This is NOT supposed to be how the direct examination of your own witnesses is done.
I’ll cover all of this in greater detail in my end-of-day analysis but couldn’t resist getting this out to all of you promptly.
The direct questioning of STATE witness Richard McGinnis by ADA Binger was an absolute trainwreck for the prosecution–and, of course, the jury watched it all happen in real-time.
UPDATE: To provide some context, for more than 12 minutes ADA Binger tried to get McGinnis to testify that Rosenbaum was already falling to the ground when Rittenhouse began shooting him–in other words, that Rittenhouse simply executed Rosenbaum by shooting him in the back when he was helplessly falling.
The actual exchange is in the video, so you can watch it for yourself, but a reasonable paraphrase would go something like this:
Binger: So Rittenhouse shot Rosenbaum, in the back, as he was falling, correct?
McGinnis: No, Rittenhouse didn’t fire until Rosenbaum charged and lunged at him.
Binger: So he shot him as he was falling?
McGinnis: No, not falling, lunging.
Binger: So you’re saying he shot him while he was falling?
McGinnis: No, that’s not my testimony. Lunging.
This is NOT how it’s supposed to be done, folks.
Talk to you all again when we do our end-of-day analysis this evening.
Attorney Andrew F. Branca
Law of Self Defense LLC
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