Dr. Black was way underused and I don't get it. He clearly forgot more about the subject matter than the poor schlub they pulled from the crime lab ever even knew but his entire testimony just ended up being pretty boring and underwhelming.
Here's the thing, a bulletproof appeal is grounds for an immediate mistrial if the trial is still ongoing. This was just revealed yesterday. This is... basically unignorable by the judge.
The motion to dismiss is pro forma, and the defense had been ticking all the right boxes until then. But then they just popped a Brady violation on top of it. Fact-finding on that should be a matter of days, but the judge can't stop the jury from rendering their verdict. How completely fucked up would it be to have "Kyle Rittenhouse found guilty of 2 counts of reckless endangerment and one count of reckless homicide" followed up two days later with "Kyle Rittenhouse judge rules mistrial"?
i really don't see this being the slam dunk victory you guys are making it out to be. the judge will look at the situation and conclude that the prosecution acted improperly, but the actual evidence in question isn't a game changer and the defense having access to the HD version of the video earlier would most likely not have made any difference in how either side went about arguing their case, so he will decide that it might warrant some minor disciplinary measures against the prosecution, but the trial at large is left intact.
Seems like a win for the Cathedral, isn't it? They get their talking points, noggers get to riot and Kyle walks free to be their strawman.
Funny enough a lot of people from there moved to California for the last couple of years.
Not how Brady works. You see, the defense doesn't actually have to prove it -would- sway the jury. Only that it -reasonably may-.
Throwing it is one thing, throwing it by doing a Brady violation is another. Because that's probably the quickest single way to ensure you never work in law again.
Why aren't the jury voting acquittal is the other question.
It's a fast way to get a prison sentence in the U.S. Because -no- prosecutor, DA, or Attorney general would want to be seen within 100 miles of someone defending a Brady violation. They'd trip over themselves to throw you buswards.
Self-defense cases are tricky is all I'm going to say about that. Testify about good trigger discipline and play into the "he was LARPing as a SWAT team member" narrative. Way better to simply state "He only shot at legitimate threats and refrained from shooting at people who legitimately retreated." Ballistics expert? Why bother? A gun's a gun. A bullet's a bullet. Nobody was more than 10 feet away from each other when someone got shot (at). Rittenhouse wasn't long-range sniping.
I politely decline your request.
If it's so simple, why does it happen so often? I hope this case enlightens those who didn't even know that prosecutors are elected (except for the ones who watched Law & Order), and they get thrown out next election cycle.
