shot several people. i would argue he's lying now to the jury, claiming he was in fear of his life from two unarmed people who he shot and killed at close range with an ar-15 rifle. >> so, joey, obviously counselor frames the seminal issue here. will the jury believe that it was reasonable for kyle rittenhouse to use deadly force, which he admits is exactly what he th