Hearing challenging detention of Antioch teen charged with Kenosha homicides set for Oct. 30

  • Adam Rogan/The Journal Times via APLawyers for Kyle Rittenhouse, left, with backward cap, are challenging his detention and his extradition to Wisconsin, to face charges in the fatal shootings of two men and the wounding of a third on Aug. 25 in Kenosha after the police shooting of Jacob Blake.

    Adam Rogan/The Journal Times via APLawyers for Kyle Rittenhouse, left, with backward cap, are challenging his detention and his extradition to Wisconsin, to face charges in the fatal shootings of two men and the wounding of a third on Aug. 25 in Kenosha after the police shooting of Jacob Blake.

 
 
Updated 10/9/2020 1:53 PM

The Antioch teenager charged with fatally shooting two men and wounding a third during civil unrest this summer in Kenosha, Wisconsin remains in a Lake County juvenile detention facility while his lawyers continue to challenge his detention.

During a brief hearing Friday, Lake County Judge Paul Novak set 17-year-old Kyle Rittenhouse's hearing on the defense's habeas corpus petition for Oct. 30. Defense attorney John Pierce previously filed a habeas corpus writ challenging his client's detention.

 

"This is not a legitimate criminal prosecution," Pierce said. "It's a political prosecution."

Rittenhouse faces first-degree intentional homicide, first-degree reckless homicide, attempted first-degree intentional homicide and other charges in the deaths of Joseph Rosenbaum and Anthony Huber and the wounding of Gaige Grosskreutz. The shootings took place Aug. 25, two days after Kenosha police shot Jacob Blake, 29, in the back.

Blake, whose family says he is paralyzed from the waist down, is now in a Chicago rehabilitation facility according to published reports.

If convicted of the most serious charges, Rittenhouse could spend the rest of his life in prison. He is held without bail at the Minard E. Hulse Juvenile Detention Center near Vernon Hills.

Arguing their client acted in self-defense while exercising his right to bear arms, Rittenhouse's attorneys said they intend to fight his extradition to Wisconsin, claiming a constitutional violation. They also argued neither Wisconsin nor Illinois authorities followed legal technicalities for extradition.

"We believe the paperwork is in order," Lake County State's Attorney Michael Nerheim said responding to a post-hearing question.

The defense alleges the paperwork is not valid, Nerheim said. "We believe it is. That is something that will be dealt with in the hearing."

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Nerheim's comments were filmed by Lake County Black Lives Matter founder Clyde McLemore and posted on his Facebook page. Nerheim declined to comment on the case except to say "our position is he should be tried in Kenosha."

Rittenhouse's defense attorneys say he took up his weapon to stand outside two mechanic shops in Kenosha. According to them, Rittenhouse heard a gunshot somewhere near him and killed Rosenbaum as he was moving toward him.

Video shows Rittenhouse then falling to the ground and shooting the other two men as they and others ran toward him, with one person striking him and others calling to "get that dude" because he'd shot someone.

Rittenhouse turned himself in to authorities Aug. 26.

Daily Herald wire services contributed to this report.

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