violence, then it wipes away, it extinguishes his right to self-defense. that provocation instruction was based upon the video, the drone footage video the became the source of such consternation for the trial and that the prosecution provided a lesser quality and the lesser sized version that video to defense. defense argued it was the basis, this video was the basis on which the provocation instruction was issued to the jury meeting and provided them the potential hook that he could have been convicted on four of these counts at a minimum. the judge declined to rule on that motion to dismiss. the jury instead took it under advisement so they ruled that he not only had a reasonable fear, that he actually believed his life was in danger of great bodily harm but also it was reasonable for him to feel that way and the final point, just remember that two of those counts included the admonishment essentially that if he reasonably believed, he actually felt his life was in danger at the mom
defendant used more force than necessary. but late in the game, the prosecution scored a major victory that had some people like me thinking they could pull this out, that s when they got the provocation instruction. if the prosecution can prove that kyle rittenhouse provoked the confrontations. the prosecution would argue that he did not reacquire the right to use self-defense. but the challenge here, again, was that burden. it always rested with the prosecution. now, a lot of folks, i heard a lot of folks say, look, even today, kyle rittenhouse went there with a long gun, he was walking around. a lot of folks found that provoking. i agree. and i also agree kyle rittenhouse probably shouldn t have been not probably. should not have been walking around in kenosha that night
rittenhouse did. he created this problem, and then proceeded to threaten people to get out. typically you can t claim self-defense in a situation where you ve provoked the incident. but the defense did a good enough job of convincing jurors this was a unanimous verdict on all counts. this jury was thoroughly convinced. danny, i would same question to you. was this an easy defense? poor prosecution? friendly judge? tough? what s your sense? there is no such thing as an easy defense. it wasn t that it was a poor prosecution but poor facts for the prosecution. in wisconsin the prosecution had to disprove self-defense. all the elements, or any one of them beyond a reasonable doubt in addition to proving their case. at the last minute, they got the provocation instruction. that could completely up-end the
0 a jury of his peers found kyle rittenhouse not guilty on all counts. rittenhouse collapsed in the kenosha, wisconsin courtroom as the final not guilty verdict was read. rittenhouse himself took the stand in his own defense, a risky move that approved successful for the defense. in and out conversation will turn to what s going to happen next. what affect will this case have on things like vigilanteism and self-defense arguments? not to mention what happens immediately in the city of kenosha. joining me from the courthouse in kenosha, wisconsin, nbc correspondent shaquille brewster. former federal prosecutor paul butler. nbc legal analyst danny cevallos. and former assistant district attorney in milwaukee county, julius kim. shaq, what is it like in kenosha right now? katy, when that verdict was read we saw a large group of people on the courthouse steps. this was something highly anticipated especially as the jury got into day four of deliberations. but then someone came out of the
agreed that s the standard language. okay. so i think we have were there any other requested changes or additions to this instruction by the state? as it relates to the justifiable use of deadly force? correct. again, having already argued and simply relying again on the case of johnson versus state, which is also in the packet regarding the provocation instruction, no, your honor. any other being requested by the defense other than the ones i ve already ruled on? within the justifiable use instruction? yes, yes, sir. no, your honor. then the next one. we have, the defense has another o one you just included in your packet, the state s proposed instruction on justifiable use, is that correct? i did, just for comparison purposes. thank you. okay team!