Attorneys in Kyle Rittenhouse case battle over jury instructions

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KENOSHA, Wis. (CBS 58) -- In court Friday, Nov. 12, attorneys in the Kyle Rittenhouse case battled over what instructions the judge will give the jury.

In what is likely a preview of the state's closing arguments, Prosecutor James Kraus argued testimony and video presented at trial show Rittenhouse pointing his gun at someone, provoking Joseph Rosenbaum to chase him, sparking the entire incident. He says that's why the judge should give the jury the provocation instruction.

"We have presented evidence of this provocation that the unlawful conduct provoked Mr. Rosenbaum to attack him," Kraus said.

The defense disagrees, arguing the video doesn't show that and again voicing their objection to a drone video they feel is altered.

"That's where all the hocus pocus and adding the pixels and all the other garbage comes in and that's what they're building their prosecution on," defense attorney Mark Richards said.

After back and forth, an irritated Judge Bruce Schroeder wanted to see it for himself, yelling, "Show me the picture!"

The judge watched multiple versions of the drone video and ruled it will be up to the jury to decide what they see.

"It's the jury's case and they should make the critical decision," Judge Schroeder said before ruing, "My decision will be to submit the case with the provocation instruction."

The judge also ruled in the state's favor, agreeing to give the jury instructions about Rittenhouse's duty to retreat.

On Monday, Nov. 15, the judge will spend about 45 minutes instructing the jury. After that, the defense and state will have 2 and a half hours for closing arguments.

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