Changes

==Trial==

==Trial==

[[File:Kerkman and Binger.jpg|right|300px|thumb|Kenosha county judge Chad Kerkman (left) with his domestic partner chief Rittenhouse prosecutor Tom Binger (right).]]

[[File:Kerkman and Binger.jpg|right|300px|thumb|Kenosha county judge Chad Kerkman (left) with his domestic partner chief Rittenhouse prosecutor Tom Binger (right).]]

Kenosha county assistant district attorney Thomas Clare Binger was tasked with prosecuting the case.  Binger was involved in a domestic disturbance in September 2020. Binger lives with his domestic partner, Kenosha county judge Chad Kerkman.<ref>http://kenoshacountyeye.com/2021/07/31/one-of-the-kyle-rittenhouse-prosecutors-to-resign-the-other-has-been-living-with-a-kenosha-judge-sources/</ref>  Murder charges were filed against Rittenhouse 48 hours after the incident, before any investigation was completed, inspired the creation of a new word added to the Urban Dictionary, "binger", defined as (1) a soy-filled authority figure who abuses his position to demonize others; (2) an idiotic, irrelevant, or malicious person who often believes they are the smartest person in the room; (3) a person who is unable to present themselves in the manner in which they wish to be viewed due to a lack of competence, skill, and mental capacity, often with humiliating results.<ref>https://www.urbandictionary.com/define.php?term=Binger</ref>   

Kenosha county assistant district attorney Thomas Clare Binger (aka "flufferboy2004"<ref>https://twitter.com/BossHoggUSMC/status/1458608298006040589</ref>) was tasked with prosecuting the case.  Binger was involved in a domestic disturbance in September 2020. Binger lives with his domestic partner, Kenosha county judge Chad Kerkman.<ref>http://kenoshacountyeye.com/2021/07/31/one-of-the-kyle-rittenhouse-prosecutors-to-resign-the-other-has-been-living-with-a-kenosha-judge-sources/</ref>  Murder charges were filed against Rittenhouse 48 hours after the incident, before any investigation was completed, inspired the creation of a new word added to the Urban Dictionary, "binger", defined as (1) a soy-filled authority figure who abuses his position to demonize others; (2) an idiotic, irrelevant, or malicious person who often believes they are the smartest person in the room; (3) a person who is unable to present themselves in the manner in which they wish to be viewed due to a lack of competence, skill, and mental capacity, often with humiliating results.<ref>https://www.urbandictionary.com/define.php?term=Binger</ref>   

Binger described the mob of predominantly white rioters, looters, and arsonists as a "crowd full of heroes".<ref>https://gellerreport.com/2021/11/closing-arguments-resume-bingers-soviet-show-violent-rioters-crowd-was-full-of-heroes.html/</ref>  Joseph Rosenbaum was the first BLM rioter to attack Rittenhouse.  According to documents obtained from the Pima County, [[Arizona]] Clerk of Courts by ''Wisconsin Right Now'', Joseph Rosenbaum was charged by a grand jury with 11 counts of child molestation and inappropriate sexual activity around children, including anal rape. The victims were five boys ranging in age from nine to 11 years old.  Rosenbaum was on lifetime probation and forbidden to have any contact with miniors.<ref>https://www.wisconsinrightnow.com/2021/03/11/joseph-rosenbaum-sex-offender/</ref>  Binger claimed that a person had to wait until they were shot to act in self-defense.  At another point, Binger pointed an AR-15 at court room spectators and the jury with his finger on the trigger, a possible Class A misdemeanor in Wisconsin.<ref>https://townhall.com/tipsheet/mattvespa/2021/11/16/kyle-rittenhouse-prosecutor-might-have-committed-a-felony-with-ar15-demonstration-n2599144</ref>

Binger described the mob of predominantly white rioters, looters, and arsonists as a "crowd full of heroes".<ref>https://gellerreport.com/2021/11/closing-arguments-resume-bingers-soviet-show-violent-rioters-crowd-was-full-of-heroes.html/</ref>  Joseph Rosenbaum was the first BLM rioter to attack Rittenhouse.  According to documents obtained from the Pima County, [[Arizona]] Clerk of Courts by ''Wisconsin Right Now'', Joseph Rosenbaum was charged by a grand jury with 11 counts of child molestation and inappropriate sexual activity around children, including anal rape. The victims were five boys ranging in age from nine to 11 years old.  Rosenbaum was on lifetime probation and forbidden to have any contact with miniors.<ref>https://www.wisconsinrightnow.com/2021/03/11/joseph-rosenbaum-sex-offender/</ref>  Binger claimed that a person had to wait until they were shot to act in self-defense.  At another point, Binger pointed an AR-15 at court room spectators and the jury with his finger on the trigger, a possible Class A misdemeanor in Wisconsin.<ref>https://townhall.com/tipsheet/mattvespa/2021/11/16/kyle-rittenhouse-prosecutor-might-have-committed-a-felony-with-ar15-demonstration-n2599144</ref>

The prosecution provided a copy of a drone video to the defense that was 1/16th the resolution of the version that was shown to the jury during the trial.  The drone video was the only evidence offered by the State to support their argument that Kyle Rittenhouse provoked the attacks upon himself.  The prosecution had a Constitutional obligation to provide the defense with the evidence to be used against the defendant in court and failed to substantively meet this obligation by providing the defense with only a low-resolution version of this video, rather than the high-resolution version actually used as evidence before the jury.  The defense would have shaped their legal arguments different had they been given the actual evidence.

The prosecution provided a copy of a drone video to the defense that was 1/16th the resolution of the version that was shown to the jury during the trial.  The drone video was the only evidence offered by the State to support their argument that Kyle Rittenhouse provoked the attacks upon himself.  The prosecution had a Constitutional obligation to provide the defense with the evidence to be used against the defendant in court and failed to substantively meet this obligation by providing the defense with only a low-resolution version of this video, rather than the high-resolution version actually used as evidence before the jury.  The defense would have shaped their legal arguments different had they been given the actual evidence.

The claim of provocation – specifically, that Rittenhouse pointed his rifle at others, provoking Joseph Rosenbaum to chase him across a parking lot – is not supported by any other evidence but this drone video.  Without the video there is no act of provocation, and the prosecution would have the task of attacking Rittenhouse’s claims of self-defense directly.  Assistant District Attorney James Kraus had a laundry list of excuses for why the defense received only a lower-resolution, smaller file size, with a different file name including blaming Assistant DA Binger and the detectives.  The judge was unconvinced by these excuses and suggested the possibility of putting the prosecution on the witness stand themselves to testify under oath as to why the defense did not receive the proper video before it was presented to the jury.

The claim of provocation – specifically, that Rittenhouse pointed his rifle at others, provoking Joseph Rosenbaum to chase him across a parking lot – is not supported by any other evidence but this drone video.  Without the video there is no act of provocation, and the prosecution would have the task of attacking Rittenhouse’s claims of self-defense directly.  Assistant District Attorney James Kraus (aka "lunchbox") had a laundry list of excuses for why the defense received only a lower-resolution, smaller file size, with a different file name including blaming Assistant DA Binger and the detectives.  The judge was unconvinced by these excuses and suggested the possibility of putting the prosecution on the witness stand themselves to testify under oath as to why the defense did not receive the proper video before it was presented to the jury.

A photo of ADA Kraus’ laptop screen being projected onto the large 4k TV screen in the courtroom showed the presence of a software app named Handbrake, a program used to generate low-definition versions of high-definition videos.  Apparently, the provision of the low-resolution video to the defense was not an accident at all, but rather an intentional act of the prosecution.<ref>https://youtu.be/eHOixtPHDVQ</ref>  If so, it would constitute prosecutorial misconduct sufficiently grievous to not only warrant a mistrial with prejudice but certainly misconduct, perhaps even malicious prosecution charges.<ref>https://legalinsurrection.com/2021/11/rittenhouse-trial-mayhem-courtoom-fights-over-videos-and-mistrial-as-jury-deliberates/</ref>

A photo of ADA Kraus’ laptop screen being projected onto the large 4k TV screen in the courtroom showed the presence of a software app named Handbrake, a program used to generate low-definition versions of high-definition videos.  Apparently, the provision of the low-resolution video to the defense was not an accident at all, but rather an intentional act of the prosecution.<ref>https://youtu.be/eHOixtPHDVQ</ref>  If so, it would constitute prosecutorial misconduct sufficiently grievous to not only warrant a mistrial with prejudice but certainly misconduct, perhaps even malicious prosecution charges.<ref>https://legalinsurrection.com/2021/11/rittenhouse-trial-mayhem-courtoom-fights-over-videos-and-mistrial-as-jury-deliberates/</ref>