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
Felony Burglary
Criminal Damage to Property
DUI
Possession of Firearm by Felon
Possession of Firearm While Intoxicated
Prowling
Loud Noise
Obedience to Officers
DUI #2
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.
18 Responses
If Detective Antaramian was so involved with the Rittenhouse case, as mentioned in the article, why hasn’t Binger had him Testify on the stand? Perhaps it would bring to light the nepotistic system Kenosha’s Mayor John Antaramian has set up.
Don’t worry. He will be testifying.
KCE you’re doing an impressive job of bringing these shenanigans to light. Are you in contact with Kyle’s lawyers? They don’t seem to be quite as tenacious as they should be. This whole thing gives me the willys.
Quite honestly…..they don’t need to be and I think they know that.
Binger is a lousy attorney and it’s really showing right now. I almost feel bad he drew this case…..this is nothing but bad for his legal reputation. His own witnesses are basically almost looking like defense witnesses. Pretty pathetic that Graveley isn’t prosecuting this….and we see why, this is an unwinnable case.
It’s never a good idea to slack off just because your opponent is no good. This isn’t a jr high b-ball game. I could be wrong. I’m surely not a legal professional. Maybe I’m impatient because this is such a farce.
Binger knew that the phone would contain daming evidence . The text messages , phone calls and web searches would speak directly to the intent and state of mind . If this was brought into evidence binder is bound to share it with the defense and he knew the defense would beat him up with it. Binger walk a very fine line of the cannons of ethics by side tracking a court order and knowingly suppressing evidence
100% agree. He even told people in person he shoulda shot him. That’s probably in a bunch of text messages. But then that would show him the aggressor, not the “medic” there to help
It is Binger that needs to be brought to justice, not Rittenhouse.
Could this poor performance of the prosecutor be for a directed verdict from the judge? Trial would be done and it would appear to the progressive voters that they had tried.
Fact #7 from search warrant: “A loud bang was heard (shot 1), a male shouted “Fuck you!”, then Joseph continues to approach and get close to Kyle. Four more bangs are heard (from Kyle) and then Joseph falls to the ground.” The Detective admits that Joseph was the aggressor. No wonder Binger quashed the search warrant. Hopefully the defense will grill the mayors nephew about why it was quashed.
Great work, as always, Kenosha County Eye! I wish there were real journalists like you covering issues outside our county. At least we have a real source here for inside ours.
Please do a story on the “Minor in possession of a dangerous weapon charge”. The judge agreed that Wisc 948.60 is very confusing, but careful reading of the exclusions in paragraph 3C shows that Kyle was legal to carry a rifle or shotgun as long as it had a standard length barrel. Wisc 29.304 allows 14-16 to hunt or to carry rifles and shotguns alone after completing a hunter safety course. 948.60 says that 16-18 must be “in compliance” with the course, but it does not seem to say they need to take it unless they want to hunt.
A bit shocked at this trial. The prosecution puts on a witness in Grosskreutz and they didn’t know he was going to say he was unintentionally pointing his gun at Rittenhouse? Binger is committing career suicide. Seriously, how unprepared can this guy be? Bet this guy is gone within a year from the DA’s office.
So if Grosskreuz is a felon, how could he have a CCW OERMIT, expired or otherwise? Even a domestic violence misdemeanor will bar you from firearms. What gives?
I assume he had one from before he had a record….hence why it was expired (because he knew they wouldn’t renew it).
I see that when they said you guys were “mostly false” they must have confused false with true.
To think binger wanted to be the d.a. in Racine co. What a clown
There was only 1 glock. That 40cal was in the hands of both.