Rittenhouse case: Victim and accused treated differently

By Ron Taylor, BBC News Criminals and victims are often treated in the same way in trials but legal rulings are helping to break down the barrier in the Rittenhouse case. Kyle Rittenhouse’s lawyers…

Rittenhouse case: Victim and accused treated differently

By Ron Taylor, BBC News

Criminals and victims are often treated in the same way in trials but legal rulings are helping to break down the barrier in the Rittenhouse case.

Kyle Rittenhouse’s lawyers argue the men in his car when he drove a stolen truck into them had no reasonable expectation of his care.

But the judge ruled there is a difference between the former NFL player and any victim and that the potential jurors may need to see it.

Earlier this year lawyers for Kyle Rittenhouse and Catherine Carcerello reached a plea deal over the case.

It was in return for Rittenhouse pleading guilty to multiple charges and signing away his right to sue or prosecute her.

Under that deal, Kyle Rittenhouse received a 12-and-a-half-year sentence but Carcerello was acquitted of all charges.

Even so she faces punishment because she was driving a truck owned by the wife of Kyle Rittenhouse when the vehicle went over the steep embankment, killing the other three men.

She had turned the truck around after a delay and headed back to where she had parked her car when she heard it had run over the men.

Carcerello took part in the short driving test, passed it, and went home.

But defence lawyers for Mr Rittenhouse say Carcerello had no reasonable expectation of her care, that she had taken out the trailer before leaving her parked car, and could not see where her husband was – only that he was out.

A judge made it clear that the potential jurors for the trial will have to accept what Kyle Rittenhouse said about the rampage – that Carcerello had just been following him home.

The men who died include two construction workers and one high school track coach.

Prosecutors may get a bid for another jury on appeal because the judge also made a suggestion that the jury get more perspective on Kyle Rittenhouse’s sentence.

He did so, though, only if they agree not to convict Carcerello of her own crimes.

Jurors from the first trial could also be selected again, but on the condition they do not have to see the 2010 news story in which Rittenhouse apologised for the fatal crash.

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