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TRAIN WRECK: Rittenhouse Prosecution Implodes With State Witness Richard McGinnis of Daily Caller
Legal Insurrection ^ | 4 Nov 21 | Andrew Branca

Posted on 11/05/2021 5:24:04 AM PDT by Politically Correct

TRAIN WRECK: Rittenhouse Prosecution Implodes With State Witness Richard McGinnis of Daily Caller

This is NOT supposed to be how the direct examination of your own witnesses is done.

Posted by Andrew Branca Thursday, November 4, 2021 at 02:03pm 73 Comments

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I’ll cover all of this in greater detail in my end-of-day analysis but couldn’t resist getting this out to all of you promptly.

The direct questioning of STATE witness Richard McGinnis by ADA Binger was an absolute trainwreck for the prosecution–and, of course, the jury watched it all happen in real-time.

UPDATE: To provide some context, for more than 12 minutes ADA Binger tried to get McGinnis to testify that Rosenbaum was already falling to the ground when Rittenhouse began shooting him–in other words, that Rittenhouse simply executed Rosenbaum by shooting him in the back when he was helplessly falling.

The actual exchange is in the video, so you can watch it for yourself, but a reasonable paraphrase would go something like this:

Binger: So Rittenhouse shot Rosenbaum, in the back, as he was falling, correct?

McGinnis: No, Rittenhouse didn’t fire until Rosenbaum charged and lunged at him.

Binger: So he shot him as he was falling?

McGinnis: No, not falling, lunging.

Binger: So you’re saying he shot him while he was falling?

McGinnis: No, that’s not my testimony. Lunging.

This is NOT how it’s supposed to be done, folks.

Talk to you all again when we do our end-of-day analysis this evening.

–Andrew

Attorney Andrew F. Branca
Law of Self Defense LLC


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Wisconsin
KEYWORDS: banglist; dailycaller; illinois; kenosha; kylerittenhouse; politicalprisoner; prosecution; richardmcginnis; rittenhouse; showtrial; thomasbinger; wisconsin
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Just Wow!
1 posted on 11/05/2021 5:24:04 AM PDT by Politically Correct
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To: Politically Correct

When his nightmare is over, hope we can crowd fund him through college and grad or law school.


2 posted on 11/05/2021 5:28:20 AM PDT by Socon-Econ (adi)
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To: Politically Correct

it’s not prosecution, it’s persecution.


3 posted on 11/05/2021 5:29:28 AM PDT by wny ( )
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To: Politically Correct

This is a kangaroo political trial which should not have made it past a preliminary hearing.

Thank goodness the judge seems to be following the law.

Rittenhouse obviously was in fear of his life and fired in self defense in all three cases.


4 posted on 11/05/2021 5:33:04 AM PDT by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
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To: Politically Correct

I wathce the Richard McGinnis testimony. The guy was amazing. In fact, I had not seen pictures of the players in this courtroom drama and honestly thought the bearded guy asking him questions must be the defense attorney. It took me a while to convince myself that, questioning and answers notwithstanding, he actually IS the prosecution. It became clear as time passed with the direction his questions were “trying” to go but failing miserably.

There is a rule in courtroom law - never ask a question to which you don’t already know the answer. He seemed to violate it with almost every question. Or - he’s doing it on purpose. I have a theory about the prosecution here:

Their job in this particular case is not to win. It is to make it clear to a large enough part of the BLM/ANTIFA/leftist part of the population that, when the case against Kyle loses handily (which is inevitable), this one does not rise to the level of their “righteous indignation” - and subsequent rioting. i.e. it takes the wind out of their sails.

Sometimes when you win, you lose*. And sometimes when you lose, you win.

*A classic example of this would be Pearl Harbor.


5 posted on 11/05/2021 5:38:18 AM PDT by cuban leaf (My prediction: Harris is Spiro Agnew. We'll soon see who becomes Gerald Ford, and our next prez.)
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To: cuban leaf

The best way to take the communist wind out of their sails is to do exactly what Kyle did. Dirt nap em.


6 posted on 11/05/2021 5:51:17 AM PDT by eartick (Stupidity is expecting the government that broke itself to go out and fix itself. Texan for TEXIT)
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To: cuban leaf

McGinnis was one cool cat.


7 posted on 11/05/2021 5:52:43 AM PDT by Fido969 (45 is Superman!)
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To: Politically Correct

And here is Andrew’s excellent end-of-day analysis:

https://legalinsurrection.com/2021/11/rittenhouse-trial-day-3-states-own-witnesses-damage-prosecution-reinforce-self-defense-narrative/


8 posted on 11/05/2021 5:52:54 AM PDT by House Atreides
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To: Politically Correct
The train wreck was Wednesday. Here's Branca's thoughts on yesterday. (train wreck part 2)

https://legalinsurrection.com/2021/11/rittenhouse-trial-day-3-states-own-witnesses-damage-prosecution-reinforce-self-defense-narrative/

The prosecution is doing a fine job for the defense.

Humorously, during the recess the cameras were deflected off to the side, as is the usual practice when the court is in recess.

The judge’s microphone, however, was left live. As a result, we got to overhear Judge Schroeder make casual conversation with his clerk.

Part of that conversation went along the lines of, “Man, this seems to be taking forever. How long has he been on the stand? How long? How about, two weeks?”

9 posted on 11/05/2021 5:53:06 AM PDT by Pollard (PureBlood -- youtube.com/watch?v=VXm0fkDituE)
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To: Politically Correct

This is the zimmerman trial all over. The prosecution in that one was just as bad. The actual problem in both is they have no case.


10 posted on 11/05/2021 5:53:15 AM PDT by pas
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To: cuban leaf
*A classic example of this would be Pearl Harbor.

And Pearl Harbor II, on November 3-4, 2020.

11 posted on 11/05/2021 5:54:06 AM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: Politically Correct

Maybe he can prosecute the 1/6 fiasco next. Talk about coaching the witness to lie.


12 posted on 11/05/2021 6:00:42 AM PDT by bray (Our patience is wearing thin Joe)
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To: Politically Correct

Prosecutor: “So your interpretation of his intent is just a guess right?”

Richie: “He yelled f***k you and reached for the gun”

pic.twitter.com/qqrnMIgIYf


Richie McGinnis was the prosecutors eyewitness who totally destroyed the prosecution’s case with that one-liner.


13 posted on 11/05/2021 6:06:01 AM PDT by Presbyterian Reporter
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To: Presbyterian Reporter

https://twitter.com/crabcrawler1/status/1456337406521712651

hopefully this link works


14 posted on 11/05/2021 6:09:12 AM PDT by Presbyterian Reporter
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To: cuban leaf

Interesting theory.

If the prosecution is obligated to bring the case to court (I’m not precisely sure where the obligation would come from, but perhaps simple political pressure is sufficient) and if the prosecution knows better than anyone what a losing case it is, then maybe they could be almost a shadow defense team and help broadcast to the community “This is not a case that you should riot over”.

But I wonder if that could be perceived as any sort of courtroom misbehavior? “Hey, you didn’t really try to convict that guy at all! What’s up with that?”


15 posted on 11/05/2021 6:09:51 AM PDT by ClearCase_guy (Alec Baldwin has killed more people than the Jan 6 protesters. And he will serve less jail time.)
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To: Politically Correct

Here is the testimony. Scroll down for video.

https://lawofselfdefense.com/trainwreck-rittenhouse-prosecution-implodes-with-state-witness-richard-mcginnis/


16 posted on 11/05/2021 6:12:26 AM PDT by CodeJockey (Think for yourself. (While it's still legal))
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To: ClearCase_guy; cuban leaf
I have another theory: that the process is the punishment.

Kyle's life has been hell and no one else would want to go through what he's already been through, even if he wins and is freed soon. So this whole process is a message to any future Kyle's to let the Dim rioters have the freedom to riot and destroy cities, so the end result is more chaos for us to have more government control over our lives.

17 posted on 11/05/2021 6:18:36 AM PDT by Tell It Right (1st Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: cuban leaf

This is a case of “the process is the punishment.”

I doubt there is any intention to quell the violent activists of the left - if anything this lawyer will come out after verdict and say it was an injustice.

If there is a next time the right properly uses force of violence in self defense, this prosecutor would charge them, too.


18 posted on 11/05/2021 6:25:21 AM PDT by Cboldt
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To: cuban leaf

There is another message being sent by the prosecution: yeah we may lose this case but we sure F’d this kids life up didn’t we? We will do the same to you if anyone tries something like this again.


19 posted on 11/05/2021 6:29:17 AM PDT by Michael.SF. (Never do anything illegal, when you are doing something illegal. )
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To: Politically Correct
Binger: So Rittenhouse shot Rosenbaum, in the back, as he was falling, correct?
McGinnis: No, Rittenhouse didn’t fire until Rosenbaum charged and lunged at him.
Binger: So he shot him as he was falling?
McGinnis: No, not falling, lunging.
Binger: So you’re saying he shot him while he was falling?
McGinnis: No, that’s not my testimony. Lunging.


Right, this is called "leading the witness". Too many judges permit prosecutors to do this routinely. It's usually OK on cross examination if the witness is hostile. Declaring your own witness to be hostile is quite unusual, and a jury should note that.
20 posted on 11/05/2021 6:32:03 AM PDT by Dr. Franklin ("A republic, if you can keep it." )
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