Message from @GregInHouston2

Discord ID: 780089775909896222


2020-11-22 14:51:28 UTC  

It will certainly be an interesting hearing.

2020-11-22 14:51:41 UTC  

Of that I have no doubt.

2020-11-22 14:53:04 UTC  

He basically goes through the evidence and says "Is there enough here for a conviction"?

2020-11-22 14:53:15 UTC  

(It is a he in this case)

2020-11-22 14:53:35 UTC  

Which in my opinion, there will be enough evidence there for a conviction almost certainly.

2020-11-22 14:53:43 UTC  

It's rare you actually have this much evidence.

2020-11-22 14:53:53 UTC  

So the trial will likely go ahead.

2020-11-22 14:54:15 UTC  

I'm 95% certain it's going ahead.

2020-11-22 14:54:25 UTC  

As the judge does not listen to defenses at that time.

2020-11-22 14:54:32 UTC  

(If my understanding is correct)

2020-11-22 14:54:51 UTC  

Meaning he's not determining self-defense.

2020-11-22 14:55:27 UTC  

He's just going to be looking at the evidence which clearly shows Kyle Rittenhouse did shoot 3 people, and leave 2 dead.

2020-11-22 14:57:07 UTC  

I honestly think Kyle is in this one for the long-haul.

2020-11-22 15:07:21 UTC  

So I think the determination is going to be as follows:
- Is there sufficient evidence that Kyle killed 2 people?
- Is there sufficient evidence that Kyle shot Gaige?
- Is there sufficient evidence that Kyle possessed a firearm illegally?
- Is there sufficient evidence that Kyle put Richard McGuiness in danger?
All of those questions I feel are going to be easily answered "Yes".

2020-11-22 15:14:24 UTC  

We have countless hours of video, and multiple angles of the alleged crimes.

2020-11-22 15:14:46 UTC  

There exists little doubt as to the amount of evidence of these things.

2020-11-22 15:17:48 UTC  

@Maw You missed the big question! - Is there sufficient evidence that Kyle was in reasonable fear for his life?

2020-11-22 15:17:53 UTC  

No.

2020-11-22 15:18:03 UTC  

That's not in question during a preliminary hearing.

2020-11-22 15:18:08 UTC  

TL;DR There are plenty of exhibits to look at. What those things tell us is what's in question. That's why there will be a trial. Fin.

2020-11-22 15:18:15 UTC  

The answer to that one is a resounding YES!

2020-11-22 15:18:54 UTC  

That is an affirmative defense, which isn't determined during a preliminary hearing as far as I'm aware.

2020-11-22 15:19:49 UTC  

yea

2020-11-22 15:19:49 UTC  

@Neph (Nec) / Krystaps (War), you just advanced to level 2!

2020-11-22 15:19:59 UTC  

the judge is determining if there is evidence of the crimes

2020-11-22 15:20:03 UTC  

not evidence of defense

2020-11-22 15:20:04 UTC  

i guess

2020-11-22 15:20:36 UTC  

Evidence relating to the charges.

2020-11-22 15:20:44 UTC  

the reckless endangerment or w/e of McGinnis may be the only one open to debate

2020-11-22 15:20:50 UTC  

over whether he was directly in the line of fire

2020-11-22 15:20:51 UTC  

but idk

2020-11-22 15:20:56 UTC  

Richard was in danger.

2020-11-22 15:21:14 UTC  

He was in the line of fire, and there exists plenty of evidence of this.

2020-11-22 15:21:22 UTC  

From video to witness testimony.

2020-11-22 15:22:53 UTC  

There is evidence. What it's of is up to a jury. Whether it gets to be up to a jury is up to the judge. Something like that.

2020-11-22 15:23:01 UTC  

Indeed.

2020-11-22 15:24:16 UTC  

Seems silly that any time there is a person killed, it must go to a trial no matter the circumstance.

2020-11-22 15:24:31 UTC  

That seems silly?

2020-11-22 15:24:33 UTC  

I think it's good for the system personally.

2020-11-22 15:24:56 UTC  

I just wish it wasn't so expensive for people.

2020-11-22 15:25:13 UTC  

Then don't come to Texas!