Tuesday, March 23, 2021

Rittenhouse, Grosskruetz hearings, Kyle Trial Delayed until November, 2021

Screenshot of pre-trial hearing on 10 March, cropped and scaled by Dean Weingarten

On 10 March, 2021, there  was a pre-trial hearing on the Kyle Rittenhouse self defense case in Kenosha County.  Judge Schroeder of Kenosha presided over the hearing with his usual competency. DA Thomas Binger seemed considerably subdued compared to his demeanor on 11 February, when Judge Schroeder had to repeatedly correct him on the law, bond procedure, and the facts.

Link to pre-trial hearing on 10 March, 2021

The hearing took a little over four minutes. There were no contentious outbreaks. Conspicuously absent was Anthony Huber's father, John Huber, who smeared Rittenhouse in the hearing on 11 February, and brazenly gave the middle finger salute to Judge Schroeder; and Steve Art, the attorney for John Huber, from the Chicago office of Loevy and Loevy.

Perhaps Art believed that discretion was the best policy after reviewing his client's performance on 11 February.

DA Thomas Binger stated he had been in off the record discussions with Kyle Rittenhouse' attorney Mark D. Richards. The prosecution desired to delay the start of the trial. From Thomas Binger: 

"There are a number of outstanding issues of discovery, DNA testing and some other issues that need to be taken care off. 

There also are some logistics with regard to the eventual jury that will need to be hammered out. 

So in terms of scheduling going forward, attorney Richards and I have discussed the option of setting a trial date sometime in the fall, and trying to see if we can work toward that. "

Kyle's attorney, Mark Richards said they were interested in setting a fall trial date. He said: 

We're interested in moving this matter forward. But, whatever the Court decides, we will abide by it. 

Judge Schroeder asked Kyle if he had a problem with the delay. Kyle said, removing his mask, momentarily:  

No Your Honor.

The Court eventually decided to make 1 November for the trial date, with a review of status in about two months. 

Why the KCDC Inmate in the upper left corner of the Zoom screen was included, was not explained. 

Delays in trial dates usually work for the advantage of the defense, but this is not an ordinary case. 

While researching the Rittenhouse hearing, it was determined Gaige Grosskruetz had a hearing on February 22, on his second Operating While Intoxicated (OWI) charge.  The hearing is available on Youtube.

Youtube of Grosskruetz hearing on 2nd OWI. Feb 22, 2021. 

In the hearing on the OWI charge, Grosskruetz is represented by a different attorney than Kimberly Motley, who is representing him in the Rittenhouse case.

Grosskruetz has a long list of interactions with the police, including a misdemeanor conviction. He has been able to avoid any felony convictions, which is why he had a legal Wisconsin Concealed Carry permit when he aggressively pursued Kyle Rittenhouse.  

Grosskruetz was wounded while threatening Rittenhouse with a pistol. 

The OWI charge was from an arrest on 6 October, 2020, six weeks after the confrontation with Rittenhouse on 25 August, 2020.  Kenoshaeye writes the charge seems like a slam dunk

The criminal complaint is below and it very much looks like a slam-dunk OWI. On October 6, 2020, Grosskreutz was pulled over by Officer Lazaris of the West Allis Police for failure to use his turn signal. The officer spoke to Grosskreutz and smelled alcohol on his breath. He also had red, glassy eyes and slurred speech. West Allis has body-cams which would confirm this. Grosskreutz was not cooperative with police and refused to participate in any of the Field Sobriety tests. Police brought him to the hospital and drew his blood. It tested at .212 g/100mL of ethanol, almost 3 times the legal limit in Wisconsin.

Being in court for another OWI charge does not help Grosskruetz' credibility in the Rittenhouse case, where he is often referred to as a "victim" instead of being the aggressor.  There has been almost no coverage of the OWI charge against Grosskruetz, in comparison to national coverage of Rittenhouse legally having three beers.

Grosskruetz has been reported as telling a friend he regretted not killing Rittenhouse. From rt.com:

Gaige Grosskreutz was armed with a pistol when 17-year-old Kyle Rittenhouse blew his bicep apart with a semi-automatic rifle in Kenosha, Wisconsin. In a Facebook post that's gone viral, Grosskreutz regrets not killing the teen.

Multiple screenshots of the facebook post are available online. The post is likely to figure prominently in the Rittenhouse trial. 

Gaige Grosskruetz criminal history becomes important in establishing the credibility of Kyle Rittenhouse' contention he was action in self-defense. The two attackers which were shot and killed were both convicted violent felons. 

It appears Grosskruetz OWI case may be delayed until after the Rittenhouse trial. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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1 comment:

Anonymous said...

The kid was a hero while the cops stood around and watched the city burn. Everyone knows he will never be convicted so the punishment has to be a long an painful process. Malicious prosecution should be a crime.