On August 25th, 2020, Kyle Rittenhouse shot three men in self-defense. The third man shot was Gaige Grosskreutz, a career criminal. He survived the shooting but district attorney Mike Graveley (D) ordered that he not be charged with any crimes. He brought a handgun to the Kenosha riots and pulled a gun on Kyle seemingly with the intention to kill the 17-year-old. Today was the third day of his trial for multiple counts of murder. One of the witnesses, Kenosha police detective Martin Howard, told the jury some disturbing information. He said that the Kenosha Police Department had obtained a signed warrant from a judge to seize and analyze Grosskreutz’s cell phone that he had and used the night of the shootings. After all, Gaige came to a riot from out of town armed with a pistol.
Wisconsin search warrants usually include the following language at the beginning: “any peace officer in the state of Wisconsin is hereby commanded to….” Even with a signed warrant from the Kenosha judge, prosecutor T. Clair Binger ordered detectives to defy the court order and not execute this warrant after consultation with Gaige’s attorney, believed to be far-left activist Kimberly Motley. We asked her what Gaige wanted to hide from police and did not hear back. Defense attorney Mark Richards was very critical of this alarming news. The detective told Rittenhouse’s attorney on the witness stand that Binger would not allow it, citing Marsy’s law.
Marsy’s law was a constitutional amendment passed by voters in 2020 that claimed it was protecting victims’ rights in Wisconsin. There was a upheld legal challenge to the wording on the ballot that the judge deemed to be misleading.
Many of the prominent civil rights/rights of the accused organizations opposed Marsy’s law.
The Wisconsin Association of Criminal Defense Lawyers said that “MARSY’S LAW CREATES UNFUNDED GOVERNMENT MANDATES THAT JEOPARDIZE CONSTITUTIONAL RIGHTS“
The Wisconsin Justice Initiative said “In reality the proposal, called “Marsy’s Law,” pushes the criminal justice system and the legal process so far to the prosecution’s side that violates the U.S. Constitution, interferes with law enforcement’s ability to provide information that members of the public need to better protect their safety, and be costly to local taxpayers to implement. Milwaukee County District Attorney John Chisholm called Marsy’s Law an “unfunded mandate.”
It is believed that Rittenhouse prosecutor T. Clair Binger did not want Gaiges activities from that night available to the defense. He is grossly and intentionally mis-applying Marsy’s law. Grosskreutz is a career Criminal and it’s a possiblity he came to Kenosha that night looking for trouble. He found it.