Defense motions to dismiss charges denied and probable cause established to take case to trial
Kenosha – Thursday morning’s preliminary hearing for Kyle Rittenhouse went as expected, with 2 defense motions being overruled to dismiss two charges, and probable cause being established at the remote hearing held via ZOOM.
While not knowing the idiosyncrasies of Wisconsin law, today’s preliminary hearing appeared to be similar to how a Grand Jury would establish probable cause a defendant committed an alleged crime. The legal bar is set very low before a Grand Jury, and it was low today, too.
Knowing this likely outcome, today’s result was expected, including the denial for dismissal of two charges against Rittenhouse.
Prosecutors used the testimony of Detective Antaramian of the Kenosha Police Department to establish probable cause for the charges Rittenhouse faced.
Under cross examination, defense attorney Mark Richards shared 12 stills of video shot, which the detective said he reviewed and the detective confirmed the sequence of events for each shooting.
Clearly, this was the beginning of laying out the self-defense claim Rittenhouse’s legal team will use at trial.
An individual’ name brought to prominence today was Joshua J. Ziminski, whom police detectives, including Antaramian, identified as the first shooter and arrested and charged. Ziminski’s first court appearance is tomorrow in Kenosha County court.
Ziminski was charged on October 9 for two misdemeanors:
- Disorderly conduct
- Use of a dangerous weapon
It was Ziminski’s shot in the air that Rittenhouse heard while being pursued by Joseph Rosenbaum in the foot chase the night of August 25. Rittenhouse thought he was fired upon given the Ziminski shot, and turned around and slowed, allowing Rosenbaum to lunge at him to attack him, while hooded and masked, and Rittenhouse fired on Rosenbaum.
Multiple times, Richards brought up Ziminski’s presence and the first shot, and more of his involvement will likely be shared at trial.
The next court date for Rittenhouse to be formally arraigned and to give his pleas to the six charges is January 5 at 1PM CST.