extent coverages in both cases, mar ma martin savidge and omar jimenez. defense attorneys not disputing rittenhouse fired the fatal shot but argued he did so in se self-defense. key witnesses on the stance today. some of the videos shown is graphic here is omar jimenez. >> reporter: a third day of testimonies in the trial of rittenhouse focused on how the shooting began starting with the killing of one of two killed by rittenhouse that night. >> i do. >> reporter: the video director from the website was the fifth witness called by prosecutors by the trial who emphasized rosenbaum was unarmed. >> never saw a gun on him? >> no, i did not. >> never saw him have a club or bat or chain or anything like that? >> reporter: prosecutor took jurors to the moment of the sh shooting. >> i realized that mr. rosenbaum and mr. rittenhouse was standing still based on the way he was running and eventually lunging towards the front portion of the rifle. >> reporter: mcginnis was on the scene that night. he was forced to ender emergency aid. >> i was under his right shoulde

cnn's omar jimenez is covering the kyle rittenhouse case but we'll begin with breaking news. our national correspondent ryan young is in brunswick, georgia. major, new developments tonight. update our viewers. >> reporter: absolutely, wolf. major news in this case. travis mcmichael the man at the center of the case was on stand again the prosecution going piece by piece through his testimony sort of ripping parts of it apart. one thing they got him to say is he never said this was a citizens arrest. then the defense rested its case. >> i just killed a man. i had blood on me still. i was the most traumatic event of my life. i was scared to death. >> reporter: dramatic testimony today in the trial in the 2020 killing of ahmaud arbery as defendant travis mcmichael was back on the stand facing additional cross examination. mcmichael is one of three defendants in the case including his father gregory and william bryant. yesterday the younger mcmichael testified he acted in self-defense when he shot arbery in february, 2020, after a chase and confrontation in a coastal geo georgia

omar jimenez with the latest on the investigation. >> there are not words to describe the risk that thised of killing six and injuring over 60 others, 39-year-old darryl brooks makes his initial-court appearance. >> i have not seen anything like this in my very long career. >> reporter: he was charged with five counts of first-degree intentional homicide. but prosecutors say a sixth is coming. >> i wish to notify the court, sadly, that today we learned of another death of a child. >> reporter: and there is new video of the moments -- >> hands where i can see 'em! >> reporter: -- police found and arrested the 39-year-old brooks sunday night on the front porch of daniel ryder, who had no idea what had just happened at the waukesha christmas parade about a mile away. >> he at one point asked me what was going on downtown. i was like there was a parade today and he is like oh, that must have been what that was. >> reporter: the man he now knows as brooks then asked to use his phone and call an uber. >> hey. can i call -- i called an uber and i am supposed to be waiting for it over here but i

omar jimenez is joining us. >> reporter: one of the videos jurors prowatched prompted a mistrial.t happens. >> reporter: the main dispute stems from a drone video that shows what happened back then. kenosha police detective obtained this video and air dropped it to the prosecution and separately e-mailed it to the prosecution and the defense and the reason that was an issue because the e-mail compressed the video meaning some of the quality was lost there and the defense said today that is not fair especially because they did not find out about this lost and quality until after testimony in this trial ended but before closing arguments. they argued we would have done it differently as we have as clear a view of the evidence as you all did. the prosecution -- what was played in court that the defense and the jurors got a chance to see clearly is what really matters in this case. the exhibits are what matters verses the video that was e-mailed. take a listen. >> this exhibit was played. the jury asked to see exhibits they have seen and after the defense saw what they were playing in

cnn's omar jimenez joins us now live from minneapolis. he beginning, going back to those difficult moments after george floyd's murder. tell us what this means for the future of policing in that city. >> reporter: yeah, i mean, look, i'll tell you one thing, this isn't going to be the end of attempts to try and reform the minneapolis police department. people on both sides of this debate, the yes and no of the ballot question, all believes that whatever was happening right now wasn't working the best -- or as well as it should be. so, again, just because this ballot measure failed, i have a feeling we're going to see further pushes in the future. and to remind as you mentioned this was a ballot measure that would have replaced the police department with a wider encompassing public safety department. it was never going to get rid of police officers in a single vote. one thing i heard consistently from those who plan to vote no in recent days, they didn't believe the ballot language was specific enough about what this public safety departmen

we want to start with omar jimenez in kenosha with the latest on the rittenhouse trial. >> in the sequence of event from the shooting of jacob blake all the way after that, everything this community went through, the only person who shot and killed anyone was the defendant. >> reporter: after two weeks, the prosecution and the defense of kyle rittenhouse had one last chance to leave an impression on the jury. >> you cannot claim self-defense against a danger you create. >> reporter: at one point the prosecution even demonstrates a moment where they say rittenhouse pointed his weapon prior to the fateful chase that ended in the killing of joseph rosenbaum. pointing out in the aftermath people believed rittenhouse could have been an active shooter and that the crowd had a right to defend itself that night. >> how are we supposed to know where he is going next? and i got to stop here for a moment and highlight the hypocrisy of the defense because according to the defense, if someone has a gun, they are a threat. if someone points a gun, they are a threat. there is only one exception to that.

omar jimenez is covering the trial. what did today's witness tell the jury? >> yeah, jake. survivor of those shot and killed by kyle rittenhouse in august of 2020. today's testimony focused on the moments leading up to that shooting. the loaded gun on him at the time which he testified was routine, and the positioning of the gun at the time of the shooting. now the way he described that night's beginning, he heard the gunshots that killed joseph rosenbaum down the street. he sees rittenhouse. believed he was an active shooter. he was among those that chased in rittenhouse's direction. some began to attack rittenhouse. and he was now standing feet away and testified he put his hands up and -- as kyle rittenhouse reracked his weapon and as he believed he was going to be shot and surrunder would not be accepted. the defense stayed in that moment during cross-examination and pushed further past when his hands were up. take a listen. >> 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 point

cnn's omar jimenez reports. >> reporter: in the first electoral test since the murder of george floydinneapolis, voters rejected replacing the police department with a wider encompassing public safety department. now, to be clear, this was never going to get rid of police officers with a single vote, but one thing i heard consistently from those who plan to vote no in the days leading up to election die, they didn't believe the ballot language was specific enough and what this public safety department would become and what it would do. now, supporters of voting yes to this ballot language said this is going to help incorporate mental health support, things like violence prevention services, just to incorporate them into the public safety mix, which would, in turn, help reform policing efforts. well, in the end that ballot language failed. and one thing i heard from both sides of the argument is that there is agreement in that whatever was happening now needed to be improved. so the pressure goes back to the mayor who has oversight over the police department. the mayor and the police d

cnn national correspondent omar jimenez was in the courtroom. what have you seen? six jurors that have been selected as part of this process. out of at little more than 30 that have been questioned by the judge so far, they have been asked things like whether they've actually seen the show "empire" which of course is the show that jussie smollett used to be a part of, even asked whether they have been part of any civil rights organizations. so these are things that are ongoing right now, but of course jussie smollett is facing those six counts of disorderly conduct stemming from allegedly making false police reports and of course when you look at the incident, this goes back to january 2019 where jussie smollett told police he was the victim of a racist and homophobic attack as a black and gay man. he said two men physically assaulted him, that an unknown substance was poured on him, a chemical substance was poured on him and that a noose was put around his neck. he was initially charged earlier last year not long after this happened. those charges were dropped. a

cnn's omar jimenez has the details from waukesha. >> reporter: a shocked community learning the namesthe neighbors they lost. >> virginia sorensen, 79-year-old female. leanna olns, 71-year-old female. tamara durant, 52-year-old female. james coolidge, 52-year-old female. wh wilhelm, male. >> people down in the street, 40 casualties down main street. >> reporter: along with the dead, 48 people were injured. some as young as 3 years old. 18 children, including three sets of siblings are being treated at children's wisconsin in milwaukee. >> two of the 48 are children in critical condition. >> abrasions to broken bones to head injuries. >> reporter: police identify the suspect as 39-year-old darrell brooks. >> the suspect prior to the incident was involved in a domestic disturbance. >> reporter: brooks was release on $1,000 bail in connection to charges including domestic abuse. he allegedly ran over a woman with his car, and the incident came after another 2020 case where he was charged with two counts of reckless endangering safety. he allegedly fired a gun during an argument. cnn reac

omar jimenez, cnn, kenosha, wisconsin. >> so legal experts have been weighing in on kyle rittenhouse's claim of self-defense in last summer's deadly shooting. here's how two noted attorneys view his testimony. listen to this. >> the defense is going to claim that he was not the initial aggressor. in fact, he was carrying the ar-15 as a self-defense measure and he only started to use it after he was attacked and his assailants threaten to kill him. one had a gun. the prosecutor brought out he heard shots being fired at the scene as well. so there's a lot of provocation on the other side, so there's no way that the self-defense claim is going to be taken away from him. it will be up to the jury to decide. but i think he made as compelling a self-defense claim as i've seen in a courtroom. and i've tried quite a few murder cases. >> when you look at whether or not it was a life or death matter, i think you have to consider the fact you have a young white boy openly carrying and possessing an ar-15 loaded at a black lives matter protest, not his life, not his liberty, but defending someone

>> yes. >> reporter: omar jimenez, kenosha, wisconsin. >> you're watching "cnn newsroom." ahead, a deal on election, goals from cop-26 climate summit when the world hopes to produce all zero emission n cars and va. stay with us. one role of a lifetime...one sore throat. but she had enough. she took new mucinex instasoothe sore throat lozenges. show your sore throat o's boss. she new mucinex instasoothe.the sore throat lozenges. works in seconds, lasts for hours. have you ever sat here and wondered: "couldn't i do this from home?" with letsgetchecked, you can. it's virtual care with home health testing and more. all from the comfort of... here. letsgetchecked. care can be this good. this is elodia. she's a recording artist. 1 of 10 million people that comcast has connected to affordable internet in the last 10 years. and this is emmanuel, a future recording artist, and one of the millions of students we're connecting throughout the next 10. through projectup, comcast is committing $1 billion so millions more students, past... and present, can continue to get the tools they

>> yes. >> reporter: omar jimenez, cnn, kenosha, wisconsin. >> omar, thank you so much.i want to bring in paul beucher, the former district attorney for waukesha county, wisconsin. thank you for joining. >> thanks for having me on. >> so the prosecution resting its case today. it's definitely not a home run for them, but do you think they presented a strong enough case for a guilty verdict? >> no, i do not, and i was shocked that they rested. i was sort of waiting for what many people call the perry mason moment. i knew it wasn't coming, but many of the witnesses they put on, i believe, either were unnecessary, they overcharged the case, or didn't support their case and supported the defense case. and now the defense is just pounding away at the self-defense. so the jury is going to have to determine whether or not mr. rittenhouse's belief was subjectively -- and i think it was -- and objectively reasonable, and then the amount of force. that's going to be a big issue on the first degree intentional homicide that is charged in the complaint. mr. rosenbaum is reckless hom

cnn's omar jimenez tonight reports on a day of highly charged testimony. >> re >> you can be seated. testimony in the trial of kyle rittenhouse focused on how the shooting began the night of august 25th, 2020, starting with the killing of joseph rosenbaum, one of two killed by rittenhouse that night. >> i do. >> reporter: richie mcguiness was called by prosecutors in the trial and emphasized that rosenbaum was unarmed. >> did you ever see a weapon on mr. rosenbaum? >> i did not. >> didn't see him have a knife? >> no. >> a club or a bat or a chain or nothing like that? >> i just saw the bag that was thrown, that was it. >> reporter: prosecutors took jurors to the moment of the shooting. >> i noticed that he was continuing to advance and that mr. rittenhouse was standing still, based on mr. rosenbaum's, the way that he was running and then eventually lunging towards the front portion of the rifle, it was clear to me that something with the weapon was about to happen and i didn't want to be on the wrong side of that. >> reporter: rosenbaum was. mcguiness was on the scene that night docu

omar jimenez, cnn, kenosha, wisconsin. >> testimony also resumed monday in the trial of three white men charged with murdering ahmaud arbery, a black jogger, last year. the men are accused of chasing arbery down while he was jogging through the neighborhood then cornering him and fatally shooting him. on monday, the first officer to arrive at the shooting took the stand. take a listen. >> did he say specifically that he blocked ahmaud during this chase? >> yes, ma'am. >> okay. did he say specifically that he cornered ahmaud during this chase? >> yes, ma'am. >> how many times did mr. brian say that he either blocked ahmaud or cornered him during this chase? >> after going back and reviewing the transcribed body camera, it appeared to be approximately five times. >> the trial is set to resume later today, and we are expecting to hear more testimony from some of the officers who responded to the scene. >>> in st. louis, missouri, authorities have arrested a suspected serial killer. the fbi believes 25-year-old perez reed is responsible for killing six people and injuring two others across

we're going to start, though, with the rittenhouse trial and cnn's omar jimenez. >> this is not a political trial. >> reporter: but politics and questions of bias emerge from the backdrop of this trial from the defense tenth witness drew hernandez on the streets of kenosha on the night of the shooting. >> have you ever posted anything on social media in support of kyle rittenhouse? >> one could argue, yes. >> reporter: it was a recurring theme brought about by the prosecution. >> your videos you've captured of these incidents you call riots, they're very slanted against the people who are rioting. you characterize them as antifa, black lives matter rioters, correct? >> because they're rioting in the footage, yes. >> reporter: hernandez was called by the defense largely to draw contrast between joseph rosenbaum, the first killed by rittenhouse in august 2020 in the aftermath of protests in kenosha. >> rosenbaum was charging kyle rittenhouse from that. >> did you hear that realtime? >> hear it and saw it in realtime. >> reporter: compared with kyle rittenhouse. >> did you observe him acting i

cnn's omar jimenez is covering the trial for us in kenosha.troom to these photographs? >> yeah, jake, first off, kyle rittenhouse was averting his eyes at points. appeared to be visibly shaken as the incredibly graphic images were shown, as did many of the jurors averting their eyes at points. this was part of the prosecution's final witness testimony. and it really focused on the killing of rosenbaum, the first two of killed by rittenhouse back in august of 2020. and rosenbaum was shot four times. once in the left thigh. once in the hand, once in a bullet wound that grazed his head and another time in the back. the witness believed those final two shots came from the one in the back and the one that grazed his head and they really focused on when rittenhouse fired and from what position. take a listen. >> is it your opinion to a reasonable degree of medical certainty that the back to front shots to the head and then the kill shot to the back would have been while he was falling or perpendicular to the ground? >> the only way that the trajecto

cnn's omar jimenez reports. >> reporter: it's been a long road just to get to this moment, jury selection the victim of a racist and homophobic attack as a black and gay man. this goes back to dwooint when smollett told police he was physically attacked in downtown chicago by two men who used those racial and homophobic slurs, that an unknown chemical substance was poured on him, and that they put a noose around his neck. chicago police investigated and said smollett made it all up, orchestrated it with two brothers in the name of publicity. not long after he was charged with 16 counts of disorderly conduct. several weeks later, though, those counts were suddenly dropped when the state's attorney's office cited a $10,000 bond he'd already paid, community service he had done, and argued that's likely where the case was headed anyway. months after that, a special prosecutor was appointed, and that is where this six-count indictment came from, the six counts of making false police reports. that's of course where we are now. he's maintained his innocence throughout, pleading not guilty to the

>> omar jimenez, appreciate it. thank you. joining us now harvard law school senior lecturer and former federal judge nancy gertner. also cnn legal analyst, paul cowan, experienced former defense attorney and former prosecutor. paul, what was your biggest takeaway today? >> well, the trial slowed down quite a bit i have to say. we had a very exciting group of witnesses including of course rittenhouse himself earlier in the case. not much happened today. you had a use of force expert who really in the end just established that pretty much all the bad stuff happening in a minute and 30 seconds. so it all happened fast. that's about all we took away from that. then there were a couple additional films that were shown. so we really didn't see much added to the case today. >> judge gertner, last night on the program you said you were troubled by the judge's behavior. he admonished the prosecution again today. i'm wondering what your reaction to him doing this two days in a row is. >> i think the thing i was concerned about which wa

let's start in waukesha, wisconsin, where cnn's omar jimenez reports on new concerning details about the suspected driver's decades-long criminal history. >> reporter: these are the moments -- >> whoa, whoa, whoa. >> reporter: police found and arrested 39-year-old darrell brooks on the front porch of 24-year-old daniel ryder who had no idea what had just happened at the waukesha christmas parade about a mile away. >> he at one point asked me what was going on downtown. i said oh, there's a parade today. oh, that must have been what that was. >> reporter: the man he knows was brooks then cordially asked to use his phone and call an uber. >> hey, can i call some -- i called an uber and i'm supposed to be waiting for it over here but i don't know when it's coming. can you call it for me? i'm homeless. >> reporter: not long after, ryder saw police going up and down the street and felt it had to do with brooks. so he told him to leave. moments later -- >> my i.d. >> i'm looking for his i.d. moments later, the police see him and get him in cuffs. i had no idea. the uber showed up maybe a m

omar jimenez reports. >> there are not words to describe the risk that this defendant presents to our community. >> reporter: after being accused of killing six and injuring over 60 others, 39-year-old darrell brooks makes his initial court appearance. >> i have not seen anything like this in my very long career. >> reporter: he was charged with five counts of first degree intentional homicide. but prosecutors say a sixth is coming. >> i wish to notify the court sadly that today we learned of another death of a child. >> reporter: and there is new video of the moments -- >> whoa, whoa, whoa! >> reporter: police found and arrested the 39-year-old brooks sunday night on the front porch of 24-year-old daniel ryder who had no idea what happened at the waukesha christmas parade about a mile away. >> he at one point asked me what was going on downtown. i was like, there was a parade today. he's like, oh, that must have been what that was. >> reporter: the man he knows is brooks asked to use his phone and call uber. >> i called an uber and i'm supposed to be waiting. i don't know when it's c

omar jimenez is in waukesha with the details, including what we now know about a suspect in custody. of the neighbors they lost. >> virginia sorenson, 79-year-old female. leanna ones, 71-year-old female. tamara durand, 52-year-old female. james, 52-year-old female. wilhelm haspel, 81-year-old male. >>> ranging in age from 52 to 81 years old. >> people down in the street! casualties on main street. >> reporter: along with the dead, 48 people were injured. some as young as 3 years old. 18 children, including three sets of siblings, are being treated at children's wisconsin, a hospital in milwaukee. >> two of the 48 are children and they are in critical condition. >> injuries ranged from facial abrasions to broken bones to serious head injuries. >> reporter: police identified the suspect as 39-year-old darryl brooks. >> the suspect, prior to the incident, was involved in a domestic disturbance. >> reporter: brooks was released on $1,000 bail earlier this month in connection to charges including domestic abuse. he allegedly ran over a woman with his car, and the incident came after anoth

cnn's omar jimenez has been following the trial and has more now from kenosha. >> in this entire sequencef events from the shooting of jacob blake on sunday, august 23rd, 2020, all the way after that, everything this community went through, the only person who shot and killed anyone was the defendant. >> reporter: after about two weeks, the prosecution and the defense of kyle rittenhouse had one last chance to leave an impression on the jury. >> you cannot claim self-defense against a danger you create. >> reporter: at one point during closing arguments, the prosecution even demonstrates the moment where they say rittenhouse pointed his weapon prior to the fateful chase that ended in the killing of joseph rosenbaum, even pointing out that in the aftermath, people believed rittenhouse could have been an active shooter and that the crowd had a right to defend itself that night. >> how are we supposed to know where he's going next? and i got to stop here for a moment and highlight the hypocrisy of the defense because according to the defense, if someone has a gun, they're a threat. if someon

cnn's omar jimenez is live outside the courthouse in kenosha, wisconsin. kyle rittenhouse has been on the stand for most of the day. what are your biggest takeaways so far? >> jake, well, as soon as he took the stand we knew this was going to be -- this was the most anticipated moment of the trial so far, and i think it's lived up to that so far. we've seen questioning that has taken the entire day, basically, at this point. at points rittenhouse actually had to exit the stand because he got so emotional describing what led up to the -- what led up to the sequence that went to the moments of the killing of joseph rosenbaum. he was the first two of people killed back in august 2020 here. and he began to describe the fact that he was being surrounded and actually could not continue because of how hysterical he was getting with his emotions. they came back and the questioning continued. as the defense tried to paint a picture as they alluded to that this was nothing more than self-defense because everything he did, he had to do it. then we got a little bit of

cnn's omar jimenez is live outside the courthouse.xactly what the jury could see and how turning into quite the debate today. >> it really did, pamela. for starters, the jury will get to video some videos on a clean computer in the jury room. the main dispute came over drone video from that night in august of 2020. basically what happened, according to the prosecution, is a kenosha police detective obtained this video, then air dropped it to the prosecution. the prosecution then emailed it to themselves under one file name. then separately asked the police detective to email that video to the prosecution. but it was an email so it compressed the video. and that was the video that was sent to the defense. the compression, obviously, matters because you lose some of the quality of the video. the defense said that's not fair that they should have gotten the higher quality version of this video and they took it a step further and said that because of this, they are now going to file another motion for a mistrial. this time without prejudi

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omar jimenez joins us from kenosha, wisconsin. what is this latest one?so that first motion for a mistrial is tied to what the defense is calling prosecutorial overreach and that mistrial would be without -- with prejudice, meaning it can't be tried again. this one is tied more specifically to the argument from the defense that they had access to a lower quality of evidence than the prosecution did. specifically, around drone video that shows the moments leading up to the shooting and kills of joseph rosenbaum -- the first person killed that night. basically, what happened is a kenosha police detective got a copy of this video and air cro dropped it to the prosecution. then, separately, e-mailed this video to the prosecution. but it compressed the file, meaning there was a loss in quality. and that was the version that was sent to the defense. and the defense is arguing that's not fair. especially, because they didn't find out about it until after the evidence had closed in this case. and when they said they are going to file for a mistrial, they said it'

for more on all of it, i want to go straight to cnn omar jimenez in kenosha, wisconsin. so what are the takeaways now? >> for starters, both the prosecution and defense spoke for more than two hours, each, at points jurors were riveted. at other points, they had to turn away because of the graphic images they were being shown. bottom line, this was the last chance for either side to sway these jurors with their arguments. the prosecution painted rittenhouse as an active shooter that night who did not have to kill but did. while the defense painted him as anything but. doing what he needed to do to survive. >> in this entire sequence of events, from the shooting of jacob blake on sunday, august 23rd, 2020, all the way after that, everything this community went through, the only person who shot and killed anyone was the defendant. >> reporter: after about two weeks, the prosecution and the defense of kyle rittenhouse had one last chance to leave an impression on the jury. >> you cannot claim self-defense against a danger you create. >> reporter: at one point during closing

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we'll start now with the rittenhouse trial and cnn's omar jimenez. >> this is not a political trial. of bias emerged from the back drop of the trial, from the defense's tenth witness drew hernandez. the self-described commentator

omar jimenez is live in kenosha this morning. his litmus test in place for selecting jurors here. >> reporter: perception is going to be everything here. it's why, when the judge ruled that the word victims could not be used but the words drivers and looters could be used is so crucial prosecutors argue on this front. he has been consistent on that. every pretile he's not allowed the word "victim" to be used, but prosecutors argue now is the most crucial time. the jury selection process will begin in a few minutes at the top of the hour. up to 150 prospeck tich jurors are expected to be called over the course of this process to whittle down to 12-plus alternates. as a reminder, the charges rittenhouse is facing, five felonies and a misdemeanor. among the felonies, first-degree intentional homicide, first-degree reckless homicide and that misdemeanor possession of a dangerous weapon under the age of 18. >> we'll be looking to you for more updates as they come in. appreciate it. >>> still ahead, president biden expected to address w

cnn's omar jimenez was in court when suspect darrell brooks made his first appearance. w this morning for us from waukesha. >> reporter: good morning, christine. good morning, paula. the waukesha county court set bail at $5 million. which the court commissioner said was an extraordinarily high amount, but also said in this case it was warranted after prosecutors went through a lengthy criminal history that spanned from nevada to georgia and here in wisconsin. this comes, of course, as we learn of a sixth death from the christmas parade. this time of a child, 8-year-old boy. while more than 60 are still recovering, either physically or emotionally. some are improving as we learned. a firefighter's son marching with his band during the parade is out of the i.c.u., but still with pay long road of recovery after having undergone surgery to repair a broken femur while currently being monitored for other complications. it's the reality for the over 60, as i mentioned, who still have a long way to go. meanwhile, darrell brooks, the 39-year-old suspect, made his initial court ap

omar jimenez is on the scene for us. >> a shocked community learning the names of the members they lostnsen, 79-year-old female. leana -- 71-year-old female. 52-year-old female. james, 52-year-old female. wilhelm, 81-year-old male. >> the victims, five in all, ranging in age from 52 to 81 years old. run down during the parade sunday night. >> we have multiple casualties. >> casualties town main street! >> along with the dead, 48 people were injured. some as young as 3 years old. 18 children including three sets of siblings are being treated at children's wisconsin, a hospital in milwaukee. >> two of the 48 are children and they're in critical condition. >> injuries range from facial abrasions to broken bones to serious head injuries. >> videos of the incident show a red suv blowing through barricades, speeding down the parade route, just missing a little girl dancing in the street as it approaches a marching band and then plows right through it. >> a red escape -- >> police identified the suspect as 39-year-old darrell brooks. >> the suspect prior to the incident was involved in a domes

omar jimenez is there for us tonight. >> there are not words to describe the risk he presents to our0 others, the 39-year-old makes his initial court appearance. >> i have not seen anything like this in my very long career. >> he was charged with five counts of homicide. prosecutors say a sixth is coming. >>. >> today we learned of another death of a child. sglrl. >> reporter: after driving a vehicle through barricades in wisconsin, these are the moments that police found and arrested the 39-year-old daryl brooks on the front porch who had no idea what had just happened at the christmas parade about a mile away. >> he asked me what was going on downtown. >> the man was brooks and then asked to use his phone and call an uber. >> i called an uber. i'm supposed to be waiting for it. can can you call it? i'm homeless. >> reporter: not long after, he saw police going up and down the street and felt it had to do with brooks so he told him to leave. moments later. >> i'm looking for his i.d. the police see him and get him in cuffs. the uber showed up a minute after he was in cuffs. so i jus

omar jimenez has the story. >> this is not a political trial. >> but politics and bias i merged fromrop of this trial and the defense's tenth witness, the self-described commentator on the streets of kenosha the night of the shooting. >> have you ever posted anything on social media -- >> yes. >> in support of kyle rittenhouse? >> one could argue yes. >> it was a recurring theme. >> your videos that you have captured of these incidents that you call riots, they're very slanted against the people who are rioting. you characterize them as antifa black lives matter. >> because they are rioting -- >> hernandez was called to call a contrast between joseph rosenbaum, who was first killed by rittenhouse. >> rosenbaum was charging kyle rittenhouse from behind. >> you hear that real time? >> hear it and saw it in real time. >> compared with kyle rittenhouse. >> did you observe him acting in an aggressive manner to anyone? >> in no way, shape, or form. the first time i saw kyle, he deescalated a situation. >> it led the judge to admonish the prosecution for the second consecutive day. >> i'm a

that's sort of what they are using to whittle down, again, to that magic number of 20 shepard omar jimenezal analyst and former federal prosecutor. jennifer, always great to see you. let's start with what's happening right now and what we've just heard from omar. jury selection, the judge denied requests from a jury list. what do you make that have? >> i find it very troubling. this is a political case. kyle rittenhouse has been adopted by the right wing, i think he's a hero and the left wing think he's a vigilante and this has become very political charged so the fact that the judge would not use a questionnaire is really problematic and what the judge needs to be done with the jury and i don't think it can be done accurately in two days is to weed out people who have political views about this and who cannot be fair and impartial so the notion that the judge wants to rip through this and to not use questionnaires is really troubling for that reason shepard given how politicized this has become, how do you expect prosecutors and the defense to approach this claim of self-defense and the n

cnn's omar jimenez is in kenosha. >> reporter: good morning.into a 7th day of testimony in this trial, and the second day for the defense. in total, the prosecution called 22 witnesses, and a large focus at the end of its case really centered on the moments around the killing of joseph rosenbaum. he was the first of two people shot and killed by kyle rittenhouse back in august of 2020. rosenbaum was shot four times, once in the left thigh, once in the hand. he suffered a graze wound to his head, and was shot in the back. the lethal shot. the prosecution focused on when rittenhouse fired his weapon and from what position. take a -- >> is it your opinion to a reasonable degree of medical certainty that the back to front shots to the head and then the kill shot to the back would have been while he was falling or perpendicular to the ground? >> the only way that the trajectories of the gunshot wounds to the right side of the head and the back make sense is if he's more horizontal to the ground, and that is occurring at the time that the last two gu

cnn's omar jimenez is in ken sew sha. he has been covering this from day one. ramatic arguments from both sides today. >> that's right, wolf. really, on the prosecution's side, they try today paint a few arguments in this. most recently, during the rebuttal that many of us have been listening to. you heard the prosecution say this case isn't about kyle riten sh house defending himself. it's not even saying that joseph rosenbaum shouldn't have been chasing him. what this comes down to is did kyle rittenhouse have the right to use deadly force against those that were coming up against him? and the prosecution argued that there was no imminent threat of death and they argued the defense made assumptions that kyle rittenhouse would have been -- would have had great bodily harm or even further. the defense said that kyle rittenhouse never would have shot anyone, if he were not attacked. and even went as far as to say that he never shot anyone, until he was actually cornered by some of the people that were chasing him. you heard the jury break for the day and saying t

cnn's omar jimenez is working this story for us. >> reporter: surrounded by cameras, actor jesse smollettthing more than to just get back to work and move on with my life. >> reporter: whether he can will, soon, be in the hands of the newly-chosen jury. sel selected in a little over six hours before moving right into opening statements. smollett had been best known for his scenes in the fox-tv show "empire." but in january 2019 -- >> any weapons or anything inside the apartment? >> reporter: it was his alleged role in a reported hate crime that drew the spotlight. the gay black actor appeared on police body camera saying two attackers put a noose around his neck, even doused him with bleach in chicago. >> put bleach on me. >> okay. >> reporter: he told abc news he had been called homophobic and racial slurs. >> he said this maga country [ bleep ] punches me right in the face. so i punched his ass back. >> reporter: but investigators say smollett paid the men to help carry out an elaborate publicity stunt. >> it's mr. smollett who committed this -- this -- this hoax, period. >> reporter: s

omar jimenez, cnn, waukesha, wisconsin. >> our thanks to omar for that report.ioned, he was released just days before the parade by posting $1,000 cash bail, which the d.a. says was inappropriately low. an issue that has had bipartisan support, bail reform. >> this is someone who belongs in prison. after all this talk, the latest of which you just mentioned, with radicals from new york and elsewhere calling for the end of prison, end of cash bail, this is outrageous. people like this need to be protected from the public. it's an absolute breakdown. >> the end of prison, end of bail are two completely different issues. joining me now is elie honig, former federal and state prosecutor who was heavily involved in the overhaul of the bail system in new jersey. first, elie, people look at this and say this guy paid 1,000 bucks to get out for what appeared to be violent expenses. >> this is a broken cash bail system in wisconsin, and many other states, with prosecutorial malpractice. in wisconsin, every defendant is entitled to cash bail. even now. darryl brooks, now

omar jimenez is outfront at the courthouse. l me what you know about this juror's request. >> reporter: yeah, erin. it's a lot of instructions, one. but this juror that made this request as the day was wrapping and the judge asked if any of these jurors had any questions. of course she raised her hand. usually the instructions, the 36 page ones that serve -- are meant to serve as a guide for these jurors through some of these major concepts and some of the charges as well, the defense had an issue with the potential of these instructions going home. take a listen. >> i'm afraid it's going to be the old dictionary game and they start defining words and things like that, the outside research. that's my concern. >> well, actually, no, they could do that at home without having the paperwork. instead they have the wonderful, concise, jury instructions that i have to say, i don't know about you guys, but i watch a little tv in the morning and in the evening. and some of the greatest legal minds in the country i'm delighted to say agre

omar jimenez is sout front live in kenosha. and omar, you were in the courthouse today when kyle rit upon house took the stand in his own chiel. something, you know, was not fully expected and many defense attorneys said they would not have tried to do but this defense team did it. what was it like? >> yeah, erin, this was the most dramatic day of testimony we have seen yet by a long shot. not only did kyle rittenhouse take the stand in his own defense but he broke down on the stand, as did his mother as she watched from the seating. and as both the defense and prosecution kept rittenhouse in the most significant aspect of this trial. in and around the moments he pulled the trigger. >> reporter: the most anticipated moment in the trial. kyle rittenhouse taking the stand in his own defense. >> did you come to downtown kenosha to look for trouble? >> no. >> reporter: he took the jury back to 2020 when he said he and others volunteered to guard a car dealership in downtown kenosha from property damage during protests following the