Kyle Rittenhouse Case: Judge Rules On The Terms 'Looters, Rioters, Arsonists'

Circuit Judge Brian Schroeder ruled Monday at a pretrial hearing in Kenosha, Wisconsin, that lawyers for Kyle Rittenhouse could describe the men he shot as “looters,” “arsonists,” and “rioters” as long as they provide evidence.

The decision was announced at a hearing in Kenosha Circuit Court before Rittenhouse’s trial on Nov. 1. Prosecutors had argued the terms used by the defense were pejorative.

Schroeder warned Rittenhouse's lawyers against using the terms in opening statements. Schroeder, however, said the terms could describe the men in closing arguments if there is evidence they were involved in criminal activity.

“He can demonize them if he wants, if he thinks it will win points with the jury,” Schroeder told defense attorneys, according to the Chicago Tribune.

Rittenhouse, 18, is accused of murdering two people and injuring a third in August 2020 while countering a protest for racial justice in the wake of the Kenosha police shooting of Jacob Blake, a Black man. Rittenhouse pled not guilty with his lawyers arguing that he was using self-defense because the men he shot were chasing him.

Schroeder banned the use of the word "victim" by the prosecution.

“The word victim is a loaded, loaded word,” Schroeder said. It is not uncommon for judges to ban the word "victim," since it could prejudice the jury.

Gaige Grosskreutz, the lone survivor of the shooting, has yet to be charged with a crime like looting or arson.

“The terms that I’m identifying here such as 'rioter,' 'looter' and 'arsonist' are as loaded, if not more loaded, than the term 'victim,'” Assistant District Attorney Thomas Binger argued in a motion.

Schroeder added that prosecutors can also use inflammatory terms to describe Rittenhouse — an example used was "cold-blooded killer" — but must back such terms up with evidence.