Monday, November 15, 2021

I believe the judge's solicitation of the jury has a second purpose.

I think the judge, along with the defense lawyer, believes those that want to come back tomorrow have decided this is going to demand a deliberation to come to a conclusion and do not believe the defendant is innocent. The jurors that want to meet tonight regardless of the lateness of the proceedings have already made up their mind and believe he acted in self-defense. What are the chances this is a hung jury and unable to come to a conclusion?

I think this kind of CLUE about the jury will make the defense attorney rethink his strategy to the jury. I think the judge is faulty in his actions with the jury and is playing them as well.

The defense attorney's have no appreciation of the FACT Rittenhouse aggrivated every one of the situations whereby he used his gun to terrorize, kill and maim. The dead men were intent on getting the gun away a killer. That is all they saw. They died attempting to save lives. Rittenhouse was pointing the gun at people without reason. He is dangerous and the people that night knew they had a problem. The prosecutor proved that fact beyond a reasonable doubt.

The defense attorney is ineffective. He is to me. He is raising doubt with every authority involved in the prosecution. It is a POPULAR MIND-SET and he is hoping the jury buys it. If he wants to raise doubt, do it where it is plausible that mistakes were made. Every person for the prosecution is not lying or biased against Rittenhouse. That is not realistic.

...The Marsy’s Law (click here) initiative began in California and was led and sponsored by Marsy’s brother, Dr. Henry T. Nicholas III. When it passed in November 2008, Proposition 9, The California Victims’ Bill of Rights Act of 2008: Marsy’s Law, became the strongest and most comprehensive Constitutional victims’ rights laws in the U.S. and put California at the forefront of the national victims’ rights movement....

The prosecutor doesn't believe in the Rule of Law either. There are ethical issues here.

...Imperfect Self-defense (click here)

Sometimes a person may have a genuine fear of imminent physical harm that is objectively unreasonable. If the person uses force to defend themselves from the perceived threat, the situation is known as “imperfect self-defense.” Imperfect self-defense does not excuse a person from the crime of using violence, but it can lessen the charges and penalties involved. Not every state recognizes imperfect self-defense, however.

For example, a person is waiting for a friend at a coffee shop. When the friend arrives, he walks toward the other person with his hand held out for a handshake. The person who had been waiting genuinely fears that his friend means to attack him, even though this fear is totally unreasonable. In order to avoid the perceived threat, the person punches his friend in the face. While the person’s claim of self-defense will not get him out of any criminal charges because of the unreasonable nature of his perception, it could reduce the severity of the charges or the eventual punishment.

Some states also consider instances where the person claiming self-defense provoked the attack as imperfect self-defense. For example, if a person creates a conflict that becomes violent then unintentionally kills the other party while defending himself, a claim of self-defense might reduce the charges or punishment, but would not excuse the killing entirely....

A killer cannot cause the event of a murder and then say it was self-defense regardless of any assessment that attacks were not going to happen. Rittenhouse, then a teen of 17 years can be said to be innocent in his assessment in going into the crowd in the first place and that is why there are people dead and maimed. 

Rittenhouse knew the AR-15 was dangerous. He decided there were "bad people" in Kenosha that should not be there while he does not live there. That is vigilantism and just because he didn't think of himself as a vigilante doesn't mean he is innocent of causing the circumstances leading to the murders. The defense is trying to blur the line between wrongful actions of a 17 year old by saying all the gun charges are dropped, therefore, Rittenhouse was allowed to do what he did. 

Rittenhouse is guilty. He carelessly went into a KNOWN dangerous situation where police were already involved in protecting the city as best they could. He complicated the scene and caused more problems and not less. He aggrivated aggression by others simply because he was there with an AR-15.

No one is saying the rioting was legal or correct, but, it isn't suppose to kill.

Kyle Rittenhouse knew he was a vigilante and he knew he was part of a militia. The majority of the gun owners in the USA are not part of a militia nor would answer the call to charge into a crowd for the purpose of killing people under the guise of protecting property.

August 27, 2021
By Barbara Ortutay and Anita Snow

...The Atlantic Council researchers (click here) said that before the attack some of the online discussions encouraged acts of violence while the conspiracy website InfoWars amplified the call to arms, potentially encouraging more armed people to head to Kenosha. In Wisconsin, people 18 and over can legally openly carry a gun without a permit....

Debating the law?

 I am not impressed with the Rittenhouse judge's quantry to the Rule of Law.

The prosecutor has had a huge opposition to his pledgings by the judge and now the judge further has opposition to the prosecutor's clarify on the charges made against Rittenhouse. 

I think the prosecutor already has reasons for an appeal. 

The judge needs to be reviewed by peers to determine his competency in OBEYING the Rule of Law. I am sure he can walk, talk and chew gum at the same time, but, I believe there is a sense of self-righteousness when coming to his particular of the court. He could easily be determined as an activist judge.

Perfect Self-Defense

Perfect self-defense (click here) is the use of force by one who accurately appraises the necessity and the amount of force to repel an attack

The two dead men were unarmed.

It meets all of the generally accepted legal conditions for such a claim to be valid. Perfect self defense requires that when deadly force is used the defendant reasonably believed it to be necessary to kill the decedent, to avert imminent death or great bodily harm, and the defendant was not the initial aggressor nor was responsible for provoking the fatal confrontation.

It is necessary to realize there were no military style guns in the crowd, no matter how one defines the crowd. Rittenhouse walked into the crowd knowing he would kill people that HE determined to be breaking the law. There is no other reason to carry that military weapon. He is a vigilante and cannot be viewed as an individual within the crowd as an innocent person that was attacked for no reason. The men that attempted to disarm him were afraid for their lives, too, as well as the lives of others. That weapon can CUT DOWN human beings in large numbers at any point in time in seconds. There was no time to think about what Rittenhouse's reasons were, the presence of the gun was threatening. Words are not necessary to be considered a terrorist either. Rittenhouse turned the crowds actions into combat with the presence of the AR-15. The gun changed the thoughts of the people in the crowd and Rittenhouse was a huge threat.

Testimony could not be given by dead men.

September 3, 2020
By Chuck Goudie and Barb Markoff, Christine Tressel and Ross Weidner

After a worldwide social media audience (click here) watched 17-year-old Kyle Rittenhouse open fire in the middle of a Kenosha, Wisconsin street with an AR-15 style rifle, he returned to his family's home in Chicago's northwest suburbs.

The I-Team has learned from federal investigators that the gun was legally purchased, however, authorities are still working to figure out how it ended up in the teen's hands.

A few hours later, when Rittenhouse voluntarily surrendered to Antioch police, "our department did take possession of two Smith and Wesson M&P 15 Rifles" the ABC7 I-Team was told Thursday by police chief Geoff Guttschow. "These rifles were subsequently turned over to the Kenosha Police Department in furtherance of their investigation into the shootings that took place there," chief Guttschow said.

Even as the teenager is being held in a Lake County lockup while extradition proceedings play out, investigators on both sides of the state line work to "determine when, where, how and by whom the firearms were purchased; and to determine if any crimes were committed in our jurisdiction in doing so," Guttschow said....

The judge is solicitous of the jury.

It is Wrong!

Completely and absolutely wrong for countries and companies that use capitalism as their economic engine to come to the CLIMATE CRISIS accords expecting to water down and/or protect their fossil fuel industries from dire changes of the use of their products. This is absolutely no different than the Montreal Protocols. Everyone gets on board for a complete and absolute change in energy and transportation.

THERE IS NO EXCUSE FOR BACKSLIDING. 

NONE, EXCEPT, GREED AND GREED IS GROSSLY IMMORAL.

"Good Night, Moon"

The waxing gibbous

10.9 day old moon

84.3 percent lit

Earth has more satellites than the moon.

November 11, 2021
By Benjamin N. L. Sharkey,Vishnu Reddy,Renu Malhotra, Audrey Thirouin, Olga Kuhn, Albert Conrad, Barry Rothberg, Juan A. Sanchez, David Thompson &
Christian Veillet

Little is known about Earth quasi-satellites, (click here) a class of near-Earth small solar system bodies that orbit the sun but remain close to the Earth, because they are faint and difficult to observe. Here we use the Large Binocular Telescope (LBT) and the Lowell Discovery Telescope (LDT) to conduct a comprehensive physical characterization of quasi-satellite (469219) Kamoʻoalewa and assess its affinity with other groups of near-Earth objects. We find that (469219) Kamoʻoalewa rotates with a period of 28.3 (+1.8/−1.3) minutes and displays a reddened reflectance spectrum from 0.4–2.2 microns. This spectrum is indicative of a silicate-based composition, but with reddening beyond what is typically seen amongst asteroids in the inner solar system. We compare the spectrum to those of several material analogs and conclude that the best match is with lunar-like silicates. This interpretation implies extensive space weathering and raises the prospect that Kamo’oalewa could comprise lunar material....