Kyle Rittenhouse took the stand on Wednesday in his own defense — a precarious move for any defendant. The risks typically outweigh the benefits.
During my 25-year FBI career, I never had a defendant in any of my investigations take the stand. So why do it here? Does the defense believe it is losing this trial? Is placing Rittenhouse on the stand the legal equivalent of a Hail Mary pass?
The defense has been excellent to date. Combined with a prosecution witness’s revelation on Monday that he pointed his pistol at Rittenhouse before being wounded by a bullet from the defendant’s rifle, the trial thus far appears to be trending in favor of the defense.
They could have played it safe, but I think that by placing Rittenhouse, 18, on the witness stand, they hoped to humanize him for the jury. His detractors have waged months of character assassination efforts through social media and the press. Hearing the defendant speak in his own words and in his own voice to his actions and intentions that fateful night could serve as the margin of victory for the defense as the jury seeks the truth. But it is still a damned dangerous chess move in a trial in which the defendant is facing life imprisonment on the top count of first-degree intentional homicide.
Ultimately, the decision to take the stand is left to the person on trial. It’s quite possible that following months of remaining silent through the smears, online defamation and downright lies, Rittenhouse insisted on testifying.
By placing Kyle Rittenhouse on the stand, his defense team may have hoped to humanize him. Mark Hertzberg/Pool via AP
Kyle Rittenhouse broke down in a fit of inconsolable sobbing and hyperventilation when asked to recall the events leading up to his killing two people and wounding another. Mark Hertzberg/Pool via APRittenhouse weathered Wednesday’s rounds of cross-examination and came across as humble, believable and worthy of empathy — even causing the judge to order a brief 10-minute recess as the defendant broke down in a fit of inconsolable sobbing and hyperventilation when asked to recall the events leading up to his killing two people and wounding another during the rioting inflection point on the night of August 25, 2020.
Whatever the jury’s ultimate decision, Rittenhouse — with his life on the line — is holding his own.
James A. Gagliano is a retired FBI supervisory special agent and doctoral candidate in police use of force at St. John’s University.
