KENOSHA, Wis. — A new documentary from CourtTV breaks down the Kyle Rittenhouse case weeks before he is expected to go a trial in November. In the documentary "Chaos in Kenosha: The Kyle Rittenhouse Case," there is a question of whether the case could end with a hung jury.
Rittenhouse is accused of killing Joseph Rosebaum and Anthony Huber and seriously injuring Gaige Grosskreutz during the protests in Kenosha on Aug. 25, 2020. Those protests happened after the shooting of Jacob Blake by Kenosha Police. Rittenhouse has admitted to the shootings. But he has pleaded not guilty in the case. Former prosecutor and trial expert Julie Grant of CourtTV says this is not a case about who pulled the trigger.
“Absolutely we know that Kyle Rittenhouse fired that gun at those people on those day. But the question is whether or not the shooting is justified in self defense,” said Grant.
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In the documentary, CourtTV contends this case could end in a hung jury. That would mean a mistrial.
In the U.S., it is rare that a jury is unable to reach a verdict. According to a report by the Department of Justice, only 8 percent of cases end that way. However, murder cases like the Rittenhouse case are the types of cases most likely to end in a hung jury, at 24 percent.
“Any case could end in a hung jury, and that means the verdict has to be unanimous under the law and they couldn’t get there for whatever reason,” said Grant.
When it comes to jury trials, the National Center for State Courts finds three of the biggest factors behind why a jury deadlocks are trust in the police, trust in the courts and the fairness of the law. All factors that could be an issue in the Rittenhouse case.
“This case is so polarizing, and we have seen folks all over the country reacting to this from the outset. So the idea is you are going to find men and woman serving on this jury as the finders of fact, feeling polarized as well,” said Grant.
If there is a mistrial, it would likely mean the case would likely have to be tried again. You can see full documentary on CourtTV online or can find it on one of the numerous streaming platforms.