Prosecutors in the Kyle Rittenhouse trial say they will now seek approval for the jury to consider lesser charges against the Kenosha shooter. Speaking on MSNBC this Friday, former U.S. Attorney Barbara McQuade said the lesser charges are likely due to the fact that things "have not gone well" for the prosecution.
Rittenhouse is charged with five felony counts, including first-degree homicide and attempted homicide, as well as a misdemeanor -- illegal possession of a dangerous weapon by a person under 18. He broke down in tears Wednesday while testifying.
"I think one of the things that was a bit of a moonshot for Kyle Rittenhouse was his own testimony when he came in and actually held up, I think, quite well," McQuade said. "So offering lesser included offenses gives the jury an opportunity to compromise, rather than saying it's all or nothing," she said. "If they find that his mental intent was something lesser than intent to kill, then that could be a basis for them to reach that compromise verdict where he will still see some prison time despite not getting the highest offenses charged."
"...when you assert self defense, the burden is on the prosecution to prove beyond a reasonable doubt, unanimously, that the defendant did not act in self defense," she continued. "So proving a negative can be really difficult."
Rittenhouse insisted he shot three men, two fatally, in self-defense as protestors set small fires and damaged businesses in Kenosha, Wisconsin on August 25, 2020.
"I didn't do anything wrong; I defended myself," Rittenhouse testified. "I did not intend to kill them. I intended to stop the people who were attacking me."
Professor Kirk Burkhalter agreed with McQuade, telling MSNBC that "the prosecution bears the burden of proof and if they don't meet that burden the jury must find that Kyle Rittenhouse acted in self-defense."
"This lesser charge would be considered an imperfect self-defense, and it certainly gives the prosecution an out, since they may not have met their burden, the only choice a jury might have is to find him not guilty," Burkhalter added. "So by allowing the jury to find lesser included charges, they can take the totality of the circumstances into account."
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With additional reporting by AFP