- Joined
- Nov 13, 2019
They pulled this off with OJ, its the difference between criminal and civil court and Rittenhouse has a good chance of losing. The criminal courts found that Rittenhouse did nothing criminal in his actions, the civil courts are looking to see if he is liable for the damages done. They can claim that Rittenhouse escalated an encounter that would have been a fist fight into a lethal one by bringing the rifle. Obviously that legal brief is 100% biased in favor of the Estate and makes Rittenhouse look positively demonic. Rittenhouse is going to be forced to spend money to fend off this frivolous lawsuit and since its a fucking estate he basically cannot collect for lawyer fees and other related expenses, its pure expense for him.
An important distinction is that OJ didn't make a defense of self defense, he made a defense of "I didn't do it." At question in both civil and criminal cases was, "Did OJ unlawfully deprive someone of their lives?" Under the criminal standard there wasn't enough evidence to convict. Under the civil standard they found him liable. The criminal acquittal doesn't really speak to his liability to the act, just to the weakness of the evidence. Civil judgements can be based on partial liability, no need to be wholly responsible to lose. The key part is that justification for the deaths was never under question because such a defense was never raised.
In Kyle's case, the defense was that he was responsible but that he was justified. The criminal jury determined he had a justification for the deaths and the deaths were done in self defense. The conclusions you can draw from that "not guilty" verdict are different from a non self defense based verdict. Basically a self defense claim can be sunk by very little minor mistakes. So anything that would confer civil liability for a wrongful death likely also means it would also criminally be a wrongful death (not self defense).
Not that they won't try to say the criminal trial was illegitimate or some other nonsense. The point is it will have to be fought a little differently that what they did for OJ. Definitely more dirty.