In his closing arguments in the Kyle Rittenhouse case on Monday, Assistant District Attorney confirmed what many believe about the case, which is that it is intended by the state to be a referendum on the second amendment, the right to keep and bear arms.
He claimed that Rittenhouse lost his right to self-defense because he was "the one who brought the gun." Binger claimed that Rosenbaum never threatened Rittenhouse's life because there was "no video" of it, despite eye-witness testimony to the contrary.
Binger made the case that the melee was a "fist fight," and that Rosenbaum should not have had a gun at all.
"So we're just guessing but let's assume for a minute, yeah, Joseph Rosenbaum is chasing after the defendant because he wants to do some physical harm," Binger began. "He's an unarmed man. This is a bar fight. This is a fist fight. This is a fight that maybe many of you have been involved in. Two people hand-to-hand, were throwing punches, were pushing or shoving, or whatever."
"But what you don't do," Binger continued, "is you don't bring it down to a fistfight." The altercation happened in a parking lot during a riot.
"The defendant wants you to believe is that because he's the one who brought the gun he gets to kill," Binger continued. So I want you to contrast this to different scenarios. One scenario where there's two guys who are throwing punches at one another, like a bar fight. I think we'd all read, you can't kill someone."
"You can't punch the guy and crack them to the ground and then get on and strangle the life out of them. That's murder," binger said of his bar fight scenario.
"So what's the difference here?" Binger asked, not noting that the difference was that Rittenhouse and Rosenbaum were not in a bar, drinking and fighting, but in a parking lot during a riot.
"The only difference is that he brought a gun," Binger said.
"He brought his AR 15 That's why he's got to come up with this cockamamie theory," Binger said of Rittenhouse's self-defense claim, "that Joseph Rosenbaum was not only going to take the gun, but take it in and turn it on the defendant. And the defendant actually told you that he thought Joseph Rosenbaum was going to take that gun and not only kill him, but kill other people, which is really ironic, considering the defendant is the one that killed people in this case and the only one. But putting that aside, they have to convince you that Joseph Rosenbaum was going to take that gun and use it on the defendant because they know you can't claim defense against an unarmed man like this."
"You lose the right to self-defense when you're the one who brought the gun, when you're the one creating the danger, when you're the one provoking other people," Binger said.
Binger attempted to show in his closing arguments that Joseph Rosenbaum, who was the first man Rittenhouse shot that night during the riots in Kenosha, was not a threat to Rittenhouse. Rosenbaum was shot four times as he reportedly advanced on Rittenhouse in the Car Source lot. The first shot hit his pelvis, the second his hand, a third grazed his temple, and a fourth went through his back. The medical examiner, Dr. Kelley, testified last week that the shot to Rosenbaum's hand could likely have been sustained as he was reaching for Rittenhouse's weapon.