Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Kyle Rittenhouse trial: Juror excused for making joke about police shooting of Jacob Blake

Rittenhouse is on trial for shooting three men at a protest over Blake’s shooting in Kenosha, Wisconsin, in August 2020

Megan Sheets
Thursday 04 November 2021 13:25 EDT
Kyle Rittenhouse yawns multiple times in court as homicide trial begins

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A juror on Kyle Rittenhouse’s homicide trial has been excused after he reportedly made a joke about the police shooting of Jacob Blake.

The juror, described as an older white man, was dismissed on Thursday, the third day of the politically charged trial.

Mr Rittenhouse, 18, is facing charges for shooting three men at a protest over Mr Blake’s confrontation with police in Kenosha, Wisconsin, on 25 August, 2020.

Mr Blake was left paralysed after he was shot in the back seven times by a Kenosha police officer serving an arrest warrant on 23 August, 2020. The officer, Rusten Sheskey, claimed he thought Mr Blake, who is Black, was going to stab him. Mr Sheskey was not charged with any wrongdoing and has since returned to the force.

Prosecutors sought to exclude the juror for “racial bias” after he allegedly joked: “Why did the Kenosha police shoot Jacob Blake seven times?” Assistant District Attorney Thomas Binger said the intended punchline was “because they ran out of bullets.” It is unclear whether the juror delivered that punchline or stopped short.

In court on Thursday, the juror acknowledged making the joke but declined to repeat it.

“My feeling is it has nothing to do with the case,” he told the court. “It has nothing to do with Kyle and his seven charges.”

Mr Rittenhouse had traveled to Kenosha from his home in Antioch, Illinois, to serve as an armed guard at the protests and riots that erupted in the wake of Mr Blake’s shooting, prosecutors say. The defendant, who was 17 at the time, shot three protesters during the chaos, killing two of them.

Prosecutors argued that the juror’s joke showed racial bias. The defence initially opposed his dismissal but did not object after he refused to repeat the joke.

Circuit Judge Bruce Schroeder sided with the prosecution, saying: “I’ve talked quite a bit about public confidence in the outcome of the trial. It is clear that the appearance of bias is present, and it would seriously undermine the outcome of the case.”

Mr Blake’s uncle reacted to the juror’s joke outside the court, asserting that it casts doubt on the predominantly white jury and the trial as a whole.

“It gives you an insight to what kind of people we’re dealing with and how racist they are and the thoughts that they have in their mind. And the audacity that (he) was sitting in the jury box says a lot,” Justin Blake told the Chicago Tribune. “It shows that this process of picking a jury in one day is flawed.”

Twenty jurors were seated for Mr Rittenhouse’s trial this week. Judge Schroeder has said he will determine later which 12 will decide the case and which will be alternates. The jury now consists of eight men and 11 women.

The prosecution has portrayed Mr Rittenhouse as an instigator of the violence on the night he shot the protesters, while the defendant’s attorneys maintain that he acted in self-defence.

Mr Rittenhouse faces the possibility of life in prison if convicted of first-degree intentional homicide, first-degree reckless homicide, first degree recklessly endangering safety, and other charges.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in