Jurors who are set to decide the fate of Kyle Rittenhouse returned for the second day of deliberations in the teen’s murder trial after they didn’t reach a verdict on Nov. 16, according to a pool reporter in the court.
The court didn’t state what time the jury began deliberating on Nov. 17.
Members of the jury deliberated for a full day on Nov. 16 without rendering a decision. According to an Associated Press reporter inside the courtroom, several jurors appeared tired walking into the court on Nov. 16 while some indicated that they wanted to go home.
If convicted of the most serious homicide charge, Rittenhouse faces life in prison for the shooting deaths of two men and the wounding of a third during a night of riots, protests, and arson incidents in Kenosha, Wisconsin, in August 2020. Rittenhouse, who was 17 at the time, has pleaded not guilty and testified last week that he acted in self-defense.
Wisconsin’s self-defense law allows an individual to use deadly force if it’s “necessary to prevent imminent death or great bodily harm.” Jurors will have to determine whether the evidence in the case fits those criteria.
Overall, Rittenhouse was charged with first-degree intentional homicide, first-degree reckless homicide, attempted first-degree intentional homicide, and two counts of first-degree recklessly endangering safety. Jurors can consider lesser offenses of two of the five counts.
Earlier in the week, Judge Bruce Schroeder dismissed a misdemeanor weapons charge, arguing that the statute was written poorly. Prior to deliberations, Schroeder dismissed a noncriminal curfew charge.
On Nov. 15, Rittenhouse’s lawyers filed a motion to dismiss the trial with prejudice, arguing that Assistant District Attorney Thomas Binger’s line of questioning during Rittenhouse’s cross-examination last week crossed the line. During that incident, the judge sent the jury out of the room and admonished Binger, saying that his questions may have violated Rittenhouse’s Fifth Amendment rights.
The defense attorneys also claimed in their filing that they were handed a lower-resolution version of a drone video, whereas the prosecutors had a higher-resolution video.
Schroeder hasn’t rendered a decision on the motion to declare a mistrial, and prosecutors haven’t filed a response.
Protesters gathered outside the courtroom on Nov. 16 and 17, including supporters for Rittenhouse and for Black Lives Matter.
Wisconsin Gov. Tony Evers, a Democrat, called for calm as the jury deliberated. Last week, he announced that 500 National Guard would be on standby if needed.
“Regardless of the outcome in this case, I urge peace in Kenosha and across our state,” Evers wrote on Twitter. “I ask all those who choose to assemble and exercise their First Amendment rights in every community to do so safely and peacefully.”
