Kyle Rittenhouse Prosecution Refusal To Turn Over Evidence To The Defense: A Total Lack Of Proper Control Over Evidence

BY Herschel Smith
1 week, 5 days ago

Here is some of the high resolution video they didn’t turn over to the defense.  I don’t know if there’s more than this.  It clearly shows that Kyle’s life was in danger.  He would have been entirely within his rights to have shot earlier than he did.

But frankly, it doesn’t show any more than the previous analysis we’ve done, which was also conclusive.  Here is a much more comprehensive video.

I watched the proceedings today for about 30 minutes of the stupidest stuff I’ve ever seen.  The prosecution explained that they tried to airdrop the video to the defense, but since her phone was an Android rather than an iPhone, it must have compressed the data.  The clerk for the defense tried to explain that she had nothing to do with airdropping anything, but she received a video in an email (an email!) and that’s what she submitted into evidence.  It consumes about a third of the memory that the uncompressed video does.

She tried to explain file size, and help calling it millibyte rather than Megabyte, and then talked about metadata in terms only of file date and time stamp.  The prosecution responded, she responded, the judge was confused by it all and said that there will be a recompense over this but not now.

I was flabbergasted.  I was just floored.  The entire gaggle of them are either ignorant or pretending.  What on earth is so hard about this?  Even for the technically challenged?  A man’s life is at stake.

You don’t treat evidence that way.  You ensure a chain of custody, from person to person, with a signature from everyone who touched it, witnessed by a Notary.  If it’s electronic evidence, it must be put on a drive with nothing else, date and time stamp published on the drive, and a checksum generated on the file and put on different media so that the user can verify authenticity of the files.  If every letter and number of the checksum doesn’t agree in the right order, the evidence is tainted and must be rejected without further consideration.

What … is … so … hard … about … this?


Comments

  1. On November 18, 2021 at 12:51 am, Jimmy the Saint said:

    The Left’s default position is always “We do what we want to get what we want, and we know you’ll do nothing about it.” The next time Traditional America proves them wrong will be the first, unfortunately.

  2. On November 18, 2021 at 9:10 am, JB said:

    I too was pounding the table shouting “what idiots” over this exchange. But in the interest of full disclosure I did this throughout the trial. Both sides demonstrated gross ignorance of digital video technology, the AR-15 manual of arms, its ammunition, and ammunition in general. Was this intentional ? Oh and firearm safety ! What about the Tueller 21 ft rule as a defense demonstration ? One thing is clear to me. Kyle demonstrated mastery of his weapon that night, despite his ignorance of other aspects of firearms.

    I am of the opinion that if the trial is permitted to continue the Jury will sell Kyle out for their own personel safety. Reports tell of 2 jurors who may have caved to mob pressure to convict.

    Having been caught up in a riot at age 18 I can attest how quickly a crowd can go from chants to an all out attack. Dumb and young I inserted myself into the crowd at the 1972 Republican convention on Miami Beach Florida. I bought a WW 2 gas mask at a Miami surplus store and headed into the chaos with my green stamp 8mm movie camera. The mob were SDS and other anti war communist revolutionary types of the day. Law enforcement was heavy and the National Guard was staged nearby. Firearms were only in police hands. Burning dumpsters and businesses were not yet a tool of these anarchists. Tear gas was the preferred weapon of police, but billy clubs were were also in heavy use. I escaped injury and the old gas mask worked like a new one. That cheap camera failed to feed properly and no useful film was shot. Only after I left the scene and hiked several blocks back to my Jeep was I stopped and searched by the Miami Beach PD who confiscated my gas mask and suggested I was an idiot for being there.

    Why did I do such a stupid thing ? Days earlier I was at Opa Lock airport watching the Chinooks come in loaded with troops for duty on Miami Beach. I decided to follow them. As I said. Dumb and Young.

  3. On November 18, 2021 at 11:39 am, billrla said:

    JB: Your story is very informative and contains an important lesson, lost on too many people, of all ages.

  4. On November 18, 2021 at 11:46 am, Fred said:

    I’m leaning towards guilty on all counts (accept the one thrown out). TPTB have to much at stake to allow self defense with an AR to be publicly accepted. They will do whatever it takes, a thing the right not only can’t seem to understand but would never dare to do.

  5. On November 18, 2021 at 12:36 pm, Hudson H Luce said:

    What the prosecution did was to withhold exculpatory evidence, a/k/a “Brady materials”. You don’t need to have any special technical expertise to judge the difference between what the prosecution had, and what they supplied to the defense, the difference is *obvious* on inspection – you just have to look at the videos and see the difference.

    “We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.

    The principle of Mooney v. Holohan is not punishment of society for misdeeds of a prosecutor, but avoidance of an unfair trial to the accused. Society wins not only when the guilty are convicted, but when criminal trials are fair; our system of the administration of justice suffers when any accused is treated unfairly. An inscription on the walls of the Department of Justice states the proposition candidly for the federal domain: “The United States wins its point whenever justice is done its citizens in the courts.” [Footnote 2] A prosecution that withholds evidence on demand of an accused which, if made available, would tend to exculpate him or reduce the penalty helps shape a trial that bears heavily on the defendant. That casts the prosecutor in the role of an architect of a proceeding that does not comport with standards of justice, even though, as in the present case, his action is not “the result of guile,” to use the words of the Court of Appeals. 226 Md. at 427, 174 A.2d at 169.” Brady v. Maryland, 373 U.S. 83 (1963) at 86-87. (https://supreme.justia.com/cases/federal/us/373/83/)

    So ruling a mistrial with prejudice, given the prosecutorial misconduct in evidence, is the correct remedy.

  6. On November 18, 2021 at 2:27 pm, scott s. said:

    In states like Wisconsin, Judges, Clerks of Court, and prosecutors are elected by the people. What we learn is that, like with school boards, when the people fail to exercise their responsibilities they shouldn’t be surprised when outcomes don’t meet their expectations.

  7. On November 18, 2021 at 4:25 pm, Herschel Smith said:

    @scott,

    This. Local, local, local. It all begins there. And elections commissioners and vote counters.

    As for the school boards, they could be much better, of course, but I’m still a proponent of letting the public education system go down in a fiery crash while good men and women home school.

    The catch however, is that we all still pay tax monies to these schools of communism, something that needs to change.

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