UPDATE 4:45PM CDT: Judge rules against Rittenhouse grants extradition to Kenosha, WI, Rittenhouse attorney responds
WAUKEGAN- With Kyle Rittenhouse physically present in court, Judge Paul Novak adjourned today’s extradition hearing without rendering his decision on extradition.
He stated the decision would be made by 5PM CDT today, October 30. The decision to delay a ruling caught the Lake County State’s Attorney officials by surprise.
The decision was released to the public at 3:16PM CDT.
During the hearing, the main argument against extradition by lead defense attorney John M. Pierce, is the criminal complaint was not thoroughly reviewed by a Wisconsin magistrate prior to being issued to Illinois authorities.
On the basis of case law presented by Pierce, the immediate petition for extradition should be thrown out and Rittenhouse should be set free today.
Judge Novak ruled with the proper filing of the governors of the states of Wisconsin and Illinois, the extradition petition met legal standards.
At the start of the hearing Wednesday, Pierce said a mid-week decision to pursue the extradition paperwork made the appearance of witnesses previously cited earlier on McHenry County Blog unnecessary.
Outside of the courthouse, protestors gathered, per this report from WTMJ TV Milwaukee reporter Ryan Jenkins:
Additionally, tonight on CourtTV, a review of today’s extradition hearing will take place:
At 1:23PM CDT this afternoon, Fightback Foundation head, and Rittenhouse civil attorney Lin Wood issued the following on Twitter:
Given Lin Wood’s declaration of intent to file an appeal, still not clear where Kyle Rittenhouse will be transported this afternoon.
Rittenhouse attorney response:
After the mid-afternoon release of Judge Novak’s ruling, defense attorney John M. Pierce issued this statement through Twitter:
“While we have great respect for Judge Novak, we obviously and strongly disagree with today’s decision. Kyle has an absolute statutory right to appeal the denial of his habeas corpus petition pursuant to 725 ILCS 225/10.
“We will be filing his notice of appeal immediately and pursuing Kyle’s righteous cause with swiftness and vigor in the Illinois Court of Appeal. We will never surrender. Kyle will be set free and cleared of all charges.
“He is grateful to you all and asks for your continued prayers. God Bless Kyle Rittenhouse and the USA.
#FightBack
John M. Pierce tweets 10/30/20, transcribed by McHenry County Blog
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Media reports confirm Kyle Rittenhouse has already been transferred to custody of Kenosha County Sheriff’s Department.
The appeal from Rittenhouse’s defense team will be filed through the Second District Appellate Court in Elgin.
Just signed the kids death warrant..is he going from juvie jail in lake county to big boys jail in Kenosha?
If so, may God go with him.
Shame on you Judge Novak.
Law so slippery can go from something that could free him this day, to now, he’s extradited to big boys jail in another state.
Pritzker wanted him out of this state thats for sure.
Off topic:
John, you were supposed to report back to us this week with some information about an ad buy that will or will not happen. Forget the details but this was supposed to signal to you whether IL-14 is over or not.
What goes around, comes around.
It’s called karma, politicians and judges aren’t immune.
Looks like Pierce was Shanghaied.
Will Rittenhouse even survive in the BLM run jail?
On a related note, I managed to get a previously Unregistered 67 year old man to the polls to vote in person.
I drove him.
He voted for Trump and Ives and has a picture of the ballot for proof.
He never voted before.
He should have thought about the big boy jail before he picked up the big boy gun.
Not saying he’s guilty or innocent.
If a juvie wants to play like an adult they better expect to be treated like one.
Oh, you are referring to the 2nd installment of the House Majority super PAC $560K ad buy due this week, and it hit the FEC late Wednesday night.
And the hit-piece ads keep playing, as well as Oberweis’ two ads, “Beautiful Protests” and “Blessed”.
All playing on broadcast TV.
IL-14 is in play.
President Trump even did a tele-Rally last night with over 7000 participants.
Trying to confirm another “rumor” of an additional Democrat buy in the 14th, but have not confirmed the buy.
One would expect a white, right-wing but anti-cop movement to start emerging in this country soon.
Eventually people are going to stop listening to the burgerboy baby boomer “Republicans” telling us to respect the “law” and the “lawman” while seeing people forced out of church and arrested for defending themselves from criminals trying to murder them.
Once this starts happening, there could be be a quick and drastic realignment.
Remember what Comrade Lenin told us, “There are decades where nothing happens; and there are weeks where decades happen.”
They’re just buying time with an appeal.
It’s virtually unheard of for an interstate extradition attempt to fail.
Hopefully, the guards in Kenosha will see Kyle as a hero and keep him safe.
Kyle will have his day in Kenosha court! Hooray!
Billy Bob, I wonder if the guards will abuse Kyle, too!
Diannne is a strange sort of trans whore who hates anyone or anything she thinks is dismissive or hostile to her sick lifestyle.
Correcting, you are oddly prescient.
Also well-read.
The purpose of an extradition hearing is not to try the underlying offense (including, of course, any defenses thereto such as self-defense).
The germane issues in any challenge to extradition are
(1) improper identification (“I’m not the person being charged in the requesting state”), and
(2) habeas corpus violations (typically encompassing
(a) whether the extradition documents from the requesting state are on their face in order,
(b) whether the person before the court has been charged with a crime in the demanding state,
(c) whether the person named in the request for extradition is the person before the court (again, identification), and
(d) whether the person before the court is actually a fugitive (fled the requesting state).
Arguing self-defense (or any defense to the underlying charge) is simply irrelevant in an extradition hearing — that’s an issue for trial in the requesting state.
Innocent Primate, everything you said is accurate, but there is something you left out.
The $2 million bail, without a bond option for release with only 10% of bail, set for Kyle Rittenhouse by authorities.
Wrote in an earlier article/comment in past two months, the Rittenhouse defense team was playing for time to either get the bail lowered, or have a court allow bond.
Unknown how long it will take to bring Rittenhouse’s case to trial, and since Rittenhouse defense team cannot afford the full $2 million bail, it was better for Rittenhouse to be held at the Lake County Juvenile Detention Center instead of the Kenosha County Jail as an adult.
Now, say it takes a year or two to bring the case to trial, and one can see why the defense pursued this route.
If convicted, that jail time will count as time-served, and given the facts and the charges made, can’t see Rittenhouse being convicted of any of the felony charges against him due to self-defense.
At least the first 2 months, 4 days were spent at the juvenile facility in Illinois.
Also, look at the other developments in the intervening 2 months:
– guy who fired first shot was identified, arrested and charged, which will aid Rittenhouse defense
– Lake County state’s attorney’s office declined to press charges in Illinois, and investigated fully the weapon, where it was kept in Wisconsin, and facts that both sides will use at the trial.
John Lopez
Thank you. I don’t see how anything I may not have addressed or addressed only in passing affects extradition proceedings.
To begin with, under Illinois law there is no right to bond in extradition proceedings. (“Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in this State may admit the person arrested to bail by bond . . . .” (725 ILCS 225/16) (note the use of “may” as opposed to “shall”)).
Not surprising that a prisoner with a pending out-of-state homicide warrant wouldn’t be admitted to bail.
How long it takes to get to trial in the demanding state is irrelevant in an extradition proceeding.
Moreover, the demanding state criminal proceedings are likely (what with discovery, trial, appeal, etc., in the underlying cause) to take the same amount of time regardless of how long the prisoner is in custody in the asylum state. (Which is precisely why many prisoners (and particularly those who believe they have a viable defense to such charge) waive extradition; it could conceivably reduce the total time behind bars.)
Finally, whether a prisoner has a defense to the underlying charge (and the evidence pertinent thereto) and may at trial succeed with such defense is, as you have acknowledged, likewise irrelevant in an extradition proceeding, such being germane to trial of the underlying charge in the demanding state.
Free Rittenhouse