Attorneys argue on use-of-force experts at Rittenhouse trial

NOW: Attorneys argue on use-of-force experts at Rittenhouse trial

KENOSHA COUNTY, Wis. (CBS 58) -- The trial of Kyle Rittenhouse starts in one week.

Monday, Oct. 25, the judge held a final motion hearing to finalize details about what evidence the jury will be allowed to see and hear.

The judge ruled on a number of motions Monday. One win for the defense -- their use-of-force expert will be allowed to testify, but he will be limited.

That expert, Dr. John Black, will be allowed to testify about video of the shootings and explain how quickly events unfolded. The prosecution did not object.

"I think it's important we draw the line and we don't cross over into that means Mr. Rittenhouse was thinking this or intending this," said prosecutor Thomas Binger.

The judge also says he is leaning toward allowing video from hours before the shootings that shows police thanking Rittenhouse for being there. The defense says it shows Rittenhouse was not acting recklessly.

"I would submit to you conversations, interactions that he has with law enforcement go to his state of mind as to whether or not -- a) how obvious that danger was and whether or not it was actually dangerous conduct," said defense attorney Corey Chirafisi. 

The prosecution disagrees.

"The evidence, with regard to statements by anonymous law enforcement officers, occurred earlier in the evening at a separate location, with regard to separate behavior."

One motion the judge did not rule on yet -- the defense wants the judge to reconsider dropping a gun charge.

Jury selection starts Monday. They will seat 20 jurors, 12 who will actually serve and eight alternates. 

The prosecutor says they normally have one to two alternates, but because of the length of the trial and COVID-19, they want to make sure they have enough jurors to decide this case.

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