mr. zaminsky instructed mr. rosenbaum to get him and kill him.eard. >> and you go running what's listen referred to, the southwest corner of car source? >> yes. >> and as you're running in that direction, describe being chased, what was happening? >> as i'm running in that southwest direction, mr. rosenbaum throws -- at the time i know t a bag now, but when he threw it at me, with the light, it looked silver, and it looked like the chain. when he threw it at me. and then i continued -- i turn around for -- for about a second while continuing to run, and i point my gun at mr. rosenbaum. >> does that stop him from chasing you? >> it does not. >> after you turn around and you had your hands up kind of in a low ready position? >> yes. >> and you see mr. rosenbaum coming at you? >> yes. >> and what do you do then? >> after he throws the bag and he continues to run, he's gaining speed on me. a gunshot is fired from directly behind me, and i take a few steps, and that's when i turn around. and as i'm turning around, mr. rosenbaum is -- i would say from

mr. zaminsky advised mr.rosenbaum to get him and kill him, what i heard. >> you go running to what's been referred to the southwest corner of car source? >> yes. >> as you're running in that direction, describe being chased, what was happening? >> as i'm running in that southwest direction, mr. rosenbaum throws -- i know it's a bag now, but when he threw it at me with the light, it looked silver and it looked like the chain when he threw it at me. and then i turn around for about a second while continuing to run and i point my gun at mr. rosenbaum. >> does that stop him from chasing you? >> it does not. >> okay. after you turn around, and you had your hands up kind of in a low ready position -- >> yes. >> -- and you see mr. rosenbaum coming at you? >> yes. >> what do you do then? >> after he throws the bag and he continues to run, he's gaining speed on me, a gunshot is fired from behind me, directly behind me. i take a few steps, and that's when i turn around. as i'm turning around, mr. rosenbaum is -- i woul

mr. zaminski and there were -- people right there -- >> we're going to take a break. >> reporter: the judgelined not to believe him, you think he's faking it. and so there's always a danger when something big like that happens in the courtroom. this is a case where, at this point, the defense wants to take as few risks as possible. kyle rittenhouse breaking down on the witness stand could be a risk. it just depends on how the jurors view it. but in the end, i don't think him breaking down on the witness stand is going to make or break this case. >> certainly none of us know a man's heart, but you and i have both covered enough trials to know, what was your reaction to the emotion on the stand? authentic? >> no. to be quite honest with you, no. in fact, i was really surprised at the number of people who were comfortable saying that he got emotional. he appeared to be going through something, but i'm not sure if it's authentic or not. but whether it was authentic or not is secondary to this. we don't know what he was crying about. >> since august 25th, 2020, this is the first time that you ha

mr. zaminski, and there were ... there were people right there. emotional week for kyle rittenhouse as the 18-year-old broke down on the stand jake happened from his point of view. joining us defense attorney brian claypool. there were three people who were shot. one is rosenbaum, the other is hire and the other is grosskreutz who is still alive. >> rosenbaum was attempting to push a burning dumpster into police vehicles occupied by human beings. as soon as they put that dumpster out he began to get confrontational. judge jeanine: there you have a witness as to what was going on between kyle and rosenbaum that night. a witness said rosenbaum tried to reach toward kyle and grab his gun. would kyle be justified in that situation of using deadly physical force? >> my answer is question. self-defense is a reasonable belief that you are in harm's way. here rittenhouse is based rosenbaum lunging at him and grabbing for a gun. rittenhouse heard zaminski say get him and kill him. rosenbaum is the aggressor. in -- in rittenhouse's mind he thinks he's going

mr. zaminski. and there were -- there was people right there. >> take a deep breath, kyle. if you didn't want to shoot mr. rosenbaum, why did you point it at him? >> he was chasing me. i was alone. he threatened to kill me earlier that night. i didn't want to have to shoot him. >> the defense is expected to call at least three more witnesses before resting. rittenhouse has pleaded not guilty. he faces a mandatory life sentence if convicted on the most serious charge. cnn's shimon prokupecz joining us from kenosha, wisconsin. shimon, three witnesses set to be called. do we know who's up first? >> reporter: yeah. so the first witness we believe is going to be a man by the name of dr. john black. he's with the forest signs institute, and we believe he'll testify about the use of force situation here. he normally is used in police cases, cases where a police officer is on trial or facing some kind of action because they've used force. so it's interesting to see he'll be used in this case. but certainly kyle rittenhouse's testimony yesterday sets up to what he's going to testify

mr. zaminsky and they were -- there were people right there. >> rittenhouse claims he was ambushed.says he was cornered and did what he had to do to stop the deceased from attacking him. he testified that rosenbaum, seen here, threatened to kill him twice earlier in the night. >> he screamed -- sorry for my language -- he screamed if i catch any of you [ bleep ] i'm going to [ bleep ] kill you. he said, i'm going to cut your [ bleep ] hearts out and kill -- i'm not going to repeat the second word and kill you, n words. >> now, is it reasonable to believe that someone saying they're going to cut your heart out on a street is something that you have to prepare to defend your life against? the jury will decide. victim or vigilante? now, the reason that this trial took a major turn today was in part because of rittenhouse's testimony. it's very unusual for a defendant to take the stand in their own defense let alone into homicide case, let alone in a double homicide case. but there was something else. the cross-examination of him by the prosecution and the cross-examine of the progressi

mr. zaminski, and there were, there were, there were people right there. >> was that compelling, that hemself believed that he faced bodily harm unless he used deadly force? >> absolutely. that meets the subjective prong. that's why the judge's honestly going to allow it, and i think under the circumstances that existed around him, which we can't ignore, objectively, i think it was reasonable. but that's why the first degree of intentional homicide that the government has asked which i believe, i believe the judge will allow second degree of intentional homicide because under the law, if the use of force is excessive, it's automatically downgraded to second degree intentional homicide, which goes from life in prison to 60 years. >> i know you know all of the players here, one more clip if i may, i want to ask about the lawyering, roll that tape. >> don't get brazen with me. you knew very well, 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. >> how big o

mr. zaminsky. and there were -- there were three people right there -- >> take a deep breath, kyle. >> -- >> reporter: the judge then stopped the case to allow kyle rittenhouse to gather his thoughts and then came back. when kyle rittenhouse returned, he was composed and he talked about and described why and how he ended up shooting the other two people that night, one of whom was killed, anthony huber. we also heard the prosecution go after him. first of all, trying to point out some inconsistencies, and also asking him why he was here after curfew that night, and why he had hold of a firearm, an ar-15 to be exact, that the prosecution says he knew he shouldn't have had. >> so you're telling us that the reason that you wanted dominic to buy you an ar-15 as opposed to a pistol, the only reason was because you you felt you couldn't lawfully possess a pistol? >> correct. >> you didn't pick out the ar-15 for any other reason? >> i thought it looked cool, but no. >> you didn't pick it out because you w

mr. zaminsky. and there were -- there were three people right there -- >> reporter: the judge called for a break. and when of rittenhouse returned, lessee motional, he described a chase with rosenbaum. >> there was no space for me to continue to run to. >> as you see him lunging at you, what did you do? >> i shoot him. >> reporter: then others testified he tried to get to the police. >> why did you try to get to the police? >> i didn't do anything wrong, i defended myself. >> reporter: soon he describes being confronted by an unidentified man. >> i fired two shots at him. >> why did you shoot at him? >> i thought if i were to be knocked out or -- he would have shot my face in if i didn't fire. >> reporter: he missed those shots, but the next one was deadly. as anthony huber hit rittenhouse with a skateboard. >> mr. huber runs up. he strikes me in the neck with his skateboard a second time. he grabs my gun and i can feel it pulling away from me. >> and what do you do then? >> i fire one shot. >> rep

mr. zaminsky. and there were -- there were three people right there. >> take a deep breath, kyle. >> that's what -- >> reporter: the judge calling for a break. rittenhouse's mother also sobbing from her seat. he returned to the courtroom without tears to continue his testimony. >> as you see him lunging at you, what do you do? >> i shoot him. >> and how many times did you shoot him? >> i believe four. if i would have let mr. rosenbaum take my firearm from me, he would have used it and killed me with it and probably killed more people if i would have let him get my gun. >> reporter: rittenhouse testifying about when he shot and killed anthony huber, who he says first hit him with a skateboard. >> he grabs my gun and i can feel it pulling away from me and i could feel the strap starting to come off my body. >> and what did you do then? >> i fired one shot. >> reporter: rittenhouse also discussed when he shot gauge grosskreutz, the only surviving victim. >> i lower my weapon and i see mr. grosskreutz

mr. zaminsky and there were -- [crying] there were three people right there -- >> if you need more time.ing] >> at one point rittenhouse claimed that the initial victim used threatening language that he did not want to repeat even though he was caught on camera flashing a white power hand gesture. >> he was screaming -- he said i'm going to cut your [ bleep ] hearts out and kill -- i'm not going to repeat the second word but kill you "n" words. >> during cross-examination judge shadr be rated the prosecutor questioning rittenhouse whether it was appropriate to use deadly force to protect property and the judge accused the lead prosecutor of improperly trying to introduce testimony and an hour later, the defense requested a mistrial with prejudice meaning no retrial saying the prosecution was attempting to provoke a mistrial. the judge took it under advicement after admonishing the prosecution once again. joining me is paul butler, form pros core tonight i felt like it was flash backs to george zimmerman. kyle rittenhouse saying this sort of really dramatic thing the person he shot suppos

mr. zaminsky. and there were -- there were three people right there. >> we've got a lot to talk about as we wait for the lunch break to end. joining me, nbc news correspondent gabe gutierrez who has been in kenosha, civil rights attorney and former prosecutor crystal given, and msnbc contributor danny cevallos. it's uncommon for a defendant to testify, this is a self-defense case. he broke down in tears after being fairly composed. what do you think the jury's take might be? >> first, oftentimes the defense rests without introducing any evidence. that being said, in this particular case, because it's self-defense, this is one of those cases where it might be a time to have your client called to the stand, because he may be the only one that can articulate what he feared at the moment that he fired those shots. so it's a really tough decision. and i guarantee you that the defense team really wasn't 100% sure until today, until the day they decided to call him. it's always a last-minute decision. but

mr. zaminsky and there were -- there was three people right there. >> reporter: the judge called for a break. and when rittenhouse returned, less emotional now, he described the end of what became a chase with rosenbaum following rittenhouse. >> there was no space for me to continue to run to. >> as you see him lunging at you, what do you do? >> i shoot him. >> reporter: then, others began chasing him as he testified he wanted to get to the police. >> why were you trying to get to the police? >> i didn't do anything wrong. i defended myself. >> reporter: soon, he describes being physically confronted by a still-unidentified man trying to kick him. >> as his boot is making contact with my face, i fired two shots at him. >> why did you shoot at him? >> i thought if he -- if -- if i would to be knocked out or he -- he would have socked my face in if i didn't fire. >> reporter: he missed those shots but the next one was deadly. as anthony huber hit rittenhouse with a skateboard. >> mr. huber runs up. he strikes me in the neck with his skateboard a second time. he grabs my gun, and i can feel it

mr. zaminsky. were-- people right there. >> yang: rittenhouse says he was at the protests to offer first aid. during cross-examination, the prosecutor pressed him why he was carrying a rifle to do that. >> i need the gun, if i need to protect myself, if somebody attacked me. >> why would you think somebody would do that? >> i don't know. >> but you clearly planned on it. you were prepared for it. you thought it was going to happen. >> no, i didn't. >> yang: the defense objected to some of the prosecutor's questions, saying he was trying to get the jury to hear evidence the judge had ruled inadmissible. with the jury out of the courtroom, the judge criticized the prosecutor. >> my good faith feeling this morning after watching that testimony was, he had left the door open a little bit. now, there's something new, and i was going to probe it. >> i don't believe you. there better not be another incident. i'll take the motion under advisement. >> yang: the judge said that he would rule later on the mot

mr. zaminsky. and there were

mr. zaminsky and -- there were people right there, and i started to run. >> full coverage of the kenoshaurder trial tonight on the news nasa is delaying its initiative to put astronauts back on the moon on 2025 at the earlier. congress didn't provide enough money to develop a landing system or capsule for its moon program. and prince harry sharply attacking social media companies for failing to challenge hate speech online. he reveals that he warned twitter ceo jack dorsey via e-mail before the january 6th capitol riots that the media site was being used to stage political unrest twitter has declined to comment on the prince's remarks. i'll send it back to you >> rahel, solomon. check rivian, of course, as we wait for the opening trade and the indication has been around 110 and now 106. so that's the lowest indicated price that we've seen in at least a couple of hours. of course, priced at 78, and much above that. we'll get you right above that phil lebeau will have you, pete najarian, got an allocation of it and we'll talk to him about that, too. let's talk about coinbase. the crypt on

mr. dominski -- zaminski and there were -- [h yperventilating] --there were people right there.ys he was at the protest to offer first-aid. during cross-examination, the prosecutor pressed him on why he was carrying a rifle to do that. prosecutor -- kyle: if i had to protect myself because somebody attacked me -- prosecutor: why would you think anybody do that? you thought it was going to happen. john: the defense objected to the prosecutor's questions, saying he was trying to get the jury to hear evidence the judge had ruled inadmissible. with the jury out of the courtroom, the judge criticized the prosecutor. prosecutor: my good faith feeling was if you have left the door open a little bit, we had something new and i was going to probe it. judge: there had better not be another incident and i will take the motion. john: the judge said we can rule later on the motion for a mistrial. thank you for joining us, cory. defendants do not have to take the stand and usually don't. what was it the defense seemed to be trying to do with his testimony? cory: i think it was a surprise he t

mr. zaminski, and there were -- [inaudible] there was people right there.o the police running down sheridan road. >> why were you i trying to get to the police? >> i didn't do anything wrong. i detended myself. cheryl: and it has been seen in video, we should add. i want to bring in former u.s. acting attorney general matt whitaker. matt, this trial of rittenhouse has become very polarizing in this country. your reaction to the testimony you've heard so far. >> well, this case, obviously, is trying to bring law and order to a very chaotic scene that happened in kenosha, wisconsin, cheryl. and, you know, i think usually defendants don't take the stand because it is so risky for them to do that. obviously, in this case he's taking stand and explaining what happened. you know, i think it is very much, like you said, a tall lisman as to how do you feel about whether it's individuals with gun rights or how you feel about kind of this, you know, protest that was going on. so i think, you know, this judge seems to be the trying to control it, but you have a prosec

mr. zaminski and there were -- [sobbing] there were people right there. that's when i run.mp. and you can't go wrong when every single fact lines up in your camp, right? so, he wanted to get on the stand. todd: meantime, everyone talking about in this morning, the lead prosecutor was reprimanded by the judge for raising admissible evidence. listen. >> don't get brazen with me. you know very well 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. todd: moving forward, the judge says he might consider a mistrial based upon the actions of the prosecutor. mistrial with prejudice that means rittenhouse could not be retried. that's the end of it. if it's without prejudice there is the possibility there could be a retrial. we have a lot more to go in this case. brian: civilian question for non-law student to you, what is prejudice? i mean, what do you mean by prejudice? todd: sure, great question. prejudice means the action by the prosecutor, that led the judge to declare

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mr. rosenbaum. this is where the pointing occurs and the direction of the zaminski. you can see josh zaminski is right there on the screen. i'm going to put the cursor where those two are. they are right in there. the defendant is pointing his gun right here and he's pointing it right in the direction of the zaminskis because they are standing next to that car. and then the chase occurs. now, what's interesting to me. watch when the crowd starts to rough. the crowd is already starting to win here even before the defendant has fired a shot. that's likely because they heard the first shot from joshua ziminski a the crowd starts to run away. the defendant testified that that shot from mr. ziminiski had nothing to do with his decision to kill joseph rosenbaum. i'll come back to that in a second. timely i'm going to show you this incident from the perspective of drew hernandez because he's behind all of this, and then he comes upon mr. rosenbaum' s >> you're not hearing audio on that. is brian around? he is not. >> can you text brian, please. at this point the defendant h