i was behind joanne fiedler. i was somewhere over there. >> so how far away were you from mr. rosenbaum when he made the second threat? >> 10, 15 feet. i'm not really certain. >> but you were close enough to hear the words out of his mouth? >> yes. >> and you took that as a threat to you personally? >> i took the first one, where he said if i catch you alone i'm going to kill you. i took that as a threat to me personally. the second time i took that as a threat to the group. >> can we have that photo, exhibit 138, up on the screen, please. do you see mr. rosenbaum in this picture? >> i do. >> and he's in the middle of the picture carrying a plastic bag? >> yes. >> is that the way he looked when he made the first threat to you? >> when he said if i catch you alone, yes. >> and he was carrying that plastic bag with him when he made that threat too, correct? >> correct. >> how close was he when he made that first threat? to you. >> close. i couldn't give you an exact estimate. but he was close, less than five feet. >> so closer than madam court reporter is to you now? >> i would

. >> reporter: defense also calling joanne fiedler, who testified that rosenbaum made threats that evening. >> rosenbaum started shouting back at us that he's going -- pardon me judge for saying this and everybody else, but he was going to kill us [ bleep ] -- and cut our hearts out. >> reporter: and david, the jury today taking a lot of notes during that testimony from the medical examiner. it remains unclear if rittenhouse will take the stand. david? >> alex perez, thank you. >>> now to the news coming in tonight from capitol hill and the january 6th investigation. that select committee with ten new subpoenas. so, tonight, who is on that list and will they cooperate? here's our chief washington correspondent jonathan karl. >> reporter: the january 6th committee is zeroing in on donald trump's inner circle, issuing subpoenas today for close advisers who spent the most time with him in the white house. who saw and heard what he did right before and during the capitol riot. among them, some familiar faces. kaylie mack anmy, the former white house press secretary. she was pushing lies about

. >> reporter: joanne fiedler also testifying about seeing rittenhouse around the same time. >> he wasring, slurring his words, sweating. >> do you recall him saying anything? >> i sat down, remember him pulling his hair back and pulling it back really hard and his comment was, my god, my life might be over. >> reporter: both smith and fiedler say they were guarding the car dealership where rittenhouse shot and killed joseph rosenbaum. fiedler saying rosenbaum was taunting the group, using vulgar language toward them. >> you were frozen at the verbiage and the threats coming out of him. the whole night was quite shocking. but we didn't really do anything. we just kind of stood there. you have to ignore that. >> reporter: before the defense called their first witness, the judge dismissing one minor charge against rittenhouse, saying prosecutors didn't provide enough evidence. >> the curfew violation is no longer part of the contest here. >> reporter: rittenhouse still faces five felony charges and a misdemeanor, including first degree intentional homicide, first degree reckless homicide

you have this caravan of people from west bend, ryan balch, jason likowsky, joanne fiedler, coming down from some other community, having no idea what's going on here in kenosha, having no idea what the businesses are, having never dealt with car source before, just injecting themselves into the situation. car source that night was empty. the owners testified they moved all the cars off the lot. they took the tools out from inside. and they didn't even feel the need to protect that building. so who is there? these guys with the ar-15s are just wannabe soldiers, acting tough, trying to manufacture some personal connection to this event, furthering their own personal agenda. just a small part of the deluge of chaos tourists we saw here in kenosha, trying to feed off of what we were going through. despite everything we did to try and tell them, go away, stay out. did those owners, sam and sal, ask anyone to protect their business? you know, i called them to the stand because i wanted you to hear from them. i had their statement. but i wanted you to hear from them. and i'm sure you formed y

he said to i believe it was joann fiedler, dustin, and another guy, he was screaming. he said i'm going to cut your fucking hearts out. i'm not going to repeat the second word. and kill you and words. >> now, did you ever see mr. rosenbaum doing any physical property damage? >> i did. >> where? >> i saw him -- i now know to be joshua. i saw him tip that trailer over and the porta potty. i believe he tried to start the porta potty on fire. i don't think he succeeded but i saw him with joshua. i don't know which one he was doing. >> where did you originally see that trailer? >> that trailer was in the st. james -- in the st. james church parking lot sort of like right over here and like the backish corner what i remember. >> and did you see how it got from there to where it was put on fire? >> it was pulled. >> by whom? >> it was several people that pulled it into the street and i can't tell you definitely who pulled it into the street. >> all right. and you went down there and saw them starting a fire? >> i didn't go down there. i was at the corner of the car source lot