Closing Arguments Focus on Self-Defense in Rittenhouse Homicide Trial

The jurors heard two versions from the night of Aug. 25, 2020, as the prosecutor Thomas Binger and defense attorney Mark Richards gave their closing arguments in the Kyle Rittenhouse trial on Nov. 15, 2021.  

Richards argued that the defendant’s behavior on the night of Aug. 25, 2020, is protected under the law of self-defense.  

Richards said every person who was shot was attacking Rittenhouse. 

“There are no winners in this case, but putting down Mr. Rittenhouse for something he was privileged to do will serve no legitimate purpose,” said Richards.  

Rittenhouse was 17 when he shot and killed two protestors, Anthony Huber, 26, and Joseph Rosenbaum, 36, in Kenosha, Wis., in Aug. 2020. He is also accused of injuring Gaige Grosskreutz, 22.  

Rittenhouse was charged with first-degree intentional homicide and four other felony charges. If convicted, he could face life in prison. The jurors must decide if the defendant acted in self-defense.  

The prosecutor said Rittenhouse cannot hide behind self-defense if he provoked the incident.  

“If you created the danger, you forfeit the right to self-defense,” said Binger.  

He said the defendant deliberately pulled the trigger.  

“There is no valid self-defense claim,” said Binger. 

The prosecutor said the defense is trying to convince the jury that Rosenbaum was trying to kill the defendant.  

“My client didn’t shoot at anyone until he was chased and cornered,” said Richards.  

“When my client shot Joseph Rosenbaum, he feared for his life,” said Richards. “He feared because of the prior threats, the prior statements and the volent acts that had been witnessed by my client.” 

Binger said that it is false that Rosenbaum threatened to kill the defendant.  

The prosecutor said even if Rosenbaum made a threat, it was not enough because he was unarmed.  

“He knew Joseph Rosenbaum was unarmed,” said Binger.  

Rosenbaum chased Rittenhouse in a car lot, but Binger said, “We’ll never know what Joseph Rosenbaum was thinking because the defendant killed him.”  

Binger said Rittenhouse is responsible for every bullet that comes from the gun. He said the defendant does not get a pass for pulling the trigger. Binger said he could have assessed whether there was a need to keep firing. 

“The same set of rules apply to the defendant as everybody else,” said Binger. “No exception of the law for Kyle Rittenhouse.” 

The crowd thought Rittenhouse was an active shooter and had the right to protect themselves, according to Binger. He depicts the crowd as heroes and that they used the least intrusive means possible towards the defendant.  

“The defendant walks away, like he’s some hero in a western,” said Binger. “Without a care in the world for anything he’s just done.”  

According to Wisconsin law, “a person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person.” 

Binger said that after the defendant shot Rosenbaum, he ran away without attempting to help him.  

“Mr. Binger must live in fairytale land to think that Kyle could stop, put his gun down and say, ‘Hey everything’s good, leave me alone I’m going to the police,’” said Richards. “Unfortunately, that’s not how the real world works.”   

The defense said “active shooter” is a buzz word the state wants to latch on to because it excuses the actions of the mob last year.  

“There is no evidence, whatsoever, that he was an active shooter, other than Mr. Binger calling him that and there’s no evidence any of those individuals who attacked him in the mob that night were attacking an active shooter; he wasn’t shooting,” said Richards.  

Richards told the jury Rittenhouse was providing aid to anybody who needed it. 

Binger said Rittenhouse’s false claims about being an EMT were insulting to medical professionals.  

“Everybody is anticipating violence. Everyone is prepared for people to be hurt, harmed, injured and yet the defendant is going to go there and claim to be a medic?” Binger asked.  

Binger said Rittenhouse brought his AR-15 rifle to Kenosha looking for violence, but the defense said the defendant was asked to provide help in protecting property at the car sources.  

“Kyle was a 17-year-old kid out there trying to help this community,” said Richards. 

“It is a tough choice, but the evidence only leads to one conclusion: that is that Kyle Rittenhouse’s conduct on Aug. 25 was privileged based upon the actions of Rosenbaum and others,” said Richards.