Closing arguments in the Kenosha Shooter case will begin Monday when Judge Bruce Schroeder will instruct the jury on the law and how they are to apply it on each charge.
The details of those charges will be finalized between the judge and attorneys Friday.
The jury will not be present during these proceedings when the state is expected to inform the judge if they intend to ask for lesser charges to be considered on any counts.
As it stands Kyle Rittenhouse is charged on six counts: First Degree Reckless Homicide, Use of a Dangerous Weapon in the death of Joseph Rosenbaum, First Degree Intentional Homicide, Use of a Dangerous Weapon in the shootings of both Anthony Huber and Gaige Grosskreutz, two counts of First Degree Recklessly Endangering Safety in the case of Richie McGinniss who was all but in the line of fire when Rosenbaum was shot and ‘jump-kick man’ – the unidentified male at whom Rittenhouse shot twice – and one count of Possession of a Dangerous Weapon by a Person Under 18.
A seventh curfew violation was dismissed earlier in the week.
The most serious charges, first-degree intentional homicide, carry a mandatory life sentence, while attempted first-degree intentional homicide and first-degree reckless homicide, are both punishable by up to 60 years in prison.
First-degree reckless endangerment carries a maximum prison term of 12 years and requires prosecutors to show that Rittenhouse put someone in harm’s way by showing an utter disregard for life.
However, the prosecutors have not been successful in shouldering this burden of proof.
Speaking Thursday afternoon Assistant District Attorney James Kraus said that the state may seek possible findings of lesser charges on the homicide of Anthony Huber and attempted homicide of Gaige Grosskreutz.
But he said they were not inclined to accept a lesser finding in the case of Joseph Rosenbaum, or on the reckless endangerment charge that Rittenhouse faces with respect to Richie McGinniss.
Judge Schroeder has placed a cap of two and a half hours on closing arguments for both sides, time which is to include any rebuttal they should wish to make.
The judge had originally put a cap of one and a half hours on arguments but relented on Assistant District Attorney Thomas Binger’s request for more time due to the state’s intention to replay as much as 30 minutes of video footage.
But he warned, ‘I will be tough. I may tell you to sit down mid-sentence if you keep going. I did it to one of the DAs recently.’
The jury will not now return to the courthouse until Monday when names will be drawn to determine the 12 who will deliberate.
Eighteen of the original 20 jurors remain after one was excused on medical grounds and another was removed having made a joke about Jacob Blake to a court deputy.
Judge Schroeder dismissed them for the long weekend with the words, ‘We’re in the final stretch now.’