Kyle Rittenhouse may be acquitted of most charges following revelations in trial: legal analyst

In an opinion piece for the New York Post, Gagliano, a retired FBI Supervisory Special Agent and doctoral candidate in Police Use of Force at St. John's University, outlined how the charges against Rittenhouse are falling apart.

Rittenhouse is currently facing trial for fatally shooting two men and wounding another during one of the nights of the Kenosha Riots in August of 2020. Rittenhouse is facing six charges: five felonies and one misdemeanor.

"The most serious is first degree intentional homicide, use of a deadly weapon. With video footage from the scene and witness accounts, this remains an impossible charge to prove," wrote Gagliano.

"The allegation — analogous to first-degree murder in certain states — requires prosecutors to prove beyond a reasonable doubt that Rittenhouse intended to kill a person, Anthony M. Huber, without attendant mitigating circumstances such as self-defense," he continued, noting that videos from bystanders that night showed Rittenhouse being chased and threatened before the incidents occurred.

During Monday's trial, Grosskreutz, the man who was wounded by Rittenhouse, testified that he approached Rittenhouse with his Glock handgun in his hand. He also admitted that he saw the mob attacking Rittenhouse.

"Kyle Rittenhouse never set out to murder innocent people on that fateful night. It is reasonable to conclude he was there, as he suggests, to help protect a business that had been looted, vandalized and firebombed by criminals masquerading as protestors. In many jurisdictions during the civil unrest prevalent during the Summer of 2020, police were 'stood down' — directed to back off and allow the anger to work itself off," wrote Gagliano.

Gagliano wrote that due to the revelations from testimonies made on the stand, Rittenhouse "clearly and unequivocally acted in self-defense."

"Anything other than an acquittal on the top charges would be a miscarriage of justice," he added.

Gagliano stated that Rittenhouse should face charges only for the misdemeanor charge against him.

"Kyle Rittenhouse may indeed be guilty of possession of a dangerous weapon by a person under 18, the misdemeanor," he wrote.