Gun Watch

Screenshot from WISN, cropped and scaled by Dean Weingarten
U.S.A. –-(AmmoLand.com)- On Friday evening, 12 February, a group of about a dozen far-left protestors, allied with the DA’s office in Kenosha, called for the removal of Judge Bruce Schroeder, because the Judge followed the rule of law and refused to facilitate the political persecution of Kyle Rittenhouse.

Rittenhouse is being tried for the self-defense shooting of three men who attacked him as he fled from mobs during the Kenosha riots. Judge Schroeder required the DA to follow the rule of law.

Far Left activist Erica Ness, who is white, made these incendiary claims:  From kenoshanews.com:

“Yesterday’s (Thursday) hearing sent a clear message to violent white supremacists: come to Kenosha to kill protestors, and you’ll be supported by the police and the court system,” said Erica Ness, an organizer with Leaders of Kenosha. “Meanwhile, Black and brown folks are having their doors kicked in and are dragged back to jail for the smallest infractions against their bond. This is a gross display of bias, and we’re calling on Judge Schroeder to resign and for Kyle Rittenhouse to be prosecuted to the full extent of the law.”

Rittenhouse has never been shown to have any associations with white supremacists. The Far Left has defined the common use of the “OK” hand gesture as a symbol of white supremacists. By this standard, anyone who uses the OK gesture is a white supremacist. If it were not taken so seriously by the media, it would be laughable.  Every person who Rittenhouse shot, was white.
Judge Schroeder, in the bond hearing, repeatedly corrected the prosecution on the facts, the law, and bond procedure. The hearing can be seen in its entirety online.   The prosecutor was well aware there was no restriction on where Kyle could reside, in the bond order. The prosecution could have requested such a restriction in the initial hearing but did not do so.
If you wish to understand the protest, watch the hearing for the full 52 minutes.
Ness does not want the rule of law followed. She does not want due process. She wants Kyle Rittenhouse to be punished before any trial, because, apparently, he dared to defend himself against a violent mob that attacked him as he fled. Ness is quoted here.  From WISN.com:

“The judge has said, ‘OK sure, you broke that condition, you didn’t tell us your address, you lied, you don’t have to give people your address anymore.’ That is unprecedented,” Ness said. “This is someone who killed two people in our community and this is someone who continues to galivant around and flash white supremacist symbols and embolden more of this violence.”

At the hearing, Judge Schroeder repeatedly showed these claims (also made by the prosecutor) were false. People routinely forget to file the change of address for the postal delivery, which is the only thing that was missed by Kyle Rittenhouse’s legal team. People who do so are never arrested and jailed for this error, especially when they always appear at court as required.
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Ness appears to believe that because her political prosecutor allies have claimed a person has violated the law, that person no longer has any rights. She wishes the Constitution to be ignored when she wants someone she hates to be punished.
Judge Schroeder refused to be intimidated by the mob.  From radio.com:

Though Schroeder ordered Rittenhouse to give the court his address, which would be kept under seal but refused to increase his bail and have him jailed. The judge also acknowledged Friday’s protesters.
“This case is not going to be decided by demonstrators of one type or another. And, frankly, it’s not going to affect anything that I do,” Schroeder said.

Ness and her allies on the far left are showing how much they detest the rule of law and due process. The only rule of law and due process they are interested in is that which gives them the outcome they desire, on a case by case basis. Instead of due process and the rule of law, they support mob rule, such as was attempted during the Kenosha riots.

The left does not accept the rule of law and due process are how Western civilization has achieved the enormous progress it has made in the last 250 years.
The abandonment of the rule of law and due process leads, inevitably, to Venezuela, Cambodia, and the old Soviet Union.
Judge Schroeder ordered Kyle’s physical location be kept secret from the District Attorney’s  Office, so as to prevent physical violence against Kyle and his family.  The District Attorney Binger was told necessary contact with Kyle can be made through the Court, or by the Sheriff’s department.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Screenshot from Youtube video of hearing, cropped, scaled and yellow text added by Dean Weingarten.
U.S.A. –-(AmmoLand.com)- On 11 February 2021, there was a bond hearing for Kyle Rittenhouse, conducted on Zoom, over the Internet, by Judge Bruce E. Schroeder.

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The hearing was requested by the District Attorney Office, represented by DA Thomas Binger.

Those opposing Kyle Rittenhouse had characterized Kyle as dangerous and a white supremacist. There has not been any evidence presented to support this claim, other than claiming the OK hand sign is used by white supremacists. DA Binger appeared to be echoing those claims.
The hearing did not go well for DA Binger. Judge Schroeder corrected DA Binger on using the prejudicial word “victim” inappropriately, misinterpreting the law, misrepresenting fact, and misrepresenting bond procedures.
DA Binger, presumably, had invited one of the men who had attacked Kyle, Gaige Grosskruetz, to the hearing. Also invited (presumably by Binger) was the attorney representing Grosskruetz, Kimberly Motley; the attorney representing the two men who had attacked Kyle and who had been killed,  Joseph Rosenbaum and Anthony Huber; and Huber’s Father, John Huber (in the yellow shirt).
Kyle Rittenhouse has always claimed his use of deadly force during the Kenosha riots was justified self-defense.
Rittenhouse can be seen fleeing the mob before the shooting and being attacked in a coordinated manner by three men, two of which had weapons (a pistol and a skateboard).  It is all documented on video from numerous angles.

By the end of the hearing, Judge Schroeder had assured those present he was committed to the rule of law, a fair trial, due process, and respect for Constitutional rights. He stated he would treat everyone in his courthouse without regard to skin color.
Judge Schroeder reiterated his long-standing policy that the word “victim” would not be used in his courtroom because calling some parties involved “victims” prejudges the case.

In ordinary circumstances, this would be applauded and hoped for.
One of the functions of a trial is to determine who was the victim, especially in a self-defense case, where the person being tried claims they were attacked and defended themselves. The people Rittenhouse shot were white.
These are not ordinary circumstances.
Kyle Rittenhouse did not simply defend himself against multiple attackers, two of whom were violent felons (Rosenbaum and Huber). The people Rittenhouse shot were considered to be allies of the violent left.
The philosophy of the violent left holds the system itself as illegitimate, therefore, the rule of law is illegitimate.
The attitude is seen in John Huber’s response.  Huber, without evidence, read a prepared statement smearing Rittenhouse and claiming the people supporting Rittenhouse were “hate groups” and “militia”. Huber holds the laws to be illegitimate:

“Whatever the statutes are, they must be wrong.”

Huber holds the statutes must be wrong because they do not give him the result he wants.
John Huber appeared to make a veiled threat.  John Huber said:

“You’re not going to be free as F.  Justice is going to be served to you. “

Judge Schroeder was gentile with him, probably because he is expected to be a grieving father.
Judge Schroeder carefully explained the law, bail bond procedure, and the facts to the DA. Then he made his ruling.
John Huber’s response was the middle finger salute. A less disciplined and gentle judge than Judge Schroeder might have taken offense, if not for himself, then for the dignity of the court.
Perhaps John Huber has anger issues.
Judge Schroeder let it pass.
It seems unlikely such conduct will be allowed during the trial.
Analysis:

Those on the left have repeatedly shown they do not believe in the rule of law or of due process. They believe the system needs to be destroyed so they can replace it. They desire the rule of man.
Consequently, they show no respect for the rule of law or due process. Some prosecutors seem to have been recruited and have been elected on the premise the rule of law and due process are illegitimate.

About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Screen shot from the hearing, cropped scaled and text added by Dean Weingarten
U.S.A. –-(AmmoLand.com)- On 11 February 2021, there was a hearing requested by the Kenosha District Attorney’s office in the self-defense case involving Kyle Rittenhouse. The shooting occurred during the riots in Kenosha, Wisconsin, on 25 August 2020. Judge Schroeder of Kenosha presided over the virtual hearing, which was done on Zoom. The hearing was contentious. Judge Schroeder schooled DA Thomas Binger on the law, bond procedure, and the facts several times during the hearing. In the end, the judge denied Binger’s requests and forbade the DA’s office from accessing the location of Kyle Rittenhouse’s abode.

There exists an extensive video of the riots and the shootings, online from several perspectives. The video shows Kyle Rittenhouse running from the mob and shooting armed attackers in self-defense.

The prosecution of Rittenhouse appears to be political in nature, including at least one charge which appears to be contradicted by statute.

DA Thomas Binger from Kenosha started off the hearing, characterizing Rittenhouse as dangerous, irresponsible, and violating the terms of his bond.
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DA Thomas Binger was brought up short by Judge Bruce E. Schroeder, who showed the DA was aware of the issue of where Rittenhouse was staying on the original bond, had the opportunity to request limitations on where Rittenhouse would stay, had not asked for limitations, and no limitations were imposed by the judge. Judge Schroeder explained to DA Binger the difference between a place of abode and an address for receiving notification of court hearings.
Judge Schroeder made clear his policy that people involved in incidents before the court would not be referred to as “victims” before the case was adjudicated.  Calling some parties “victims” is, in effect, pre-judging the case, particularly when self-defense is claimed.
DA Thomas Binger said he filed a motion for a gag order in this case.
The effect of a gag order would be to only allow the prosecution version of the case to appear in the court of public opinion, thus tainting and biasing the jury pool, as well as promoting the DA’s political narrative.
Throughout the hearing, the DA and others DA Binger had invited to the hearing, attempted to smear Rittenhouse with the accusations of white supremacy and to invoke racism.
Judge Schroeder stated he would not involve race in his courtroom and he would not allow anyone to be judged by the color of his skin.
DA Binger and Gaige Grosskruetz’s lawyer, Kimberly Motley, repeatedly made the claim that not knowing a person’s abode was “highly unusual” and “required for all criminal defendants”. Judge Schroeder repeatedly showed this to be false.
The judge pointed out that Rittenhouse has shown up for every hearing, on time. He noted that the court had the cash for the bond.

Judge Schroeder: “I want to have a fair trial in this case. This case is not going to be decided by demonstrators. I do not want to hear about a demonstration.”

DA Thomas Binger admitted he does not have clear and convincing evidence to revoke the bond as required by law.
John Huber is the father of Anthony Huber. Anthony was recorded on video attacking Kyle Rittenhouse with a skateboard and struggling to take Rittenhouse’ rifle before Anthony was shot. Anthony’s father was allowed to make a statement. Huber became confrontational with the judge, about taking off a mask he was wearing. The judge was gentle with him, but Huber took off the mask.
Huber then appears to read a prepared statement characterizing the people supporting Kyle Rittenhouse as “hate groups” and “militia”. The statement seemed to call for punishment now, trial later.  He further smeared Kyle as linked to “White supremacist groups” and appeared to make a veiled threat.
Grosskruetz’s lawyer, Kimberly Motley,  used the word “victims” and called for much greater bond, and the giving of Rittenhouse’s address, asks for electronic monitoring and for movement to be confined. She claims Rittenhouse was “wearing inappropriate attire”, “chugging” three beers over a 90 minute time period. None of the actions she describes, except the mailing address change, were forbidden in the original bond.
Judge Schroeder warned her about using the “victims” term.
When the lawyer for Kyle Rittenhouse, Mark Richards, was allowed to speak. He schooled the DA.  His comments show:
DA Thomas Binger knew from the beginning that Rittenhouse was not living at the Antioch address.
The defense attempted to provide the DA with addresses under seal; the DA refused the restriction.
Kyle has appeared for every court appearance.
Rittenhouse’ Lawyer, Mark Richards, ends with this statement:

“My client will appear. He looks forward to litigating these offenses in your honor’s courtroom. We have nothing to fear, the truth will set my client free.”

Then Grosskruetz’s lawyer, Kimberly Motley, brings up the race card, referring to a separate case in Kenosha.
Judge Schroeder gives a historical explanation. He sums it up with:

 “I am not going to decide anything in this case or in any other, on the basis of the color of someone’s skin.”

The last eleven minutes of the hearing sum up everything. Judge Schroeder explains the law, facts, and procedure. DA Binger make the same arguments he made before. The judge then denies everything to the DA. Here is a transcript of the last 11 minutes of the hearing: It starts with Judge Schroeder, speaking of Kyle Rittenhouse:

Judge Schroeder:

“He was not put under a condition of living at a specific address. That could have been done. The District Attorney apparently was aware of what he now refers to as “flying the coop, was aware of that situation back then, and he didn’t ask for a condition for place of abode, and judge Keating didn’t order it,  so there is no change of circumstances there. I do not believe  it would be  proper to issue a warrant. I do not think that it would be lawful. No matter what feelings anyone has, I took an oath to follow the constitution and uphold the laws, and that is what I am going to do.
It is sad this is getting at the level that it is. I can’t help that. I will tell you that the violation.., well, most of the people who are out on bond, we don’t know where they are.  There are people who are out on bond, who are, they are business people. I have had cases where people are,  they do international business. They fly all over the world while they are out on bond, and there is nothing prohibiting them in that bond. This is a border county. A significant portion of the people who are out on bond are living in Chicago or one of the other collar counties and are in and out available every day.  We don’t have these restrictions on travel except when the judge, following the statute, puts an abode condition on. That was not done in this case. So he didn’t violate anything like that.
I don’t have the authority to issue the warrant the District Attorney is talking about.
I don’t agree with his analysis of what the circumstances, or I should say the procedure, for getting the bond changed.  I get people in here and I do change their bond. Then I tell them to post it by a certain time, or they have to report to the jail. 
If they don’t report, that’s when the warrant is issued. But to issue a warrant now, for a defendant who has appeared at every hearing, I would be breaking the law, and I am not going to do it. 
I disagree with your statement that bail is a privilege. Bail is a right. In the Constitution.

We spoke to the bail that was set. He is in violation of a condition of updating his address.
Lawyer for  Gaige Grosskruetz, Kimberly Motley: Are you talking to me? 
Judge Schroeder: I am talking to everybody.
Actually, if he would have left a forwarding address, that probably would have been full compliance, with the bond order.  We are interested where we can  send notices to the defendant to appear for a hearing or whatever the case may be. He apparently didn’t leave a forwarding address, at least that is the evidence that was returned to the clerk. So he is in violation.
I can tell you, and I talked to the clerk yesterday, to confirm what I thought. There are a very, very, very high percentage of people who are out on bond who, when, because she routinely asks, after a hearing is done; Are you still living at the same address?  
I would estimate the number of cases where the person says yes, is over 10%, maybe significantly more than that, where the people say, yes I have got a new address, and they haven’t notified the clerk. They are in violation. 
I have never jailed one of those people. I have never heard of any other judge jailing those people. I have never seen a bond, a bail jumping violation based on one of those things. 
I have never seen the District Attorney bring anything like that into the court. We amend their address on our record. And, they might get barked at a little bit for violating the court’s order. But that is the extent of what happens.  
And they don’t get a raise in their bond, of a 10% raise in their bond. I can’t recall that ever happening. I am not sure if it has.
He didn’t, he fully is in violation for not updating his address. And that has to be addressed going forward. 
The desire, that the bond, or the request for the defendent’s address be kept from public scrutiny is a legitimate one. What I am going to order is that the actual physical location of the defendant, and it will be his place of abode. If he is going to remove from there he will have to follow the bond conditions, and give us the exact physical location of the place of abode.
And that is to be given to the deputy clerk, working in this court, who will keep it privately, it will not to be part of the public record. It will be given to me, it will be held the same way. and it will to be given to whomever the sheriff designates as the commanding, the person who would be responsible for the full knowledge of the whereabouts of the defendant, and that is to be kept secret by the sheriff’s office. So, is that clear Mr. Richards, what is required.
Kyle Rittenhouse’ Attorney, Mark Richards: It is your honor and you and your clerk will have that by Five O’clock today, and I will have it to the sheriff’s department as soon as I am told who is designated to. 
Judge Schroeder: OK.
DA Thomas Binger: Your honor, is that information to be shared with the our offices too? 
Judge Schroeder: No. The District Attorney’s Office, and the answer is no.
DA: Why not? 
Judge Schroeder: That has nothing to do with you or your office, I think the Sheriff, would be your right arm or left arm, whichever is preferred, in discharging anything that needs to be done. And they are not to share it with you unless you offer good reason. And it is not that I don’t trust you. I think that, again, the less of this, the safer everybody is.  As I said.
You remember what went on six months ago here, I have two broken windows here, right here in this courtroom. The doors are still covered with plywood. A good share of the community is still boarded up after millions of dollars of property damage at this ghastly event occurred.  So, 
DA Thomas Binger: Because we would not be in any way contributing to that but our obligations to help monitor the defendant’s bonds conditions, without knowing were he is at, that becomes very difficult. If I am to file a charge of felony bail jumping, for example for the defendant violating his bond, and I don’t know where he is at that makes if pretty difficult…
Judge Schroeder:  call the court,  … call the court…
And if someone has criticized me for not doing so in the past, and I feel like I need to have this information, and certainly no on this zoom call needs to be reminded of the events of  six months ago. We have the loved ones of two deceased and a victim who was shot in the arm by the defendant that night.
Judge Schroeder: Please do not use the term victim.
DA Thomas Binger: Mr… Mr. Grosscruetz was shot in the arm
Rittenhouse’ Lawyer, Mark Richards: Your honor, if my client, if Mr. Binger wants to…
If my client, If Mr. Binger wants my client to appear on what he is going to do next, which is issue a felony bail jumping, send it to my office. He will be in court the next day. This posturing is not serving any purpose at this point. The Court has ruled. 
DA Thomas Binger: Your honor this is not posturing. This is standard procedure in all criminal cases. that everybody knows were the defendant is.  This is highly unusual for this to be withheld under seal. The court has ruled this can be sealed from the public. But we are not the public. We are the prosecuting agency, we are the prosecutors on this case. And we have a very important right to know this information as the prosecuting agency in Kenosha County. And I have never heard of a situation where this information has been withheld from our office. The sheriff department, you are right, is a law enforcement agency, but we work with them and to withhold them from giving to us, the court from giving to us, to cut us out of that information is not appropriate here.  We are, our office is headed up by the elected DA which is, the chief law enforcement officer in this community. This is murder case. And we are entitled to this information, your honor. We have never been denied this information in any case that I have ever heard of and I, if the court is aware of a case in this history where the you’ve  not shared this information with us,  I would appreciate you sharing that case with us, letting us know what case that was, because this is highly irregular. We have a right to know this.  I would argue the public has a right to know it as well, I can understand the court ruling concealing it from the public. But our office has a responsibility to enforce the laws, enforce the bond here, to file bond, ah, bail jumping charges if there is a violation of that, and we cannot do our job without this information.
Judge Schroeder: The sheriff can keep on top of this, as to whether there is a violation.  That’s where most of your information…  
When I was district attorney, and I know it has been a long time, but, I did not have any investigative staff, except for one investigator, which i won’t go into. But the sheriff department was in charge of reporting bond violations and the like to us. And I think the same situation is good now. 
The hearing is over. Thank you.
DA Thomas Binger: The defendant does not reside in Kenosha County, your honor! The sheriff can’t help …
Judge Schroeder: Thank you
Rittenhouse’ Lawyer, Mark Richards: Good afternoon. 
Judge Schroeder: Good afternoon.
End of hearing. 

If you want the best understanding of the case, the video contains many nuances that are not transmitted in a transcript. A transcript cannot catch facial expressions or inflections in the voices.
Analysis: This is part of a continuing attempt by the prosecution to make the trial into a Soviet-style political trial. There is no legitimate reason for the DA office to be aware of the actual location of Kyle Rittenhouse, given the extra-legal animosity shown to Rittenhouse by the DA office, their political allies, and their continuing attempts to smear him. The judge made it clear if an actual legal issue occurs, the DA need only call the court.
Having the actual location would be immensely valuable to a politically motivated DA. It could be leaked to their allies in Black Lives Matter and to Antifa. The “protestors” could apply extra-legal pressure to Rittenhouse, his family, and his attorneys, as tends to be done in totalitarian regimes. That would make the defense immensely more difficult. The press coverage of such events would play into the public smearing of Rittenhouse.
The “protestors” could stage violent demonstrations, in an attempt to make Rittenhouse’ trial into a repeat of the trial of the officers involved in the Rodney King incident, where some jurors later said, they believed the officers to be not guilty, but found them guilty to avoid another riot.
Judge Schroeder was having none of it. He stopped the political prosecution in this hearing and pointed out the falsehoods and political interpretation of law put forward by the DA.
Judge Schroeder was appointed by a Democrat governor in 1984. He graduated from law school in 1970.  He has been a judge in Kenosha for 34 years. He appears to be the man for the job.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.