Prosecutor in Rittenhouse trial makes bizarre claim hollow point bullets “explode”, then violates 5th Amendment


The following contains editorial content which is the opinion of the author, a retired Chief of Police and current staff writer for Law Enforcement Today.


MADISON, WI- If you haven’t been paying attention, the Wisconsin trial of Kyle Rittenhouse, the now-18-year-old who stands accused of killing two violent rioters in Kenosha, Wisconsin last year and shooting another has turned into the judicial version of a three-ring circus.

The latest incident occurred on Wednesday when prosecutor Thomas Binger was conducting his cross-examination of Rittenhouse.

During the exchange, Binger asserted that hollow point bullets are designed to “explode” inside an animal (or whatever the intended target is), Breitbart reports.

“Hollow point bullets are designed to hit the animal they’re being shot at, let’s say a deer for example, and explode inside that body, correct?” Binger asked Rittenhouse.

“Explode inside that body?”

Mr. Binger should conduct some research before asking such a half-assed question.

“No, I don’t think so,” Rittenhouse said as he shook his head left to right.

At this point, Judge Bruce Schroeder, who has been a superstar in our mind during this trial interjected and asked Binger to clarify is statement, asking whether he meant “expand” or “explode.”

Binger then rephrased his question and asked Rittenhouse what “a hollow point bullet would do if it were shot…at a deer?”

The question regarding hollow-point bullets would seem to be irrelevant, since Rittenhouse has already said his AR-15 was loaded with full metal jacket (FMJ) bullets rather than hollow points. It appears that Binger is trying to distract and hope members of the jury are as ill-informed as he appears to be on what exactly hollow-point bullets are designed to do.

Of course anyone familiar with guns knows that a hollow-point bullet is designed to expand upon impact, which serves to expand the bullet. In some ways, hollow point bullets are less dangerous than FMJ bullets because since they expand, they are not likely to exit their target possibly striking an unintended target.

However Binger was clearly trying to BS the jury into thinking Rittenhouse was using “explosive” bullets in order to inflict as much damage as possible.

On Wednesday, things became tense as Rittenhouse testified in his own defense.

During questioning of the teen, Binger insinuated that because Rittenhouse had not spoken publicly of the shooting since it happened, that somehow indicated something nefarious, at which point Schroeder lit into Binger.

“The problem is this is a grave constitutional violation for you to talk about the defendant’s silence, and that is, you’re right on the borderline. And you may be over, but it better stop,” Schroeder admonished. “I can’t think of an initial case on it, but this is not permitted.”

The judge of course was referring to Rittenhouse’s Fifth Amendment right to remain silent, a hallmark of our Constitution. Binger’s insinuation that Rittenhouse’s silence was somehow an indicator of guilt was to be blunt beyond all canons of jurisprudence.

That was not the only time Binger ran afoul of the judge.

Later on, Binger started down a line of questioning that was not approved of by the judge beforehand, and which Schroeder said he would ban during pretrial hearings. This set the judge off, and he dismissed the jury:

“I was astonished when you began your examination by commenting on the defendant’s post-arrest silence. That’s basic law. It’s been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that! And it gives, well, I’ll leave it at that. So I don’t know what you’re up to,” Schroeder said.

“I have to be  concerned that, with what Mr. Richards has said about the progress of the trial when you were way, well, I said you were close to over the line on commenting on the defendant’s pretrial silence, which is a well-known rule,” Schroeder continued.

“I am astonished that that would have been an issue. So I don’t want to have another issue for as long as this case continues. Is that clear?”

“It is,” Binger said, tail between his legs prior to the jury being brought back into the courtroom.

It’s almost as if the prosecution is deliberately trying to get a mistrial, since their case has thus far been abysmal.

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For one of our prior reports on the Rittenhouse trial, we invite you to:


The editorial commentary in this article is written by a United States veteran.

MADISON, WI – The judge presiding over the trial of Kyle Rittenhouse has issued the final rules for the proceedings. Among them, the three men shot by Rittenhouse, in what he has claimed to be in self defense, cannot be referred to by attorneys arguing the case as “victims.”

The judge, Bruce Schroeder, also said that he would allow them to be referred to as “looters, rioters and arsonists” if the defense could show that they were participating in any of those activities on the night of the shootings.

For the record, the judge also advised the defense against using the pejoratives unless they could provide such evidence. 

While many are calling this a sound decision, others are not so pleased. Ben Crump, an attorney who has gained national notoriety for his efforts to vilify police and paint them all as evil, took to Twitter. 

Mr. Crump, and those who tend to tweet similar things to him, need to add some context. 

We spoke with a veteran trial lawyer in Texas. She said that it is common practice to remove the use of the word victim in these types of proceedings. Its use could sway a jury to believe the defendant has committed a crime, even if evidence may show otherwise. 

But instead of sharing that tidbit of information, they simply post things like this: 

While Rittenhouse was a household name roughly 1 year ago, not much has been mentioned leading up to his trial, which begins November 1st.

He is charged with two counts of murder in the first degree, attempted murder and a minor in possession of a firearm. He pleaded not guilty to all charges. 

The defense argues that video from the night of the shooting seems to support Rittenhouse’s claim of self-defense.

Men that engaged that the teen that night also had criminal records. Gaige Grosskreutz, who survived the encounter, appears of have a felony burglary conviction and would have been prohibited for possessing the weapon that he is holding in photos from that night. 

As it has been more than a year since the events of August 25th, here is a look back at what happened, who was involved, and why Rittenhouse’s defense team is claiming their client acted in self defense. 

Multiple videos and eye-witness accounts appear to support that claim.

The teen, who lives in Antioch, IL, reportedly works in Kenosha, and was in town helping defend the business where he works after it was allegedly vandalized during the protests there following the shooting of Jacob Blake by police. 

Rittenhouse shot and killed two men and wounded one other after they appeared to try to attack him and take his gun. 

Another kicked Rittenhouse and hit him with a skateboard. The third threw something at Rittenhouse, who was running from the group who was attacking him. Reports say that the object thrown was either a Molotov cocktail or a brick in a plastic bag.

More than one of these men attempted to remove Rittenhouse’s weapon, according to witnesses, reported the New York Post

Those events occurred just two days after Kenosha police shot Jacob Blake.

Blake, who had a warrant for his arrest at the time of the shooting, refused to comply with police direction, resisted arrest, shook off being hit with a taser twice, and reached into a car, even though officers say that they told him he would be shot him if he reached into the car.

Based on the first sentence in the above paragraph, you know what he chose to do. Most of the videos released only show Blake being shot. But video has also been released showing him fighting with officers prior to the shooting. More on this below.

As a result, NBA teams refused to play.

Major League Baseball teams took the field and then forfeited games in protest.

But far worse, the mainstream media and left-leaning politicians began spinning narratives of a racially motivated police shooting and an officer who pulled the trigger simply because he could and primarily because Blake was black. 

But here is what is missing from all of those false narratives that the media wants you to believe. 

The four men who were shot in Kenosha had something in common. None of them were law-abiding citizens just out minding their own business at the time they were wounded or killed.  

The circumstances around Blake’s shooting have been well documented. He had an active warrant for his arrest stemming from charges of sexual assault and theft.  

But what about the men who turned their aggression on the teenager a few nights later? Here is what we know. 

Joseph Rosenbaum, now deceased, was a registered sex offender, who was non-compliant at the time of his death. 

Ironically, Rosenbaum, who was white, just moments before he was shot was screaming “shoot me, n—-.”

And no one in the mainstream has a problem with that. They are all focusing on a 17-year-old that seems to have defended himself.  

And Anthony Huber, the other man killed by Rittenhouse? He was the one who appeared to have been swinging the skateboard at the teenager.  

While he had multiple misdemeanor and felony charges of domestic abuse “dismissed but read in,” he was convicted on two felony charges of of domestic abuse. One was for strangulation and suffocation. The other, for false imprisonment with the use of a dangerous weapon. 

And possibly the most telling of all three pieces to Rittenhouse’s claims of self defense is this guy: Gaige Paul Grosskreutz. 

Grosskreutz is alleged to be a felon (burglary conviction) in possession of a firearm, which would be a criminal offense. 

But, even if he legally possessed the pistol, evidence seems to indicate that he was the aggressor. He appears to raise his hands and back away from Rittenhouse before drawing his weapon and pointing it at the teenager. 

And, here is what he allegedly told a friend while recovering in the hospital. 

“A friend of the man who rushed at the #Kenosha teen with a pistol and was shot in the arm has posted an update about his status. Doctors were able to save Gaige Grosskreutz’s right arm. The friend says Gaige regrets not being able to kill the teen.”

Another post took his comments a step further saying: 

“…his only regret was not killing the kid and hesitating to pull the gun before emptying the entire mag into him. Coward.”

Right now, Kyle Rittenhouse is being charged with multiple counts of murder/homicide. As such, that is where all of the talking heads are keeping their attention.

If and when those charges are dropped, it will lead them to pivot and start the “we need stricter gun laws” diatribe all over again, when in fact, Rittenhouse is a prime example of why we cannot allow our 2nd Amendment rights to be stripped away.

Oh, by the way, no one that side of the argument is saying a word about a possible convicted felon in possession of a gun. He may not have owned it legally. Yet, no one is screaming about that aspect.

Did Rittenhouse fire his weapon in self defense? It looks like it. But, I am not a prosecutor, the judge or a potential jury member, so we have to let this play out in court. 

As will the circumstances surrounding Jacob Blake. 

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KENOSHA, WI – New video has surfaced providing a different angle of the shooting of 29-year-old North Carolina native, Jacob Blake. 

The incident occurred on Sunday evening between Blake and three Kenosha police officers, at approximately 5:00 p.m.  In the video, Blake and the officers can be seen wrestling on the ground near the rear passenger side of his vehicle. 

Blake managed to free himself from their collective grasp, and was then shown walking around the front of his vehicle, toward his driver side door. Police officers followed him, issuing commands with guns drawn, while a gathering crowd of onlookers screamed toward the scene.

Warning, some viewers may find this video disturbing.

Some onlookers could be heard loudly urging others to move away from the scene, ostensibly sensing that weapons would soon be discharged. 

As one woman screamed off camera at her mother to move away from the scene, the first of seven shots was fired at Blake. 

The shots began after he had continued walking in spite of the officers’ commands, opened his driver side door, and reached inside the vehicle.

Three of Blake’s children were in the back seat of the vehicle when the incident unfolded.  They not only witnessed the entire event, but were placed in danger when Blake entered the vehicle contrary to the officers’ issued directives. 

The last directive issued by the officers, prior to the shots fired was:

“Drop the knife!”

This is according to an interview with 22-year-old Raysean White of Kenosha, who took the latest cellphone video.

Police were dispatched to the scene in response to a domestic violence call received minutes earlier.  White witnessed the domestic disturbance moments before Blake and the police arrived. 

He said that he was drawn to his window, where he witnessed a group of women shouting at one another.  Blake soon pulled up in his vehicle, and directed one of his sons standing outside to get in. 

White never saw or heard Blake address the women.

Upon returning to the window, after leaving briefly, White saw the fight between Blake and the officers who had also arrived.  He witnessed a stun gun being used on Blake before he was able to wrestle himself free.  He recorded the remainder of the incident from his window.

Blake’s father, Jacob Blake Sr., reported that his son is currently hospitalized in stable condition, and has undergone surgery.  He is paralyzed from the waist down, and doctors do not yet know if the paralysis is permanent.  His family is optimistic that the condition will only be temporary, as he continues to recover from surgery.

The Kenosha Police Department has officially placed the officers involved on administrative leave, which is standard practice after an officer involved shooting. 

As Kenosha police do not currently wear body cameras, the two cellphone videos appear to be the only documented footage available of the shooting incident.  The officers were wearing microphones, however. 

The audio recordings from these devices may be released shortly, after investigations by the Kenosha Police Department and the Wisconsin State Justice Department are complete.

The Chicago Tribune reported that there is an outstanding warrant for Blake’s arrest, due to a pending criminal case from last month.  In that case, Blake is charged with 3rd degree sexual assault, disorderly conduct, and trespassing in the context of domestic abuse. 

It is not yet known whether Blake’s apprehension is in connection with the arrest warrant, the domestic disturbance call that the officers were on site to respond to, or both.

A small group of people took to the streets of Kenosha later that evening to protest the shooting.  Within a 24 hour window, the first cellphone video of the driver’s side angle had made it’s rounds on social and mainstream media. 

By Monday evening, Wisconsin Governor Tony Evers called in the National Guard to respond to violent rioting involving vehicles set ablaze, windows shattered in local businesses, and clashes with riot geared police officers. 

The initial protesting had appeared to escalate into rioting after Governor Evers issued a statement  condemning the shooting and essentially convicted the officer before any type of investigation had even begun, though acknowledging that not all the details are currently known.  

Evers also indicated that he stood with those who “demand justice, equity, and accountability for Black lives in our country,” but failed to indicate that he opposed rioting and looting. 

This led many of his detractors to assume that he encourages it.

The Kenosha Professional Police Association called the statement, “wholly irresponsible and not reflective of the hardworking members of the law enforcement community,” with the circulating cellphone video not fully able to capture the intricacies of the very delicate situation.

While those supporting the police force assess each officer involved shooting based on its own unique set of circumstances, those supporting protests tend to view officer involved shootings cumulatively… protesting police violence against African Americans as a whole. 

The Kenosha PPA recommends that the public wait until investigations are complete and all facts are released, before rushing to judgement.

Editor note: In 2020, we saw a nationwide push to “defund the police”.  While we all stood here shaking our heads wondering if these people were serious… they cut billions of dollars in funding for police officers.  And as a result, crime has skyrocketed – all while the same politicians who said “you don’t need guns, the government will protect you” continued their attacks on both our police officers and our Second Amendment rights.

And that’s exactly why we’re launching this national crowdfunding campaign as part of our efforts to help “re-fund the police”.

For those looking for a quick link to get in the fight and support the cause, click here.

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