For the first time, the public can see the search warrant that was petitioned for and signed by former Judge Mary K. Wagner (D) for the contents of Gaige Grosskreutz’s cell phone. On September 23, 2020, less than one month after career criminal Gaige Grosskreutz seemingly attempted to shoot and kill 17-year-old Kyle Rittenhouse, Kenosha Police asked a judge for a search warrant. They wanted to seize and analyze the contents of Grosskreutz’s cell phone. Grosskreutz was the third man shot by Rittenhouse on August 25, 2020 and the only to survive. Grosskreutz is depicted on still photos and video pulling a gun on Rittenhouse after Kyle told him he was running towards police. Grosskreutz’s decision to pull a gun and seemingly attempt to kill the child, would prove unwise. He suffered a major injury to his bicep.
Police testified under oath in the affidavit that Grosskreutz’s cell phone “will contain evidence to include: images, videos, text, messages, phone calls, voicemails, social media messages, social media posts, other forms of electronic data, which things may constitute evidence of a crime….”
Former Kenosha Judge Mary K. Wagner, was oftentimes seen as the most liberal Judge to have been elected in Kenosha. She had extensive knowledge of Marsy’s Law and didn’t think it prohibited her from signing the warrant.
Detective Antaramian, the nephew of Kenosha’s Mayor, gave the Judge a ‘return on warrant’ five days later stating under oath, “The warrant was not served due to new information coming forward.”
That’s not what the other Detective said under oath. This is a big problem. One of the Detectives lied under oath.
Police knew at this time that Grosskreutz had an extensive criminal history of arrests and convictions including:
Domestic abuse against his grandmother
Criminal Damage to Property
Possession of Firearm by Felon
Possession of Firearm While Intoxicated
Obedience to Officers
Perhaps there was evidence that Grosskreutz went to Kenosha to wreak havoc? Perhaps he saw an opportunity to continue his life of crime and violence in a lawless environment? He put a gun in is waistband and headed to Kenosha nonetheless.
Detective Howard told the defense that he was told by the attorneys that he shouldn’t execute this warrant and upon being asked to name the attorney, he indicated it was T. Clair Binger (D).
Why would a prosecutor decide against obtaining more evidence of an incident of this importance? It is believed T. Clair Binger intentionally mis-interpreted Marsy’s Law in order to stop the defense from having access to Grosskreutz’s phone which would help illustrate his state of mind that night.
You can read the warrant in PDF form here or look below.