The jury in the Kyle Rittenhouse finished the third day of deliberations, and the tea leaves show that there is a disagreement between jurors on a case that is clearly self-defense. At least one person on this jury seems to want to make Rittenhouse pay for taking the lives of others — though it’s clear they attacked him.
What the jurors appear to be hung up on is the thin vestige of a scintilla of a chance that Kyle Rittenhouse, by dint of supposedly pointing his weapon in a fuzzy video, somehow “provoked” the deadly attack by Joseph Rosenbaum, the first man the teen shot on August 25, 2020. People who may not want Rittenhouse to go free for defending himself, which resulted in two men killed and one man wounded, may want to grasp this theory and this “evidence” to get Rittenhouse on something so he’s not set free.
Trial watchers believe the jury forewoman is the hold-up. She asked to see the drone “Hocus Pocus out of focus” video as well as surveillance video taken by an FBI fixed-wing aircraft that was spying during the riots.
The prosecutor’s evidence, to the extent that you can call it that, is a fuzzy video of an alleged provocation of Joshua Ziminski, the man who helped Rosenbaum corral Rittenhouse that night during the riots. Ziminski and his wife called for the mob to kill and “cranium that boy” after Rittenhouse shot a lunging Rosenbaum, who was grabbing for Rittenhouse’s gun.
Now, you might think that it would be interesting to hear from Ziminski during the trial. Gee, Mr. Ziminski, how did you somehow convey to Rosenbaum — telepathically perhaps? — that you were triggered by Rittenhouse’s “provocation”?
Ziminski, darn it all, couldn’t be called to testify  about what happened because, aw-shucks, he’s being tried at some point on all the other stuff, such as torching property that night, and his wife’s in prison. The prosecutor? You’ll never guess, but it’s the same guy trying Rittenhouse, Thomas Binger. What a coincidence. And, your honor, they have a Fifth Amendment right to remain silent. Wasn’t that nice of the prosecution to take the Fifth for his defendant?
What should have been done, of course, was to call Ziminski and have him take the Fifth to all of the questions he didn’t want to answer. Imagine if the jury had heard those questions. Defense attorneys, as they’ve done throughout the whole trial, didn’t fight for it.
Indeed, juror number 54, the forewoman, Â asked to see the fuzzy video as well as the FBI video.
But that fuzzy video handed over to the defense team is at the heart of yet another motion for a mistrial in this case. Yet the judge allowed them to see it again.
The piece of evidence, derided by defense attorney Mark Richards as the “Hocus Pocus out of focus,” was a video dropped into the trial at the end.
As has happened several times during this trial with “missing” witnesses and other FBI spy video, prosecutors either said they had no idea from whence the video came, as in the case of the Hocus Pocus drone footage, or provided the defense team with a substandard version of the video, as happened in both cases of the drone footage and the FBI overhead surveillance video.