MADISON, Wisconsin (CBS / AP) – A video of officers thanking Kyle Rittenhouse during the Kenosha riots last year may be used in next week’s trial, a judge ruled.

This is just one of the ground rules established before the trial.

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Prosecutors say Rittenhouse, who is white, left his home in Antioch, Ill., And traveled to Kenosha after learning of a call to protect businesses after Jacob Blake, a black man, was shot and killed by police seven times in the back on August 23. 2020 and left paralyzed.

In the first two nights after police shot Blake, there was large-scale unrest in Kenosha in which several buildings were set on fire.

Rittenhouse opened fire with an assault rifle during protests two nights after police shot Blake. Rittenhouse killed Joseph Rosenbaum then Huber, and wounded Gaige Grosskreutz.

Rittenhouse’s lawyers have argued that he used his semi-automatic weapon to defend himself.

Rittenhouse lawyers want use of force expert John Black to testify that Rittenhouse acted in self-defense. Prosecutors have asked Judge Bruce Schroeder to block Black’s testimony, arguing jurors don’t need an expert to figure out what happened that night.

Schroeder told lawyers Black would not be allowed to testify as to what Rittenhouse thought when he pulled the trigger or if he definitely acted in self-defense.

Assistant District Attorney Thomas Binger said if Schroeder allowed Black to testify only on the timeline of events that night, he would not call his own expert to the stand. Defense attorney Mark Richards accepted the deal.

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Binger asked Schroeder to ban a video showing police telling Rittenhouse and other armed militia members on the streets that they appreciated their presence and throwing Rittenhouse a bottle of water. The prosecutor said the video would turn the trial into a referendum on police procedure that evening when it was irrelevant.

“This is about what the accused did that night,” Binger said. “I’m afraid this will turn into a lawsuit over what law enforcement did or didn’t do that night.”

Defense attorney Corey Chirafisi argued that the video shows police felt Rittenhouse was not acting recklessly. Binger countered that the shooting took place after Rittenhouse interacted with police, but Schroeder decided to allow the video.

“If you tell the jury, if the accused walks on the sidewalk and does what he claims he was hired to do and the police say you are here, is that something that influences the accused and emboldens him in his behavior ? It would be an argument of relevance, ”said the judge.

Schroeder also rejected Binger’s request to ban the defense from labeling Rosenbaum, Huber and Grosskreutz as rioters, looters or arsonists. The judge said these conditions would be allowed if the defense could produce evidence showing that they were what they were.

Many Tories have flocked to support Rittenhouse, calling him a patriot and making him a symbol of gun rights and raising $ 2 million for his bail. Others, including liberals and activists, present him as a national terrorist and say he has made an unstable situation worse.

Associated Press editors Todd Richmond and Doug Glass contributed to this report.

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(© Copyright 2021 CBS Broadcasting Inc. All rights reserved. The Associated Press contributed to this report.)

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