Prosecution caught 'off guard' by Rittenhouse testimony timing, legal expert says

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KENOSHA, Wis. (CBS 58) -- Legal experts say the key moment in Kyle Rittenhouse's testimony Wednesday, Nov. 10, when he was overcome with emotion, may have had a big impact on the jury. 

Early in Rittenhouse's testimony, he was discussing events leading up to his shooting and killing of Joseph Rosenbaum when he broke down in tears. A legal expert says that will stick in people's minds. 

"It was a powerful moment in trial history, I'd say throughout this country. From the defense standpoint, that was a moment that I think drew a lot of sympathy," said Julius Kim, a defense attorney and former prosecutor. 

Testimony from Rittenhouse was expected in this trial, but the timing of his taking the stand seemed to be strategic, according to Kim. 

"I do think that," Kim said. "Kyle Rittenhouse taking the stand this morning may have caught the state a little bit off guard." 

Kim added catching the prosecution off guard was apparent during parts of their cross-examination. 

Apart from breaking down and crying at the beginning, Kim says Rittenhouse appeared assertive and confident -- likely the result of preparation from his lawyers. Kim says Rittenhouse's answers can help him get self-defense position across to the jury. 

"He didn't seem apologetic about anything that happened, in this particular situation, so if nothing else he seems very, very sure that what he did was correct and was justified," said Kim. 

Kim also says while Wednesday may have appeared to be a weak day for the prosecution, they'll still have a rebuttal opportunity when the defense rests its case. 

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