grosskreutz take? does he hold that gun with both hands, the glock that he's got, and point it at the defendant? no, never. does he even take the gun with one hand and point it? no, never. instead, you can see him start to lunge in with his left arm forward. the gun is not in his hand. the gun is in his right hand. he's lunging forward, reaching for the defendant. probably reaching for the gun. probably trying to block the gun. you can see now he's going to take a step with his right leg across the defendant's body, not directly towards the defendant, but across the defendant's body. as he's reaching, almost swiping away at that gun with his left arm, he's bladed his body in such an a way to try and present as minimal a target as possible, which is probably what saves his life. his right leg is about to hit the ground here. the gun, the ar-15, is pointed directly at him from just two, maybe three feet away. he's trying to shield himself with his left arm. and as we approach frame 500 here, the gun goes

grosskreutz. come on, people. mr. grosskreutz has ten million reasons for not wanting somebody to go in his phone. the timing with the detectives and some of their actions are very important. they get down to antioch at 3:30 a.m. on the 26th. less than four hours after this happens. by 6:00, 6:30, giving them the benefit of the doubt, kyle rittenhouse is under arrest for first degree murder. there's not been any autopsy done, no witness statements taken. they have two or three videos. the bullets -- i should say it this way. all of the bullets have not been picked up from car source at this point. we're willing to make a decision. were they understand pressure? i'm sure they were. they're afraid there's going to be another night of looting, destruction in kenosha because of this happening and the way the word got out. he traveled across state lines. he was here. he brought his ar with him. the ar was here. he was a white supremist looking for trouble. nothing. nothing. that's why, ladies and gentlemen, when we picked

grosskreutz's arm. when those shootings occurred, that i just played for you, what would a reasonable person in the defendant's position at that time think? the good news is, ladies and gentlemen, you're going to tell us. as part of your decision in this case, you will represent the reasonable person of ordinary and prudent person and you will put yourself in the defendant's shoes that night. i submit to you that at the time of those shootings, a reasonable person in the defendant's shoes would have known that he had provoked joseph rosenbaum by pointing his gun at someone else. that the defendant had put someone else at risk of dying by doing that. the defendant should have known that the crowd was aware of the fact that he had just shot someone and that they felt their lives were in danger. that is reasonable. it is also reasonable to understand that at that point gaige grosskreutz had just witnessed all of this. he heard the defendant had shot someone, he heard the defendant lie about it, he saw the

prosecutors playing a livestream video grosskreutz recorded.ou can hear grosskreutz asking rittenhouse questions. >> hey, what are you doing? you shot somebody? who's shot? >> reporter: rittenhouse, prosecutors say, had already shot and killed joseph rosenbaum when grosskreutz says he witnessed him shoot anthony huber, who also died. armed with his own glock pistol, grosskreutz testified he pointed his weapon in rittenhouse's direction. >> what was going through your mind? >> that i was going to die. >> reporter: rittenhouse shot grosskreutz in the arm. grosskreutz testified he never intended to shoot rittenhouse, but the defense arguing rittenhouse only fired in self-defense. >> it wasn't until you pointed your gun at him that he fired, right? >> correct. >> reporter: and david, if convicted, rittenhouse could face life in prison. the prosecution could rest the case as early as tomorrow. david? >> alex, thank you. >>> and now to the hard-fought victory for president biden, the $1 trillion bipartisan infrastructure bill finally passed. after ye

grosskreutz's arm.d for you, what would a reasonable person in the defendant's position at the time think? the good news is, ladies and gentlemen, you are going to tell us. as part of your decision in this case, you will represent the reasonable person of ordinary and prudent person and he will put yourself in the defendant'ss that night. i submit to you than at the time of the shootings, reasonable person in the defendant shoes would have known that he had provoked joseph rosenbaum by pointing his gun at someone else. the defendant but someone else at risk of dying by doing that. the defendant should have known that the crowd was aware of the fact that he just shot someone and they felt their lives were in danger. that is reasonable. it's also reasonable to understand that at that point, gaige grosskreutz just witnessed all of us. he heard the defendant shot someone and he ordered the defendant lie about it. he saw the defendant shoot at jump kick man in close range and miss. he saw the defendant kill

grosskreutz said to you. >> i lied. he never said that. those words never came out of his mouth. >> paul, how damaging was that? >> well, it's pretty damaging, especially because these are shocking revelations that the jury certainly is not expecting. and so slowly or not so slowly, the foundation that prosecution has been building just keeps getting chipped away and chipped away. this has been a nightmare case for prosecution, and as a prosecutor, i know these are terrible things. but all of this has all happened in this one case. their principle witness was undermined on cross examination with the ambiguity about raising his gun or pointing his gun that really challenges what the defense is trying to present which is a case about self-defense. on top of that, we had nathan debrun, their witness that was taken over by the defense attorneys and was actually their witness. there's a late discovery with the video that just came in friday. let me tell you as a prosecutor, late discovery is never good for anyone. and then we've got the rulings

he's passed gaige grosskreutz. hasn't shot grosskreutz or pointed the firearm at him. the medic, if he thinks someone is being shot, why isn't he there? he doesn't know rich a mcginnis is tending to him. none of the people that chase him are at car source 3. there's no evidence. ziminski doesn't chase him. ziminski doesn't want anything to do with it. his wife doesn't want anything to do with it but the mob has now formed and is chasing him down sheridan road in a northerly direction. >> who is shot? who shot? >> he turns all the way around looking towards car source 3. could go there. at this point he hasn't armed himself. kyle is zero threat to anyone. this active shooter bs is something that mr. binger is trying to sell you. has he shot anybody since car source 3? no he hasn't. he's running to try to get to the police. mr. binger must live in fairy tale land to think that kyle could stop, put his gun down and say, hey, everything is good. leave me alone. i'm going to the police. unfortunately, that's not how the real world works. this was real world. people yelling

grosskreutz runs up on him. through the video later, but his first action is he's running in, the hand is coming up and the gunshot with huber goes off. the natural reaction is the flinch. he covers up. then he pulls his hands up. as he's standing with his hands up, look, he's not gripping the gun anymore in a pistol grip. hands up, hands apart. as he comes in to finish the job, the hand is on the gun going for mr. rittenhouse. he says it's an involuntary movement. the shot comes before it gets directly to his head. but the motion is coming, the shot. it continues on with that momentum. enough momentum to go through the bullet and point directly at kyle's head. does kyle fire again? no, he doesn't. actions likely to cause death or great bodily harm. he's coming in with a loaded glock. we asked gaige grosskreutz about it. he wouldn't admit there was one in the chamber. that's why we had to put on the officer to talk about the unfired shell casing. he talked about clearing the weapon and a live round coming out. g

then rittenhouse shot and killed another protestors before wounding grosskreutz.laims he was acting in self-defense. his attorney questioned grosskreutz's actions leading to the shooting. >> when you were standing three to five feet from him, it wasn't until you pointed your gun at him, advanced on him that your gun, now hands down pointed at him, that he fired, right? >> correct. >> reporter: defense attorney joe tambourino, who isn't connected to the case, says both sides are leaning heavily on grosskreutz's testimony >> because when you have a witness on the stand who almost died, they can be very powerful witnesses on either side. >> reporter: and the prosecution has said they will rest their case tomorrow. the defense has indicated rittenhouse himself may take the stand, and that could be in the next few days, norah. >> o'donnell: nancy chen, thank you. well, tonight the international lockdown is ending as the u.s. reopens its borders to vaccinated passengers from more than 30 countries just as we head into the holiday season. we get more now from cbs' errol

gaige grosskreutz testified what he heard he heard i didn't shoot anyone and gaige grosskreutz actedthat. he then followed -- he left mr. rittenhouse, thinking that he was not involved in the shooting, and started going to the shooting of mr. rosenbaum before being told by others that saw it that he was the shooter and then he returned. so, gaige grosskreutz relied on the statement of mr. rittenhouse. we're talking -- let's talk about a rush to judgment. mr. rittenhouse turned himself in. he is supposed to be days, weeks, months to charge murders who we know murdered people? it's a red herring as mr. binger said. it's throwing up red herrings, false hypocritical arguments and attacks on those that mr. rittenhouse killed to try to distract you from the fact that he was not in fear of death or great bodily harm and he was not privileged to act how he did. we heard from ms. carrie ann schwartz. now that talked about jail now we can smear mr. rosenbaum more even though there was no dispute that he came from a hospital. he is carrying a hospital bag. ms. schwartz testified that she talked

but you just saw gaige grosskreutz.tors he intended to provide medical aid to protesters. this is him describing the first time he saw rittenhouse. >> there was an individual who i had assumed came from the demonstration. i assumed that because the person was coming from north traveling southbound. this individual was being supported by two other individuals kind of like -- if you were to hurt your leg and you needed somebody to help you. i had observed this individual come closer to the car source as the defendant had been essentially offering medical aid. and then i was the -- that was the first time i saw the defendant. >> did you see the defendant provide any treatment to that individual? >> i did not. >> rittenhouse is charged with shooting three people and killing two of them. the alleged shooting happened during the protests in kenosha after the police shooting of jacob blake. gabe gutierrez is in wisconsin where the testimony is entering the second week, and our legal analyst is back with me. gabe, let's start w

grosskreutz did not get four shots. the defendant has the ability to gauge what he is doing and to stop shooting. mr. richards talked about the threat being immobilized. what threat does someone 6 inches shorter than you already shot in the hip and already falling to the ground have? why do you have to keep tracking him and shootings him and end up with a kill shot in the back? hit him, kick him, knee him, anything else. and mr. rosenbaum and mr. rittenhouse are alive. because, the defense talks about games that the prosecution has played. let's talk about games. let's talk about how mr. rittenhouse on that night did not tell anyone about this grabbing of the gun did tell anyone i was afraid they were going to use the gun against me. that is because once mr. rittenhouse and his team understood that an unarmed person chasing him, and unarmed person chasing him later on would not be enough to meet this standard, to meet this privilege. they had to concoct a story. they had to concoct a story about how suddenly i was in gr

rittenhouse's other victims, joseph rosenbaum and gaige grosskreutz. to be clear, the juror has decided he did not commit murder, that he indeed was acting in self-defense, which is what the defense had presented to them, the prosecution obviously fighting against that. we, you know, we expect to hear from some more of these families. we expect to hear from the -- at least the attorney potentially for gaige grosskreutz who was severely injured in this, and who did take the stand. his testimony paramount in this case, as well as all of the video that this jury had and could watch as many times as it wanted. there was a lot of consternation by the defense in letting this jury watch the video, you have to be careful putting so much onus on one piece of evidence. the judge being very clear, that may apply to witness statements, but that should not apply to video that shows the action that they are deciding. it shows the very moments of these killings, and so the jury did so. they did take a look at the video again, and their decision was that he was not gu

i thought that the defendant was, um, an active shooter. >> reporter: grosskreutz was also carrying asecond amendment, and that night was no different than any other day. it's keys, phone, wallet, gun. >> reporter: he ran in rittenhouse's direction, as others began chasing alongside him. some even confronting r rittenhouse. then, gunshots. anthony huber is shot in the chest and grosskreutz, just feet away, puts up his hands. >> so after you raised your hands like this, you saw the defendant re-rack the weapon? >> correct. >> what did you think was going to happen? >> re-racking the weapon, in my mind, meant that the defendant pulled the trigger while my hands were in the air but the gun didn't fire. so then, by re-racking the weapon, i inferred that the defendant wasn't accepting my surrender. >> reporter: during cross-examination -- >> you didn't drop your firearm. you were chasing mr. rittenhouse with your gun. >> reporter: the defense honed in on that same moment but going to after grosskreutz's hands were up. >> at this point, you are holding a loaded chambered glock 27 in your ri

gaige grosskreutz was the only person who survived being shot by rittenhouse.ber's parents, karen bloom and john huber, said they were heartbroken and angry over the verdict, which they said did not deliver justice for any of rittenhouse's victims. this is anthony huber's father john huber responding to the verdict on cnn. >> we are still in shock here, you know? that guy gets to run free and he is now a hero. this is my son right here. this is anthony. we lost our son and there's no justice right now for our family and there is no closure. there wasn't going to be justice in the kenosha court with that judge. amy: after rittenhouse's acquittal, anthony huber's girlfriend hannah gittings, who was with him the night of the protest, told reporters that she wasn't surprised by the verdict, saying, "we know that this system is a failure." this is hannah speaking friday outside the kenosha courthouse. >> i miss anthony every single day. every day i wish that i could come home to him and unload some of this weight that is on my shoulders, but i can't because he is de

. >> frame 500 shows you firing your ar-15 towards gaige grosskreutz. at this particular moment, he does not have that pistol pointed towards you, does he? >> he does. >> has left leg has stepped across, not directly towards you, but to the side of you, correct? >> yes. >> he is reaching and with his left arm towards you, correct? >> yes. >> he never steps back and puts the gun in both hands in an in y aim position towards you? >> he never does that. >> he doesn't take his gun out, stand there with his right hand in front of them, and emma directly at your customer >> no, he does not pointed directly at my head. >> and you thought that's how he was going to shoot you? >> yes. >> you thought he ran close to you to shoot you? >> yes. >> you understand that he could have taken that gun and shot you from 10-15-20 feet away, right? >> sorry, i'm trying to understand the question. >> you understand that a pistol like that does not need to be right next to somebody to shoot, right? it can shoot from 10-20 feet away. >> yes. >> mr. grosskreutz could have stoppe

>> yes. >> you intentionally used deadly force against gaige grosskreutz, correct? >> yes. >> reporter: but then, the prosecutor began to talk about the timing of rittenhouse's testimony. after rittenhouse has had a chance to hear others testify in this trial, and seeing video of the night's events. the judge interrupted citing rittenhouse's fifth amendment rights. >> the problem is this is a grave constitutional violation for you to talk about the defendant's silence. >> so, the questioning continued. but this time, touched on a previous incident the judge had not, as of wednesday, allowed into trial. the judge had had enough. >> the court left the door open. >> for me, not for you. >> i was astonished when you began your examination by commenting on the defendant's post-arrest silence. that's basic law. it's been basic law in this country. don't get brazen with me. >> reporter: the incidents prompted the defense to file a motion for mistrial with prejudice, meaning he could not be retried. the judge said he would take it under consideration, and the prosecution re

rittenhouse is charged with killing joseph rosenbaum and anthony huber and injuring gaige grosskreutzith an ar-15. the 18-year-old arguing self-defense. in court jurors shown new images of the moments before the shooting. they were captured by blogger drew hernandez, the defense calling him to the stand. >> did you observe him acting in an aggressive manner to anyone that you observed? >> in no way, shape or form. the first time i saw kyle he actually de-escalated a situation. >> reporter: prosecutors trend pressing hernandez about social media behavior and whether he has an agenda. >> have you ever posted anything on social media -- >> yes. >> -- in support of kyle rittenhouse? >> one could argue, yes. >> reporter: the defense also bringing in an expert who analyzed the video from the protest and testified rittenhouse killed rosenbaum and huber and injured grosskreutz in a matter of 2 minutes and 55 seconds. grosskreutz the only person to survive being shot by rittenhouse reacting to his tearful testimony. >> people right there. >> reporter: speaking exclusively to our michael straha

. >> reporter: he then sees gauge grosskreutz. >> i see mr. grosskreutz. as i lowered my weapon, i looked down. and then mr. grosskreutz, he lunges at me with his pistol pointed directly at my head. >> reporter: so rittenhouse shot him once. >> what happened after you shoot him? >> he's no longer a threat to me. >> reporter: during the cross-examination, the prosecution began to paint a bottom line. >> everyone you shot you intended to kill? >> i didn't intend to kill. i intended to stop the people attacking me. >> by killing them. >> reporter: the prosecution pushed further. >> you intentionally used deadly force against joseph rosenbaum, correct? >> yes. >> you intentionally used deadly force against the man who tried to kick you in the face, yes? >> yes. >> you intentionally used deadly force against daniel huber, correct? >> yes. >> you used deadly force against grosskreutz? >> yes. >> reporter: after rittenhouse had a chance to hear others testify in the trial and seeing video in the night's events, the judge interrupted and cited his fifth amendment

>> that's correct. >> reporter: the defense also pointed out that grosskreutz was suing the city andcould benefit financially if rittenhouse is convicted. rittenhouse faces seven charges, including first degree intentional homicide his lawyers insist he acted in self-defense. the prosecution is expected to rest its case as early as tomorrow rittenhouse himself could testify later this week. >> all right, gabe thank you. in just 60 seconds, former president's obama's rallying call on climate change, which countries he's pointing the finger at >>> and alec baldwin speaking out again after that deadly movie set shooting what he is calling for on all movie sets. >>> new subpoenas issued tonight to six former trump campaign aids by the house committee investigating the january 6th attacks. they include bill stepien, the 2020 campaign manager and jason miller a campaign adviser and michael flynn, a former national security adviser the committee is demanding their testimony and records. >>> at the white house today, president biden taking a victory lap after the passage of his bipartisan tr

rittenhouse's other victims, josen rosenbaum and gaige grosskreutz. he was shot but did not die. his bicep was blown off and he did take the stand in this case. we should also mention that the mother and father of mr. huber, anthony huber, were not in the courtroom watching all of this and they explained why, they could not take the emotional toll from sitting in trial however members of anthony huber's family were there. his aunt for example was in court watching all of this the machinations of this court and waiting for the jury's discussion. but you hear there from a family who felt that their son was trying to do something valiant and they feel like justice was not served here. you'll hear the complete opposite from kyle rittenhouse, his family and his attorneys who feel that kyle rittenhouse as the jury also decided was innocent of all of these shootings and did so in self-defense. i do want to talk to you a little bit about some of the things that we learned in this case while the trial was going on. that was not public knowledge or whats not widely known publicly. one of t

grosskreutz; correct? >> also correct. >> amount of time that passes through observation number eight, joseph rosenbaum and final shot to mr. grosskreutz, observation number 26? >> i can again or just make sure that i have numbers again. we're looking for observation 26; correct? stop point? is that correct, sir? >> yes. >> okay. and your start point? >> observation eight to observation 26. >> one minute and 20 seconds. >> approximately one minute and 20ing seconds, the defend fired all eight shots that we see, is that correct? >> yes, sir. >> you indicated also, you measured the time between the first, the two shots that the defend fires at the person who jumps and tries to kick him in the face. >> yes, sir. >> the gap between that first shot to that individual and second shot to the individual was .602 seconds. 6/10th of a second? >> yes, sir. >> you have the ability with software you are using to give us the data that is generated by that software, separate report you can generate, is that fair to say?

grosskreutz? >> approximately one minute and 20 seconds. >> in that approximately one minute and 20 seconds the defendant fires all eight shots? >> reporter: a day after rittenhouse's at times emotional account of what happened in that minute 20, gage grosskreutz, the only survivor of those shot that night, felt it wasn't genuine. >> to me it seemed like a child who had just gotten caught doing something that he wasn't supposed to, more upset that he was caught and less upset about what he had done and what he had taken and the numerous lives that he affected. >> omar, the judge was also heard making a comment right before they broke for lunch. what did he say? >> reporter: yeah, anderson. he said he hopes the asian food that they were getting for lunch wasn't on one of those boats in long beach harbor, which may have been reference to supply chain backlogs over there. but for ships that were likely coming from asia. it was perceived as anti-asian by some. at the very least just a weird time to ma

rittenhouse shot three men that night, including grosskreutz, the only one to survive.micide charges for the shootings, their encounter plays a key role in this claim of self-defense. on tuesday, grosskreutz who was armed that night took the stand to offer his recollection of how that night unfolded. >> in the moments, i thought that the defendant was an active shooter. i didn't draw my firearm with an express intent of using it. but also being ready if i had to use it. >> the trial against rittenhouse is entering the final phase. closing arguments are scheduled for tomorrow with jury deliberations to begin soon afterward. joining me now is the lawyer representing gaige grosskreutz. i have so many questions. but i can only imagine right now that he took your -- took the stand, your client took the stand and recognizing that both kyle and he were there for very different reason sreasons, for event. what is your take on this? >> well, thank you for having me. actually my client went to kenosha, wisconsin, simply to serve as a medic, he provided medical services for both s

the defense seized on the testimony of gaige grosskreutz. video shows rittenhouse shot and destroyed grosskreutz's right bicep in the melee. >> when you were standing three to five feet from him with your arms up in the air, he never fired, right? >> correct. >> it wasn't until you pointed your gun at him, advanced on him with your gun, your hands down pointed at him that he fired, right? >> correct. >> sara, i know you are also learning more about what when the jury signed off on certain verdicts? >> yeah, it's really interesting. these are the jury verdict sheets that i am holding up. um, and taking a look at them, what you notice is that the second day of deliberations they had made a decision of not guilty on a couple cases. the killing of anthony huber, they had decided was -- kyle rittenhouse was not guilty on. and in the case of this uni unidentified man that was killed jump-kick man in the case. that there was a not guilty verdict there. there was a gun rittenhouse shot off his gun, he missed but put in him in danger. so there were n

that was gaige grosskreutz that was shot in the arm. he also said that he pointed his pistol at kyle rittenhouse. that was how their interact began, which a lot of people thought the trial could have been over in that moment. andy, the question of whether or not the prosecution sort of went too far in the way they charged this case. first degree reckless homicide and that first -- in the first count with regard to the death of joseph rosenbaum. and i thought it was interesting. goes on down the line. five counts. the option for second degree counts in some of these as well. i watched mark richards closely as you see them listen to this verdict. you could hear a pin drop. everybody is holding their breath as we wait for this verdict. i'm looking at mark richards's face. he buries his face in his hands. he said i was a little bit afraid because of the amount of time the jury took that they might have bartered. in essence that they might have chosen one count here or there to find him guilty on. so of course, the not guilty, the first and

frame 500 shows you firing your ar-15 towards gaige grosskreutz. at this particular moment, he does not have that pistol pointed towards you, does he? >> he does. >> his left leg has stepped across in a -- not directly toward you but to the side of you, correct? >> yes. >> he's reaching in with his left arm towards you, correct? >> yes. >> he never steps back and puts the gun in both hands in a ready, aim position toward you, does he? >> he doesn't do that. >> he never takes that gun with his right hand and stands there and holds it out with his right hand in front of him and aims it directly at you, does he? >> no, he does this, pointing it directly at my head. >> and you thought that's the way he was going to shoot you? >> yeah. >> you thought he ran up close to you to shoot you? >> yes. >> you understand that he could have taken that gun if he wanted to and shot you from 10, 15, 20 feet away, right? >> i'm sorry, i'm trying to understand the question. >> you understand that a pistol like that doesn't need to be right up close to someone to shoot

and that the second individual, grosskreutz, pointed a gun at his head. so he had no choice but to fire the shots in self-defense. that's the case the defense puts on the table, and it's a strong case. it is a hard case for the prosecutor to overcome. >> i agree with you, paul. >> i wonder, judge hatchet, what you think about this judge admonishing the prosecution not just once, many times. but this was perhaps the most heated moment. let's listen. >> i was astonished when you began your examination by commenting on the defendant's "post" arrest silence. that's basic law. it's been basic law in this country for 40 years, 50 years. i have no idea what you would do something like that. >> before the -- >> don't get brazen with me. you know very well that an attorney can't go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so. so don't give me that. i don't believe you. there better not be another incident. i'll take the motion under advisement. >> the motion was by the defense for a mistrial w

and then you had the third victim, gaige grosskreutz. that individual had initially said that he did not have a gun out there that night. and on cross examination, gaige grosskreutz admitted that he had a gun, that he had pointed that gun at rittenhouse. our viewers should understand this and be clear on this. that rittenhouse did not have to wait to be shot by grosskreutz before he could take some action. so i'm not really surprised by this verdict. i think that the prosecution was not able to disprove that rittenhouse did not act in self-defense. >> neil: were you surprised, ted, that it was not guilty across the board, that rittenhouse was acquitted on all counts? there were a lot of possibilities here. none of the above. >> you know, all of these counts all five of them centered around self-defense. as i was on with you yesterday and we were going in to day 4, which is day 4, but day 3 just about passed, i was deeply concerned as to whether they were going to try to split the baby in half. but i can tell you, neil, that what helped r

judge jeanine: finally gross fiy finalfinally gaige grosskreutz. >> the grosskreutz case is laughableoints a gun at rittenhouse. why would you charge rittenhouse with any crime? rittenhouse has every right to shoot and save his own life. the common thread with these three victims is they were all three aggressors. they were chasing after rittenhouse and they wering about the aggressive ones and that's what led to what happened. judge jeanine: thank you very much for being with us tonight. my next guest, a civil rights attorney, fox news contributor, leo terrell. let's talk about what's going on in this country. the use of deadly physical force by kyle rittenhouse i believe has been established in this case, but of course it's always up to the jury. but there has bean vacuum created with the police standing down. police are not there. there is rioting, businesses being burned. when there is a vacuum keep tend to take arms and try to protect themselves. what do you see going into the future with this kind of activity? >> as long as the democrats are in power a continuation. this is the

>> that i was going to die. >> reporter: rittenhouse shot grosskreutz in the arm.kreutz said he never intended to shoot the teen, but the defense pushing back. >> it wasn't until you pointed your gun at him that he fired, right? >> correct. >> reporter: grosskreutz's attorney insisting rittenhouse was the aggressor. >> he was the one that caused that carnage. he's the one that put people in harm's way. >> reporter: and the prosecution could rest their case later today. rittenhouse, if convicted, could face life in prison. michael? >> all right, thank you so much, alex. >>> we turn to the other high-profile case making headlines right now. the three georgia men facing murder charges in the killing of ahmaud arbery who was unarmed and shot to death while out jogging. the first officer on the scene testified about what he says the defendant told him when he arrived. steve osunsami is covering the case for us this morning. good morning, steve. >> reporter: good morning, michael. through police body camera videos prosecutors are describing a hunt that they say happened

grosskreutz said he raised his hands to surrender. >> the defendant pointed his weapon at me.y hands in the air. re-racking the weapon, i inferred the defendant wasn't accepting my surrender. >> reporter: prosecutors asking why he decided not to shoot rittenhouse first. >> i was never trying to kill the defendant. i was never -- it was never something i was trying to do. in that moment, i was trying to preserve my own life. >> why didn't you take your own gun and shoot the defendant first? >> like i said, that's not the kind of person that i am. it's not why i was out there. it's not why i was out there for 75 days prior to that. >> reporter: the defense pressing grosskreutz on what happened after he lowered his arms, a gun in one hand. >> when you were standing 3 to 5 feet from him with your arms up in the air, he never fired, right? >> correct. >> it wasn't until you pointed your give un at him, advanced o him, that he fired, right? >> correct. >> reporter: that moment, john, when the witness says that he lowered his hand could potentially prove very, very significant for th

as to the fifth count of the information gauge grosskreutz we the jury find kyle h. rittenhouse not guilty. >> members of the jury, are these your unanimous verdicts? >> gentlemen. >> is there anyone who does not agree with the verdicts as read? >> no. >> would you wish the jury polled? >> no. >> okay. okay. folks. your job is done and we started just about three weeks ago, and i -- i caught -- i told you it could last two weeks and two days. this is three weeks. you were a wonderful jury to work with. you were punctual, you were attentive, and the forgotten six over here who had a very difficult job of keeping from discussing the case during the time that they were sequestered as well, all of you, i couldn't have asked for a better jury to work with, and it has truly been my pleasure. i think without commenting on your verdict, the verdict themselves, just in terms of your -- your attentiveness and the cooperation that you gave to us justifies the confidence that the founders of our country placed in you, so i dismiss you at this time. you're never under any obligat

and he wanted to get gaige grosskreutz's word out.didn't repost and say he lied but he took it down, but unfortunately, the internet has a memory. the next witness was kyle rittenhouse. we did recall the brothers but i've talked about that. kyle rittenhouse did not have to take the witness stand to tell his story. it was told through video. he wanted you as the jurors to hear his personal experience of the night of the 25th. he knew mr. binger would cross-examine him for hours. he was willing to get up on that witness stand, take the oath and tell his story the best way he could. and he did. could mr. binger pick on him and find little things about it? a little bit. did he damage his credibility? i don't think so. getting to mr. yellowpants, which he's been talked about. mr. binger talks about, he says with sarcasm, ladies and gentlemen, you've seen the video, but remember, that when the yellow pants said to kyle, he goes, you held your gun like this. that's low ready. that's not like this. it's down. he never pointed his gun at him.

grosskreutz -- the only person to survive being shot by rittenhouse -- reacting to this dramatic moment. >> there was people right there -- >> reporter: speaking exclusively to our michael strahan on "gma." >> to me, it seemed like a child who had just gotten caught doing something that he wasn't supposed to do, or upset that he was caught and less upset about what he had done. >> reporter: and david, the jury has been sent home for the weekend. both parties will hash out instructions tomorrow and closing arguments are set for monday. kenosha police and kenosha authorities say they're already bracing for any possible reaction to a verdict. david? >> all right, alex perez leading us off tonight. alex, thank you. >>> we move on tonight to the alarming new numbers on covid cases in this country. for the first time in months, covid cases nationwide now on the rise. authorities are pointing to the changing of the seasons, more americans indoors and near one another. 22 states tonight seeing spikes from colorado to nvm nm to michigan. what they're now seeing in the icus. and what they're now

>> tt hai wagos ing dtoie. ep>> rorr:te grosskreutzs sayhe lost 90% of his bicep. >> that looks likeized. >> reporter: grosskreutz, a professionally trained medic, treated nearly a dozen protestors that night. he ss ayhe h geardunshots and ran toward them. >> i thoughaht tt the defet ndan waan active teshoor >> reporter: toy,da the jury was shn ownew video ofte ritnhseou shoo atingndil klingos jeph roausenbm. >> gffet o! repteorr: aro cwd csehad and confronted rittenhouse as he fled the scene. thenit rtenh sousehoant d killed anheprr otesr tobefo re undirong gsseukrtz. rittenhouse msclai hwae s acting inel sf-defense. s ateytorn qstueioned grosutskrez'acs tions leading to the shngooti. >> wyohen u rewe standing three toivfee et from him,wa it sn't until you pod inteyo gurun at ahim,dvceand on him thaurt yo n, now handsn dowpoteind at m,hi that he fired, right? correct. >> rteeporr:ef dense attorney joe outambri, nowho isn't ecconntetod the case, sboays th sides leare ang inheavy ilon grosskreutz's testimony. >> because when you have a witness on the stand who almost died, ctheyane bv

the defense seized on the testimony of gaige grosskreutz. video shows rittenhouse shot and destroyed grosskreutz's bicep yet he gave the most compelling argument that rittenhouse was acting in self-defense. >> when you were standing three to five feet from him with your arms up in the air, he never fired, right? >> correct. >> it wasn't until you pointed your gun at him, advanced on him, that your gun -- now your hand is down pointed at him. and he fired, right? >> correct. >> reporter: we are now getting a statement from grosskreutz's attorney about this case and how they feel about this case. and they said that kim motley, his attorney, grieved for the families of those slain by rittenhouse, that no one deserved to die that night or be injured. and she called grosskreutz and anthony huber, both who were after -- running after kyle rittenhouse, called them heroes. that they acted heroically in this but she asked that everyone remain nonviolent in their protests and she felt that justice had not been done today. pam? >> sara, we've seen a sm

it was self-defense when he shot and killed joseph rosenbaum and anthony huber and maimed gaige grosskreutzthe protests in kenosha, wisconsin last year. today a jury agreed after four days of deliberation. rittenhouse's attorney spoke after the verdict. >> he wishes none of this would have ever happened. but as he said when he testified, he did not start this. >> reporter: lead prosecutor thomas binger issuing a statement, "while we are disappointed with the verdict, it must be respected. we ask that members of our community continue to express their opinions and feelings about this verdict in a civil and peaceful manner." president biden agreed. >> i stand by what the jury has concluded. the jury system works, and we have to abide by it. >> reporter: but for the loved ones of the two victims today's vertical. verdict was a crushing blow. >> if one person's life or two persons' lives don't matter then none of our lives matter. >> we know that this system is a failure. i think the question that most of us are feeling right now is what can we do next? >> no justice! >> no peace! >> reporter:

he was 17 when he shot and killed joseph rosenbaum and anthony huber and injured gage grosskreutz duringge him under law. he's not a symbol. he's the defendant. >> i didn't do anything wrong. i defended myself. >> reporter: the defense maintains rittenhouse came to kenosha as a concerned citizen, protecting private property and giving medical aid during protests that at times turned violent and he acted in self-defense. >> so you felt that as a 17-year-old it was appropriate for you to be out on the streets of kenosha with an ar-15 that night? fair? >> reporter: the prosecution painted him as a vigilante and an outsider who killed mercilessly. his mother telling fox news she thinks the jury will acquit him. >> i'm very proud of kyle. he's a very strong, loving young man. has a heart of gold. >> there's no question the two cases have similarities. in the rittenhouse case, interestingly race plays a huge factor in the larger narrative of where this fits into our social conversation about race and criminal justice, but in the trial itself it may not play much of a role. kyle rittenhouse of

gaige grosskreutz was injured. the situation, immediately politicized. the left jumped on rittenhouse as the face of white hate. the white made him the poster boy for white fright and self-defense. but now at the trial notions of left and right must stay outside and all we know is what can be made as reasonable by the prosecutor. we only know what the prosecution can show. in the instant case, that means can the prosecution show that rittenhouse is guilty of murdering and injuring beyond a reasonable doubt. now, the surrounding circumstances are not helpful to rittenhouse. he claims he was at the protest to help, to provide medical support. but he was posing as an emt. he's not one. and he brought an ar-15 he wasn't allowed to have, two place he was not from, with no right or authority to protect any property. now, he says the property owner asked for his help. that is not what the owner says. nevertheless, for the jury, the key part is likely not why he was there, but whether it was reasonable for him to shoot three men in self-defense. early notions we