Kenosha County DA’s office failed to follow its own mission statement – Empower Wisconsin

By MD Kittle

MADISON – After two weeks of staggering prosecution abuse in the Kyle Rittenhouse trial, one of the great ironies has to be the Kenosha County’s mission statement.

You can find them on the agency’s homepage.

The Kenosha District Attorney’s main role is to uphold the rule of law, vigorously prosecute criminals, and obtain justice for crime victims. As such, its role is not only to obtain convictions, but also to seek justice.

The question arises as to what kind of justice this prosecutor’s office and its senior prosecutor, Thomas Binger, were pursuing when they tried Rittenhouse, the teenager in Antioch, Illinois who fatally shot and killed two rioters during the riot in Kenosha last year and another injured?

After almost three and a half days of deliberation, the Rittenhouse jury found manslaughter, attempted manslaughter and the reckless endangerment of the deaths of Joseph Rosenbaum (36) and Anthony Huber (26) as well as the wounding of Gaige Großkreutz (27) on August 8th, 2020. Rittenhouse successfully argued with self-defense.

The Kenosha County’s “Dream Team” had plenty of prosecutorial incompetence, but the prosecutor’s office defied their credo on several occasions. In short, it placed the pursuit of condemnation above justice.

“A prosecutor should seek the truth. It’s not about winning. This case was about winning, and that’s probably why it got so personal, ”said Mark Richards, one of Rittenhouse’s attorneys, summarizing Binger.

Binger broke a fundamental tenet of the Constitution when he cross-examined Rittenhouse’s decision to remain silent.

“The judge rightly ripped open the prosecutor. Every freshman law student knows that after a Mirandized Defendant’s arrest, one cannot comment – let alone ignore a court order – the silence of a mirandized defendant, ”wrote Jonathan Turley, law professor at George Washington University and legal analyst with Fox News.

The prosecution’s abuses were so severe that the defense called for a prejudicial process, arguing that Binger acted with “prosecutorial superiority”.

Binger refused to comment on the process.

The assistant DA seems to have higher ambitions. In 2016, he ran unsuccessfully as a district attorney in nearby Racine County. Let’s just say Racine County dodged a bullet.

The Kenosha County District Attorney’s mission statement claims that prosecutors’ duties include “aggressively and fairly persecuting anyone who violates Kenosha County and Wisconsin law …”

Binger and his team did the aggressive part of the indictment. They failed miserably on the fair part.

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