I know sometimes people get a little bit tired of the deep dives, but this is a very important trial. Weve got two weeks of this. So a lot of the political stuff were going to get back to, but we could all use a break from it. Anyways in the written house case were going to be hearing from one youtuber somebody who did a lot of live streaming on the actual night back in august 2020., somebody by the name of carrie elijah elijah washington, and he started to testify in day two of the Trial and then things ran out of time, and so they carried it over into day three and so were going to pick back up with him. He testified a good portion of the morning, slight uh cross examination from corey rafici and then thats the that wraps up his testimony were also going to revisit something that happened in day two. Apparently, there was an fbi agent who testified on day two and they didnt air, the feed for anonymity purposes. But there was a drone, apparently over the area in kenosha washington and so were going to take a look at what the fbi drone captured and were going to have multiple interpretations of this when we get to the governments. Second, witness today this was detective. Martin howard came out in court today. A lot of video exhibits got admitted into evidence a lot like 14 or 18 of them a ton and were not going to go through all the different videos today, but were all we are going to just highlight certain exchanges that took place between the detective martin Howard and between elijah washington, and so we want to make sure that were giving sort of equals equal time to both sides im going to try to limit some of the unnecessary comment today.

So we can make sure we get through a lot of clips and a lot of the questions, because yesterday there were just so many of them and if you want to be a part of the show, were recording this over at watchingthewatchers.locals.com, where there is a question Form that we use, so you can ask some, you know substantive questions and dont have to pay a fee. If youre a supporter over there, you just get access to the form we dont pay per question. Right, like you, do on youtube or on rumble or some of those other places, so its very convenient does help. If you keep the questions in order, of course, we only have one segment today, because we are going deep on written house if youre looking for clips, we are going to clip up this show into the various sections, so it will be the elijah washington testimony. It will be the cross examination testimony. It will be the fbi air drone testimony. Those will all be split up over at robert grueler esq clips or or clips, which is our youtube channel, which is growing nicely. Thank you for your support over there as well. All right so without any further ado lets jump right into it. Kyle rittenhouse, trial day. Three, we heard from two witnesses today specifically were going to take a look at cory, elijah washington, you can see this is the governments case in chief its still day, three still early in the trial government prosecutor, thomas binger, you can see right here in the middle.

Still calling witnesses – and so today, in day three, what we heard was corey elijah washington, this fellow right here, hes a live streamer and he was actually there at the same night that kyle written all the same night. All this went down. He was there and then were going to hear from martin howard. He was the kenosha detective. Now today we also hear a little bit about gage gross cruz because during a cross examination by mark richards of martin howard, his name comes up in terms of a search warrant and accessing his phone and so well get into all of that. But there was something interesting that happened yesterday. You see this new person who wasnt on the board yesterday on day two, this fbi agent, somebody named brandon kramen, was called in as a witness yesterday, so youll notice that yesterday, on the show on day two of our coverage, dominic black was the last person that We wrapped up the show with, but apparently they just cut the feed off of the trial and they were calling other wix witnesses when the feed was off so that was brandon cramen the fbi agent didnt get much reporting about what he testified about, but presumably he Was just somebody who could lay authentication for the aerial drone footage so that they they just cant, say? Well, we just got this footage off the internet. Whod it come from howd they get it. Who can authenticate it before they get? It admitted as an exhibit and so presumably thats what brandon cramen was called into court to do as the fbi agent, but apparently they also brought out cory.

Elijah, washington, you can see him here and so were going to hear from him were going to start off with him today. Most of the testimony, most of the of the trial, at least during the governments case, was done by thomas binger. So we hear a little bit from the assistant prosecutor, jim james cross, who, as ive been saying, is the technical guy, and there was an exchange here that were going to get into im, not sure how deep were gon na get into it today, because it is Highly technical, but they were arguing about whether video footage could be played with the audio on or the audio off, because the video footage is played with the audio on its gon na have some commentary in there and what? If somebody is running around calling kyle rittenhouse a militia person, well that might be, you know pejorative. That might be something that might be offensive to certain people, and so, if the jurors are hearing that language, in addition to what theyre seeing they might have a negative connotation about kyle rittenhouse, so theyre arguing all about this stuff as whether its hearsay or present sense Exception, uh impression, exceptions to hearsay, and so it gets a little bit technical, but jim james cross today was involved in those types of conversations. Kyle rittenhouse, of course, didnt hear from him unlikely that we ever will mark richards did a lot of the testimony today. A lot of the cross examination, except for washington.

This is corey chiera fici, who did the cross examination of washington today and then were actually going to hear from judge schroeder. Today he was a little bit on a tear. Today he had a special little segment comment for the media, not really happy with how he has been portrayed in the media. Saying ive been getting skewered over this other case and im going to let the media know im not happy about their language that theyre using about my performance and so well hear from him. So weve got a lot to get to lets, get into it before we do. One quick reminder about the charges here were talking about first degree. Reckless homicide weve got intentional homicide attempted intentional homicide, gage gross groots wounded still alive. We have a deceased joseph rosenbaum. This was the guy in the red shirt, so were going to hear a lot about these people, so just want to make sure that youre youre sort of pink getting pinged with who were talking about richard mcginnis. The reporter dont really have a good picture of him. Some unknown person that we obviously dont have a picture of anthony huber is deceased and then kyle rittenhouse also had a weapons charge in addition to one of the curfew charges. So just dont forget about that curfew charge. It is a lesser charge, but it is going to come up. Okay, so once again, quick reminder that we are picking up talking about these two fellas, so carrie washington, the youtuber from yesterday and brandon cramen fbi agent from yesterday, they had a sort of combined created.

This this composition of videos that are combined to show you a couple different things simultaneously: theyre related to one another, so theyre, sort of time that theyre matched in time, and so we can. We can see two different angles of the same timeline. We can see one from on the ground which is going to be over here on the right, and you can see the fbi drone footage up on the top now. This was assembled by uh somebody else, but by a third party and its presumably been exchanged by the the parties here by the defense, presumably received it from the prosecution at some point. In the case when there was discovery being exchanged, but i want to just play it for us right now, so that we can see some of these things that were talking about the detective martin howard is going to talk, of course, about the aerial footage were not Going to hear from the fbi agent again detective howard is going to be the person whos explaining the fbi, video and then were also going to hear from washington. Who is the person who took this footage there on the right so im going to play this? Its about a minute, i believe, and its going to cut off before the shooting takes place. Okay, so just to make sure that were not you know violating any any uh rules or anything like that right, nobodys going to be shot in this video here is what it looks like just so we can see the juxtaposition of the two angles in the same Timeline, i Music smashing the suvs Music is all right.

Now you heard the first gun shot, but were going to learn as we go through this, that that was not actually kyle rittenhouses gunshot, and so this was, as you can see, looks like we got four different camera angles that are all being mashed together here. The reason why i wanted to play this is because today was sort of a video show. Okay, here we have aerial footage up here in the top weve got another. This looks like surveillance footage down here from a building looking onto the the lot of the car car dealership, heres somebody on the street with phone footage. Another person here drew hernandez, weve got his video footage, and so the point i want to make with this is that the prosecution they are using both of these witnesses, both kerry washington and the detective martin howard, to get all of these videos in, like a ton Of them 14 15 of them. I have a super speeded up list of the exhibits that prosecutor binger actually submitted at the end of the at the end of his presentation today and its a lot of video and the reason he needs to do. This is because there werent any police there right who could go in and say well, i was standing there and i saw exactly what happened so hes got to prove his evidence. He prove his case using other witnesses and other evidence now theres a common objection. Thats kind of going around right now from people saying well, you know all of this should be excluded.

All of this should just be uh. You know precluded and, as you know, not authenticated, or that these people are not expert witnesses. Well get into more of that. When we get into the detective, but by and large it sounds like rittenhouses defense team is just letting this stuff come in and there might be a reason for that which im sure well explore as this continues to unfold. So this is what were talking about today. Was testimony where we have two people talking a lot about videos essentially uh? What so you recorded this, and you found somebody who had that on twitter and you submitted that a lot of videos were not going to talk about all the different videos. We are going to talk about the exchanges, because most of us by this point, have seen most of the videos and its not anything, really different. Aside from the aerial footage which we will spend some time on at the end of this entire show. So quick screenshot from the aerial footage or from the from the composition that we just looked at you can see over here the first shooter. This is zuminski. This person is identified now and when we did our original coverage of this back, you know a year ago. Well, over a year ago now, we we made very clear note of that. We identified that gunshot in the audio profile before anybody else was hardly even talking about it.

Now we know the persons name and now thats sort of an additional component, as written house was running away, not only from rosenbaum. Somebody else named zaminsky is back sort of behind him, shooting the gun off in the air. You can see that this is were going to spend a lot of time on this in the last segment here. But uh rosenbaum is here hes the guy in the right in the in the maroon shirt that we talked about zimmicus the zaminskis is the couple: they fired the gun off in the air and this is written house and the government is going to say so. Keep this theme in mind. The government is going to say that since the shooting took place, this direction sort of near where the car lot is uh. This direction to the left of the screen that written house was in fact, actually chasing rosenbaum, so see written houses to the right rows and bombs to the left. They are both heading that direction, and so the government is telling us written house was chasing rosenbaum and has been the the understanding from our review of the law, its not possible to sort of create a situation where you are the aggressor and then, when somebody responds To your provocations that you get to suddenly invoke self defense claims right if you uh go up to somebody in a bar and you smack them in the back of the head and they turn around and pop you in the jaw and and and you you know, Strike them back or or shoot them, and you say well uh that was self defense because they were going to attack me.

You started it. You hit them in the back of the head, you cant do that you cant just uh just smack them and then, when they are responding to you and youre in fear for your life, pull out a gun and shoot them now youre going to claim self. No, you cant do because you provoked it if you, if he was going to hit you right, you kind of probably deserved it, because you started it. You were the provoca, the provocateur. You were the person who was instigating the entire situation in the first place, which is exactly what the prosecution is trying to do here and so were going to hear from them when they do get to the detective, and we talk about this. This same theme happening that written house was this reckless lunatic out there? That was really instigating the whole. The whole conversation. So with that in mind with that idea, that rittenhouse is chasing rosenbaum with this idea that written house was this lunatic with an ar 15 out. There lets jump into the testimony of the day. This is corey elijah washington. This is what this gentleman looks like, and so he was in court today. He is a live streamer and a youtuber, and so he started testifying yesterday and then he live streamed yesterday and says uh on his channel cory. Elijah says i cant talk about it, which is true. You can see this. He posted this 20 hours ago says uh, just saying hey, but i cant speak about the thing which is truly.

He really shouldnt be you know, shouldnt be um talking too much about it. In public but uh here he is in court today and uh theyre, asking him specifically sort of uh. You know tell us about the environment whats happening when you are wandering around there in kenosha its sort of madness. We heard yesterday from dominic black that it was like a war zone. A lot of people had ar 15s dangerous situation. Tell me whats going through your head. This is thomas binger asking mr washington those questions. At the moment, this video was taken on the night of tuesday august 25th. Did you have any idea who kyle rittenhouse was no had you even taken note of him at all that night up until this point uh briefly kind of i took a mental note just so when i, when i arrived on the scene, i kind of was, i Kind of looked at the people that were there and kind of i dont know just took a note of the people that were around me, especially you know, people that are armed to kind of gauge the crowd, and you know the environment that i was in um. I dont know he just kind of looked young to me and he had his gloves on and youre smoking cigarettes and stuff. So i was, i dont know i kind of was like i kind of seemed like an interesting figure. So i just took a mental note of that.

I would listen to anything. I wouldnt say malicious, i just you know a young person in a situation. Honestly, i would say it was mainly the the gloves i didnt know why you had the gloves on it. Kind of stood out, so i was like all right. Let me just kind of remember that i suppose so i think you can understand that the whole situation was kind of weird because it was a city uh, you know being burnt to the ground. It wasnt good. So yeah there was a lot of things that really stood out, but and presumably somebody who is 17 years old about to turn 18 running around with a you know, assault rifle on a sling across his chest. Looking at a a picture right now, you know with with a hat backwards, medic bag running around with fire extinguishers and things with the gloves on yeah. It probably looks a little bit, you know strange, but not anything that would be. You know provocative or would be aggressive. He didnt use any of that language. He just kind of mental notes. Young gloves cigarettes seemed interesting, made a mental note of that. A lot of weird things happening that day and so hes, probably making a lot of mental notes about a lot of things. So not much came out of that, but here is where we we now sort of get into his actual testimony about the stream. So this is a video of his stream and we can see hes going to sort of walk us through it a little bit.

This is now bingo asking him specifically. What did you do after those gunshots went off so were gon na play this, and this is the mo. This is where his vantage point is from when the gunshots went off, so you can see sort of that hes. Looking in to exactly the area where rosenbaum, as were going to see, was chasing kyle leftward on the screen so back towards those lights in that direction, and that this is where he was standing so were not going to see anybody get shot were going to hear The gunshots and then bingo is going to ask washington whatd you do after that. You know, after you heard the gunshots. What happened next here that is im going to represent to the jury. I dont think theres any dispute about this. We have just heard the shooting of joseph rosenbaum and well go back and uh go over that in just a second but mr washington, there was a first shot, which was not mr rick and i was shot. Yeah well get started. Let me just let me finish and ill go back, mr washington. After you heard the gunshots um. What did you do? Personally? I skated away to find safety, okay, um and then eventually yeah skate it away right, pretty pretty obvious, so he wasnt really all that close to the to the scene. So we dont get much from him out of that. You know hes hes, not really in a good position.

To tell us much about well was was kyle, you know running away in fear of his life or what was happening here. He was pretty far away, just heard it, and just as soon as those four gunshots went off, he takes off mark richards, as you heard, hes like whoa whoa whoa hold on a minute now, and this is sort of the lucy ness of the trial that i Was mentioning you know the the the in the prior days that weve talked about it its just kind of loose right? Not there wasnt a formal objection, you know to any. There was no conversation about it. Hes like hey by the way when youre talking about this. This is the were were not talking about the first shot. That first shot was all about somebody else that was the zimiku. You know family it wasnt the shot that written house fired. Those came after the first shot right, rittenhouse fired that second short succession of shots. That actually ended up killing rosenbaum, so very just kind of loose, and then the prosecutor turns around yeah. I know well, dont worry about it, ill, get there and youre going well. What is happening, and so were going to see a lot more of that as this continues to unfold, but just kind of you know almost informal and the judge just is very hands off. So now that was washington and and again the government is not really getting much information out of these people, because theres not much to get out of them.

They were there. They were sort of you know around the scene. They were just filming, werent, really close to kyle, because it all happened so quickly and there was only a handful of people there. This guy was not close to the actual shootings. He was somebody who just was standing there and we dont know who else the governments gon na call, but you know presumably theyve got some other people who are closer to this thing, theyre, not where that guy was otherwise. This guy just talked us through a bunch of video and didnt, have much to say about kyle other than you know kind of looked weird and had the gloves on his hand. Not much came out of him that that leads you to think that kyle is a reckless murderer. Intent on you know, multiple homicides, so uh. That was that now the defense comes out. This is chirafeci and he comes out and hes going to spend a quick minute on this curfew point i know the curfew point seems very minor, but it it sort of isnt, because what what theyre trying to do at least mentally, is the prosecution is trying to Show that sort of one domino leads into the other dominoes. Now you know how this will settle out in the court of law, how all the law lays out in kenosha wisconsin. I dont know i dont practice law there, but heres whats whats trying to happen. You know mentally the idea being that rittenhouse had a seek a sequence of illegal actions that all compounded that led into multiple homicide.

Shouldnt have had the gun. We heard that testimony yesterday from dominic black were going to hear weve heard previously and i dont think we played it from the prosecution, but chi rafici is going to lay out their argument and then rebut it here. So youre going to get both sides of this. But chi rafici then comes out and says uh. Well, let me back up written house shouldnt have the gun according to the prosecutor, this comes out. Allegedly, this is the point theyre trying to make from dominic blacks testimony now. The prosecution is also trying to make the point and prove this count that rittenhouse was in violation of the curfew order, and so he was sort of stacking multiple illegal violations, one on top of the other, which leads a person to say that theyre, in such violation Of the law that they can no longer employ self defense, because theyre sort of cracking the protection of that, so you know whether whether that is legally accurate or not is a different is a whole. Different. Conversation were hearing about how this is going to be settled about jury instructions and what the judge allows in and allows out its a loose trial. And you know a lot of this stuff where, as were going to see here in a minute, the judge is sort of dealing with on the fly. So you know you cant, you cant escape those those permutations or possibilities. Okay, so enough of that lets, listen to chirofisi talking about the curfew charge here he is so.

Can i ask mr washington on the night of the 25th um, when this all happened, the video that you just showed us did you receive a curfew ticket? No! No! Okay, did you were you aware there was a curfew in place? Yes, okay and you agree. You were out past curfew, right, yeah, okay, okay, so you see what hes doing there hes trying to minimize this thing: the governments going to come out and theyre going to try to stack those dominoes one after the other. Well, rittenhouse shouldnt have even had that gun. His friend dominic said so, and he was out in violation of the curfew and then he was uh, you know being the aggressor and so on blah blah blah blah blah blah. So, okay, this big, this big deal that theyre making about this curfew violation. You knew it right. You were out there, nobody cared, nobody stopped, you you get a ticket, no any of your friends get a ticket anybody care at all. No, so its not a big deal right. It was one of those things on the books. Nobody was enforcing it prosecutions going to be trying to make a mountain out of a molehill here and hes going to try to minimize it, as he just did couple other questions here on this. This was something that i thought was symmetrical so often times what youll see in trials is the the prosecution will have a style. Yesterday we talked about this with binger binger likes to come out and do the the triad right.

This is something very common in law, not something new here, but they come out and they do the thing the one isnt it true that so and so, and so and so and so and so and you go yeah thats true. Well, that sounded really true. Three things thats a really powerful statement, and so the prosecution did that yesterday they came out and he said well, there were a lot of people protesting wasnt there, mr washington uh, but but they were just protesting and they werent shooting. Were they right and there were a lot of people shouting, but they werent shooting either? Were they and there were a lot of people there with ar 15s and they werent shooting either? Were they no? They werent. No, they werent. No, they werent. Okay. So you get that sort of sequence: its got a nice cadence to it. A nice rhythm kyle was a reckless lunatic because everybody else was protesting. Everybody else was out there shouting, everybody else had guns, but hes. The only one that shot anybody – and we heard a lot of that yesterday here – is chirofisi. Reversing that today did you see anyone to be fair at that gas station chase anybody else trying to attack them. Did you see that? No? Not that i recall, do you see anybody on the ground and another person trying to kick him in the face? Did you see that? Did i see another person trying to kick someone in the face no by the by the ultimate gas station now right? Did you see anybody hit somebody in the face or the neck area, with a skateboard at that location at the location by the ultimate gas station? No see anybody chasing anybody pointing a gun at him see any of that at that at the ultimate gas station uh at the ultimate gas station.

No okay and okay, so prosecution says kyle. Rittenhouse is a reckless lunatic because everybody else was able to not kill anybody, but he wasnt able to do that. So hes, the odd one out. One of these things just doesnt belong here. Everybody else didnt kill anybody. Ridden house did so up hes the one who stands out and what tirapisi did is just said. Uh not really, though, because if anybody else here had been chased had been hit with a skateboard had been getting, you know, jumped flying, ninja kicked in the head had been running from gunfire. Well, they probably would have done the same thing too, but that didnt happen to all of those other people who were protesting, who were shouting who were out there with ars. If that had happened to them, presumably more people would have done. What rittenhouse did is what the defense is trying to glean there for us and, i think quite effective, so weve got a couple other things i want to just point out about washingtons testimony here is chirafici now going back through washingtons testimony through some of the video And specifically asking him about this: did you see him being agitated? Did you see him acting inappropriately in any way here he is okay. Does he during this time that you saw him, does he appear to be agitated or irritated in any way to you, uh right? There it looks like hes just kind of standing looking around okay would if he would have been agitated or irritated or threatening in any way.

Would you have kind of followed him around, probably or not, with the camera, to see what he was doing like if he was through like threatening yeah, i mean he was acting ill. Ask you this way he was acting inappropriate um. Would you have videotaped him if he was engaging with someone in an inappropriate way and it was in my radius and i caught it? Then i would move to that direction. Yeah. So is it fair to say theres nothing about his behavior at the ultimate gas station that made you focus on him at all at this point, theres im just kind of standing around seeing whats going on because theres not much happening so yeah theres. No so just play it, please all right, so theres. Some footage, like everybody else yeah, is that fair, yeah. Okay right is that fair, hes just walking around like everybody else not agitated at all, not you know not upset about anything and uh yeah. He says yeah kind of looks like it now. This was an interesting clip. Uh not really not anything interesting here, uh legally, but i wanted to play this because i think this man, washington, is insinuating that defense attorneys have small hands, which you know is a personal insult, but thats okay well! Well! Well, let it stand here. He is now getting into it about skateboards and about the trucks that are on the bottom of skateboards and about whether somebody would grab one of those trucks with their tiny lawyer hands and use it to smash somebody over the head and so its kind of a Fun exchange because theyre talking about something that feels like theyre, really battling over this thing about where to grab a skateboard and its not really consequential to this.

But this is what happens oftentimes when youve got a lawyer whos trying to get a point out of somebody, and somebody just doesnt want to give it to him. It has nothing to do with the case, its inconsequential, really one way or the other. The attorneys just trying to get him to say something, and he just wont do it, and so it is, it is pretty funny lets, take a quick, listen and whats happening here. This is about about a minute and a half, i think so. Well, just let it play you had. You were asked um how you got around that night and you had mentioned that you had gotten around that night on a skateboard. Yes, okay, do you know um what the trucks of a skateboard are? Yes, what are they theyre? What you attach the wheels of your skateboard to that attaches them to the board itself? Okay, so, can i ask you this if you were, if you were gon na swing, that skateboard in an effort to create some velocity and hurt someone, how would you swing it? If i was going to swing my skateboarder to hurt someone grab it i mean, i suppose it depends on the situation. You can. I mean its a plank of wood. Pretty much so. However, you favor holding a plank of wood. Could you grab it? Could you grab it by the trucks and swing it you could? If you yeah, you could hold it and you could grab it by anything, really anything thats on it.

You could hold it by so, yes, but the trucks would let you swing it. One handed right. I mean i yes, i suppose, but again you could hold just the board itself with one hand, depending on the size of your hands. Again, i have fairly large hands. I hold my board with one hand all different types of ways, but if you have smaller hands, that would probably be the way that you would want to hold it. If you were trying to strike someone, i suppose i dont im not an expert at striking people with my skateboard. I kind of just write it like a you know what its meant before so im. Just asking your opinion on, if thats all okay, now all right, if uh look, i dont need to hold it by the trucks. Okay, i got pretty big hands, but if you need to hold it by the trucks you little small handed tiny handed defense lawyer. Well, thats your prerogative brother im, not an expert at uh, striking people with skateboards, but and so it has nothing to do with anything right, but you could see he just did not want to answer that question hes like well. Maybe i mean i guess you could strike him over the head with the trucks if you wanted to but uh hilarious hilarious, just from a human psychology. Psycho psychology perspective, just people just dont want to cooperate even on something thats. So you know so benign as to this and its just funny to watch him.

His facial features. His expressions throughout the entire morning were quite hysterical and hes got big hands. So hes got that going for him as well. Free appalachian says its not the hands. That matter its the feet, especially for european descendants, which i dont know if thats true or not, but uh, all right, so weve got that going now. Here is where washington talks about somebody on this entire scene. Somebody was very unreasonable, wonder who that could be here. It is, i just ask you this and i dont know you said that you kind of at least took mental note of mr rittenhouse, maybe because of his age because of the gloves things like that right, yeah, i mean i took him like again. I took a mental note of some of people that kind of stood out to me in my opinion, theres a lot of chatter on the internet and stuff like that people are saying that people are going to like randomly kill people, mainly theyve said they were going To be targeting black people, or something like that, which is you can all see im a black man, so i was took a note of that. So i was like wanted to know who was around. I didnt necessarily feel like that was true, but you never know what may happen in situations that you know clearly, you know who thought buildings would be set on fire and all that, so you never know what really might happen um.

So i took a mental note of people that kind of stood out like again like people that were acting erratic, like i suppose mr rosenbaum or oh, the little things that sit out like chain smoking with gloves on and stuff you know so. Can i ask you this you described if i have it right, you described rosenbaum as acting erratic from all of the moments that i was around, that you cannotice yes other than smoking, with gloves on anything that kyle rittenhouse did that you noticed. That was in any way, erratic threatening use any term. You want um use any term that you want to describe anything that was out of the ordinary about his behavior. I would the only thing i could say that was i i dont and maybe its to be fair, like come on. Just i suppose my opinion he just seemed like he was young and, like he didnt know exactly like what was going on and because he was smoking so much and he again the if he didnt have the gloves on. Maybe i wouldnt have noticed as much, but i just dont know why, like in the situation, why you would have gloves on maybe theres some technical reason or something that you may know, but to me thats, just what stood out to me. Okay, not saying that i felt like oh, this is a guy thats gon na go around and mow a bunch of people down or anything like that.

I just was like oh thats interesting. Let me take a note of that and when he ran by, i was like. Oh, i went in my rolodex in my head like oh, i remember this guy from before. Is there any anyone chasing him or anything? No, maybe theres something happening down that way. So i just headed in that direction, not necessarily focusing on him yeah. So you can see nothing there right, just kind of rambling on no nothing stood out and it its its hard to get him to to give a a solid answer, but hes not saying anything. Bad, you know its not saying well, he didnt do anything erratic, correct, no correct hes, not getting any of those like hard ends where the testimony just ends with a mic drop, but the guys just kind of rambling. On no man, i didnt notice anything gloves smoking. Okay, thats fine, the other guy rosenbaum, was being erratic using his own words. This is the governments, witness they called him up, rosenbaum according to their witness, was acting erratic and the defense just called them out on that, and so that was elijah washington, hes corey elijah. On youtube, and so give him a follow if youre interested in seeing what he has to say about this im sure that well be hearing more from him. Next up in day, three of the written house trial, weve got kenosha police department. Detective martin howard now were going to start off with a brief intro from him about what he does.

Basically, he was really scouring the internet right after they got news of the shooting they heard it was a four homicide type of a case and they just jumped right into internet research to go and start saving videos. Basically, what uh, what a lot of us were doing – saving videos and trying to analyze what happened and piecing together, how the shooting unfolded and so its this gentleman here this is detective. Martin howard kenosha police department, detective been a detective for three years was on patrol before then, and so right after this, he sort of is talking about curfew. He testifies about a lot of different things, but he was doing surveillance, and so he started really doing the deep dive into everything. Search warrants going and sort of you know, requesting documents and subpoenas and saving videos and people were sending videos into kenosha hey. I was there i saw this. Where should i send this? It lands on his desk. He also had a partner ben antar marion, which im not sure, if were going to hear from him or not, but who interviewed some of the other individuals who were related to the case and so lets start off by listening to what he says and about what His involvement is in the written house shooting this is detective. Martin howard now did there come a time in that evening when your assignment changed? Yes, when approximately was that just before midnight, and can you tell us more about that – there was a report of a shooting in the area of 60th and 63rd in sheridan and uh.

At that time, we initially were got a report that there were four homicide victims, and that was a report you personally received yes and, as a result of that, did your assignments uh that evening change yes at approximately 12 30 uh, detective vance raymond and i were Assigned to investigate this case and since that time, 12 30 a.m. On august 26th, the following morning, uh uh, have you and detective vantaramian been the primary lead detectives on this case? Yes, and can you tell us a little bit about what you have done personally in the course of that investigation? One of the main things i did was go over the internet and try to find as many videos as i could of this incident. There were a lot of videos on social media, so i do twitter searches for kenosha and find videos that contain the incident and save those. There are also facebook live streams. Like mr washingtons that we just saw, i was able to locate that and save that from facebook, and there were several other locations that videos were found. Some private citizens came forward with video. We gathered those. Now you said that about 12 30 in the morning uh on the night, all right so thats it from him yeah. So he hes just just gobbling up data right gathering every single piece of video surveillance, footage that he can gather watching everything, and so he was not also he wasnt recording these things.

This is a little bit different than washington. We just got done with washington and washington testified earlier this morning in day three and he actually recorded the footage. He was there on the ground, and so you can ask him questions about that right if he says something in the video, if hes walking around and says. Oh, that car is red and hes in, and we want to play his video in court and he says that on the camera we get to ask him questions about that. The defense can cross examine him about it, its called confrontation. You can confront him about his statements because hes in court, you said, mr washington, that that car was red, but it kind of looks like its a a maroon isnt that true well, no, i dont think so. It really is red heres. What i think red is – and this is why its red not maroon – and you can have a conversation about it, but you get to confront that person if that person is not in court and theyre saying something on video. Well, if it is something that might have an impact, if its something that might be a statement, an opinion, something that might persuade somebody or if its labeling, something as something or if its offering a perspective that maybe you wouldnt get from just watching the video. Then now you have to talk about that. What what is the impact of that and and can that come into court, because if that does come in and that person who actually recorded that footage is not in court, you dont get to confront them about it.

You cant cross examine them. You cant have a conversation about it. You cant challenge their memory, and so this guy now is a detective whos, just playing a bunch of videos today and so im going to give you the full list of all the different exhibits that they go through. But we just heard him my role in the investigation i get on the internet. I download everything i categorize it. I organize it and i make sure that its its available for you and so all of that went over to the prosecution and its in the list of like 15 20 exhibits. I dont know how many i didnt count them all, but he walks us through this. All afternoon i mean its like a full day of scrolling through videos. Most of these weve already seen were going to talk about a couple of them, but before we get into it, i want to show you that this guy also had a conversation with kyle, rittenhouse and remember kyle. If you watch a lot of the footage that weve already watched here, he is sort of on the ground. Somebody is doing a flying. Ninja kick through the air somebodys swinging a skateboard, his direction, he sort of was banged up a little bit and so the prosecution. This is again the governments witness they came out today and they asked this detective um. Can you tell us about kyles injuries because you met with him that very night didnt you? How did he look? What kind of shape was he in heres the detective face to face contact with the defendant? Yes, did the defendant indicate to you that he had suffered some injuries that night? Yes, did you take photographs and document those injuries? Yes, can you tell the jury about those injuries? He had an approximately half inch scratch above his left eyebrow.

He had a small cut on the inside of his lower lip slightly offsite slightly offset to the right. There is a approximately two inch scratch below his left. Collarbone there was some redness to the right side of his belly button just below just above his waistline. There was an approximate two inch scratch on his left. Forearm. There was some redness on his right forearm. There was some redness on the tip of his right thumb and on his back there was a scratch somewhere on his left side about the uh, where the left shoulder blade would be in that approximate area, and also there were two bumps on the on the back Of his head, that was a approximately here, so above the left ear both of those injuries on his head. I could not get to turn up in the photograph because mr rittenhouse has very thick hair, but with the gloved hand, i was able to feel it and both of these bumps, i would approximate to be the size of a penny and the skin was slightly raised And i was able to feel that with my hands, so he actually had a whole laundry list of injuries. When i first was listening to this, i was thinking. Is he reading off of notes, or is he just memorizing this? You can see hes sort of looking at the jury just walking through the list, one this one, this one, this one like a doctor and hes just a big laundry list of all the different problems that he observed on kyle rittenhouse.

Now, something like that. Might somebody lead somebody to believe that maybe self defense is appropriate if somebody is sort of on the receiving end of all of these different abrasions throughout their body, but not prosecutor binger? He he just listens to that whole list, and his very next question to the detective is, i mean thats the extent of his injuries. That is that all is that all thats it here he is was that the extent of the injuries that the defendant reported to you? Yes, thats the extent so and you go thats the extent yeah thats a lot there. Two inch scratch left, collarbone, redness right side of the belly button, waistline two inch scratch left, forearm, redness, right, forearm, tip of the right thumb, abrased uh, back left, side, injury. He pointed to that one two bumps behind the left: ear uh, you know kind of kind of banged up a little bit banged and bruised prosecutors like i mean thats the extent of the injuries right like he didnt get shot or like stabbed or anything did he. No thats it yeah thats. All that happened there, so yeah, it kind of sounds like he was in fact assaulted. Now here is what i was sort of foreshadowing. This came up as we continued to play the videos. As i mentioned a lot of videos today, probably too many videos to be honest, but the defense didnt even care theyre, just like yeah play whatever you want, let it in who cares play it play it all you want, and the prosecution for some reason seems to Think that these videos are, you know, damning.

I think that theyre exonerating, if i can be honest about it, but they want all of these videos in and they went through every single one of them one by one like they have. You know a winning hand like every single video is a jackpot like boom. You know now, what are you gon na do now? What are you gon na do now? What are you gon na do, and so they just went through this. The defense just let it ride until we started to get to some commentary in the audio they werent really debating about what you see in the video. They dont care. Much about that because its its probably going to come in as evidence anyways once you kind of get one angle in probably going to get a couple other angles in depending on who you have the government you know may in order to authenticate this just may want To drag all these people in as witnesses just like they did with washington right, they theoretically could have done this for all of the other witnesses, but they didnt they didnt choose to do that, and so we dont know what the conversations were like between the defense And the prosecution, the defense at the start of this thing may have just said: yeah play whatever you want. We dont care because its a self defense case and our evidence is as clear as day. You can see exactly what happened.

Our defense is not going to change play at 35 different angles. If you want nobody cares and youre going to see that that actual. That was a strategy from day one right. Its sort of you know ultimate innocence, its its look at everything that weve got and youre going to see that, even at the early part of this case, when the investigation was still underway, mark richards and kyle rittenhouse gave the government access to his phone. Everything were gon na hear about that in our last segment during the cross examination. But the point here is that all this video was coming in i know a lot of attorneys are upset about it. Howd they get that in this guy, cant authenticate anything whatever. I can understand that perspective its a different style. If youre glenn maxwells lawyer thats your style, you are fighting to get every stinking shred of evidence thrown out of court if youre mark richards his style is let the jury see it all if we hide it from them. If we try to fight over every nook and cranny in this case well, maybe they are going to think that were hiding something and were disingenuous, that the alternative approach is 100 in a sense, total self defense look at whatever you want. We dont care make the government look like a bunch of fools for just playing this. Do this, this duplicative evidence 14 25 different videos, whatever it turns out to be because all of them and the only thing they do in every one of them is tend to show kyle rittenhouse is innocent, so play whatever you want now, thats a little bit of A of a riskier gamble, as were about to see, but it is a strategy and one that i dont think, is all that uh terrible honestly.

So lets take a look now at the the actual video. This is where we get into a problem with the audio again, the video is fine. Everybody can see what happened, but if somebody is on the video commenting saying well, i think that guy is a murderer right. You dont want that audio to come through to the jury, because obviously thats that thats that persons opinion its not fact just like them saying. I think that car is red versus, i think its maroon, its an opinion, its testimonial, its coming to a conclusion that hasnt been proven in court and so, if theyre, offering descriptions youre going to hear the defense object to this lets. Listen how that sounds. Um theyre! Protecting a local car shop across the street, i saw yesterday as this one is video over on youtube of this one burn and we have that fire people are hitting with bats and a whole bunch of other things being played and the editorialization i dont have a Problem with the video being played, i think i think the weve agreed to the authenticity of it. I think that the um, the individual, who recorded this is uh available to be subpoenaed if necessary. No, no, i dont think its no theres a rule, no rotation. Well, start there start from that position and well see this is a confrontation issue um its its no because it would be something that has to be a record and ill have to attend the journey.

Its not. I dont believe its a confrontation issue. Your honor, because were going to be here, weve already heard audio from other witnesses and were going to hear more. There was not an objection. I i i i can tell you. If theres descriptive material, then hes entitled to confront the speaker, there theres not descriptive material of the defendant, your honor, this is not a confrontation. Youve heard it before yeah ive seen it in its editorialization statements, assertions of fact he just made one. He did okay. Now this is all happening in front of the jury right now: okay, we we can play it without the audio. There will be times in which we will have audio of interactions with the defendant where he makes statements. Defendant statements are invisible, all right ill. Do my best to alert you when those occur all right, so theyre going to get into that now now all that took place in front of the jury now the reason why you have motions in lemonade the reasons why you have all of your pre trial motions, Any you know any any of those issues typically should be resolved before the jury is sitting there. Listening to you argue about this stuff right. That issue presumably should have been resolved before trial ever started. Prosecutors should have filed something or had a conversation im intending to play. This whole thing defense could have objected to that evidence in its entirety, and so the defense could have been waiting to save that objection until it came right out in front of the jury just to show them uh look, you know this is not.

This is. This. Is not something that you should be listening to so that might be. That might be good if the defense wanted to sort of show that the prosecution was trying to do something uh, nefarious or underhanded. But the jury could also take a look at that and say well why cant we hear what that guy was saying uh, that is the defense trying to hide something from us. Maybe there was very valuable data in there and now, if youre, a juror, whos, already leaning towards a conviction. Now what do you say you say? Oh, the defense is trying oh theyre, trying to hide the ball from us. Why dont? They want us to hear whats on that video. What did he say about it right, so you know you can see how that can split both ways and so oftentimes. What happens is both attorneys. They dont want to have those conversations in front of the jury, which is why it gets resolved via motions in lemonade. But this judge has been such a loosey goosey operator that its really hard to understand whats allowed in whats not allowed in, and so it all just sort of takes place right in front of the jury. Now the judge lets it goes on a little bit. Uh further until he finally excuses the jury and then gives us all a break because theyre still continuing to hash this crap out over over the jury panel, all right so lets.

Listen in on the next clip theyre once again going to be fighting over the audio, because this guy, the guy whos, actually recording the video whos, not in court government, has not subpoenaed this guy to come in and actually be available to confront him. He uses the word militia members. He calls kyle rittenhouse some militia members and thats not in evidence. Nobodys proven that yet thats, this guys opinion and hes not in court to cross, examine him about that.