Kyle Rittenhouse broke down sobbing on the stand while testifying in his own defense on Wednesday, prompting the judge to call a ten-minute recess.
Rittenhouse began to sob and hyperventilate as he started to describe the moment he fatally shot two attackers and wounded another during a protest following the police shooting of Jacob Blake in Kenosha, Wisc.
While the defense is contending that Rittenhouse, fearing for his life, fired his weapon in self-defense, the prosecution is claiming that his actions were criminal, and that he committed five felonies and a misdemeanor that night. The charges Rittenhouse faces include first-degree intentional homicide, first-degree reckless homicide, attempted first-degree intentional reckless homicide, possession and use of a dangerous weapon, as well as failure to comply with an emergency order from state or local government.
While questioning Rittenhouse, Assistant District Attorney Thomas Binger implied that his silence ahead of the trial was potentially incriminating. Rittenhouse’s attorney objected to the line of questioning. After instructing the jury to leave the room, the judge sustained the defense’s objection and berated the prosecutor for implying Rittenhouse should be penalized for exercising his constitutional right to remain silent.
“This is a grave constitutional violation for you to talk about the defendant’s silence, you’re right on the border line, you may be over. It better stop…This is not permitted,” the judge said, speaking to the prosecution attorney,
Many legal experts have suggested that the prosecution’s witnesses have bolstered the defense’s case, with witness Gaige Grosskreutz admitting on cross examination that he first pointed his gun at Rittenhouse before Rittenhouse fired at him.
On Wednesday, Rittenhouse said that the first man he shot, Joseph Rosenbaum, was chasing him, as bystander Joshua Ziminsky instructed Rosenbaum to “get him and kill him.”
Rittenhouse then testified that Rosenbaum threw an item at him, later revealed to be a plastic bag, which he believed to be a metal projectile at the time. As Rosenbaum closed the distance on him, Rittenhouse claims he heard a gun shot behind him, prompting him to turn around. Once he turned around, Rittenhouse claims Rosenbaum grabbed the barrel of his gun. In response, Rittenhouse says he shot Rosenbaum four times, after which Rittenhouse searched for help.
Rittenhouse then described trying to turn himself into police because he didn’t “do any thing wrong.” The police told him to go home even after he told them he had shot someone.