Kyle Rittenhouse trial: How jury deliberations could be playing out

Besides questions sent to the court in the Kyle Rittenhouse trial, it is not clear what is going on inside the jury deliberation room, but legal experts are weighing in on what could be happening.

The jury's next move is impossible to predict, but attorneys are sharing perspectives. 

On Wednesday, Nov. 17, the second day of deliberations in the Kyle Rittenhouse trial, FOX6 News learned of a jury expert connected to the O.J. Simpson trial hired by the Rittenhouse defense team.

"It’s almost impossible to predict what a jury is going to do," said Julius Kim, attorney. 

Michael Hart

Michael Hart

"They’re going through the elements, certainly," said Michael Hart, attorney. "They’re going through each count."

About two hours into deliberations Wednesday, jurors asked to view video shown earlier in the trial and Judge Bruce Schroeder said he would determine the procedures to allow that.

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After getting the jury’s request, the judge and the attorneys confronted a host of questions and, in some cases, sources of disagreement. Among them: Should the jurors watch the video in the courtroom or in the jury room? Who else can be present if it’s done in the courtroom? And how many times should they be allowed to rewind and watch a piece of footage?

Kyle Rittenhouse

Kyle Rittenhouse

Prosecutor Thomas Binger said they should be able to view any video they wanted as many times as they wanted, and the judge seemed to agree.

"Sometimes there is one piece of evidence that is absolutely critical. ... To me, if they want to watch it 100 times, that’s them," Schroeder said.

But defense attorneys said they would object to the jury viewing video taken by a drone that prosecutors said showed Rittenhouse pointing his gun at protesters before the shootings. The image prompted a heated dispute earlier in the trial over technical questions about whether enlarging images notably changes them.

Both sides agreed with loading the videos that jurors wanted to see onto a computer for them to view in the jury room. The judge — who said he was "queasy" about allowing the drone video — said jurors hadn't asked to rewatch that video, only to have it ready to watch.

"Each person brings to the table and deliberation their own different perspective and their own recollection of what was presented," said Hart. "It’s probably best, more often than not, to review it."

Jo-Ellan Dimitrius

Jo-Ellan Dimitrius

Meanwhile, earlier Wednesday, FOX6 learned Jo-Ellan Dimitrius, a jury consultant, has been working with the Rittenhouse defense team. The veteran trial expert helped select the jury that acquitted O.J. Simpson. She was seen next to Wendy Rittenhouse during the trial and was reportedly retained to help determine the right juror profile in this case.

"This is an emotionally charged case," said Kim. "There’s a lot of tangential issues, political issues, personal issues that can get involved in the jury deliberation process."

Legal experts like Kim believe longer deliberations could be better for the prosecution.

Julius Kim

Julius Kim

"A quicker jury verdict would probably lean toward the defense," said Kim. "I think that is the general consensus. The longer the jury stays out, it seems they’re working hard, and really evaluating the facts and applying them to the jury instructions that the judge gave them. That could lean more to the state."

For a second day, family members of Rittenhouse were not seen inside the courtroom Wednesday. Loved ones of Anthony Huber, who was killed by Rittenhouse, sat inside the courtroom for much of the morning. Both sides are preparing for a verdict.

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