Judge Rejects Request to Re-arrest Kyle Rittenhouse

A Kenosha judge struck down the State’s motion to issue a new arrest warrant that would raise Kyle Rittenhouse’s bail bond by $200 thousand and barred the District Attorney’s office from learning the defendant’s place of residence.  

To protect his safety, court clerk and sheriff’s office would be aware of Rittenhouse’s location but would be unable to disclose the information to the DA. The ruling was highly irregular in criminal court, Assistant District Attorney Thomas Binger said. 

Judge Bruce Schroeder ruled that Rittenhouse had complied with his original bail conditions and there was no need for another warrant for his arrest. The original warrant’s language did not support Binger’s case, according to Schroeder. 

“The district attorney apparently was aware of what he now refers to as flying the coop was aware of that situation back then,” Judge Schroeder said from the Kenosha County courtroom where windows were still boarded up from the summer’s protests. “And he didn’t ask for conditions or place of abode. There’s no change in circumstance there, and I do not believe it’s proper.” 

The Kenosha DA was unable to find the defendant’s current address, which was a public safety concern, Binger stated.  

During the protests following the police shooting of Jacob Blake in Kenosha, Rittenhouse was alleged to have fatally shot two men, Anthony Huber, 26, and Joseph Rosenbaum, 36, and injured another, Gaige Grosskreutz. Huber’s father and Grosskreutz were present during the hearing.  

Rittenhouse and his family moved into an undisclosed safehouse after receiving threats, according to Mark Richards, the Racine-based head of Rittenhouse’s defense team. Richards added that his client had made every court appearance required of him, which does not make him a flight risk.  

“[Kyle] looks forward to litigating these offenses in your honor’s courtroom,” Richards said. “We have nothing to fear because the truth will set my client free.” 

The Kenosha County District Attorney’s office filed to increase the bail after Rittenhouse, 18, was seen drinking and flashing white supremacist gestures at a bar. 

“How would you deal with the killer of your son is just able to walk free, make videos bars and live it up?” said John Huber, the father of Anthony Huber. Dressed in a bright yellow shirt, he was visibly shaking as he spoke. “If there’s justice in the town of Kenosha, he should be returned to custody.” 

Huber’s sentiments were echoed by Gaige Grosskreutz, who wore all black, in a brief statement to the judge. Rittenhouse displayed a pattern of behavior that lacked remorse following his arraignment, and his bail should be raised, Grosskreutz said. 

“The defendant can continue to flaunt these bonds under current conditions and act like he doesn’t have to comply with everybody else,” Binger said. “He should be held to the same rules the same standards as everybody else and when he violates a court order like he’s done here, like he has admitted to, there should be a consequence to that.” 

After his release in November, the defendant showed disregard for legal norms—alerting the court of his change in address—and the severity of the charges he faced, said Kimberley Motley, the attorney for Grosskreutz and the Rosenbaum estate.  

“We’d ask the court to take everything that we’re all collectively saying in consideration that being out on bail essentially is a privilege,” Motley said. “Mr. Rittenhouse has shown time and time again that he does not care about his bail condition.” 

Rittenhouse posted $2 million bail and was released from custody in November. Donations from the #FightBack Foundation, a Texas-based constitutional rights advocacy group, paid for his release and legal fees. 

The lack of financial responsibility made Rittenhouse a flight risk, and the threat of a bail jumping charge was insignificant compared to the over 200-year sentence the defendant faced, Binger said.  

Richards agreed to release Rittenhouse’s address to the court as per the judge’s ruling. 

Motley compared the discrepancies in the proceedings of Rittenhouse’s trial to a Kenosha man who was also accused of a double homicide and that the differences were due to racial inequities in the system. The Kenosha man was held on a $2.5 million bail bond. 

“I will tell you that I am not going to decide anything in this case or any other on the basis of the color of anybody’s skin, period,” Judge Schroeder said. “I don’t know anything about that other case. I didn’t set this bond, and I didn’t set that bond. I’m not going to comment at all about this.” 

Schroeder ruled that bail was a constitutional right, not a privilege, and that Rittenhouse was entitled to a fair trial free from any bias. The judge barred mention of the civil unrest in Kenosha over the summer and the word “victim” because it implied guilt. 

“I don’t think that would be lawful, no matter what feelings anybody has,” Schroeder said, revealing his verdict. “I took an oath to uphold the Constitution and follow the laws. And that’s what I’m going to do. It’s sad that this is getting at the level it is, but I can’t help that.”