Prosecutor Thomas Binger attempted to discredit independent journalist Drew Hernandez Thursday by portraying his coverage of the riots as “very slanted,” but his effort backfired.
Hernandez captured key video footage in Kenosha on August 25, 2020, the night of the shootings.
“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, BLM rioters.’ Correct?” Binger asked Hernandez, who works for Real America’s Voice.
The videographer replied matter-of factly, “because they are rioting in the footage, yes absolutely.”
Prosecutor: "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, BLM rioters.' Correct?"@DrewHLive: "Because they are rioting in the footage, yes absolutely." pic.twitter.com/XjRuJCaLFt
— The Columbia Bugle 🇺🇸 (@ColumbiaBugle) November 11, 2021
Hernandez had described to defense attorney Corey Chirafisi earlier how Rittenhouse had tried to de-escalate a tense situation between Black Lives Matter rioters, and members of his group.
He said he observed rioters throwing rocks and launching fireworks at police on the night of Aug. 25, 2020.
“When the rioters were being dispersed further down Sheridan towards the Car Source dealership, down the street, the rioters were grabbing concrete slabs there, throwing them on the floor to create more rocks and to throw them at police officers, they were launching fireworks and other explosives,” Hernandez said.
Later on that night, he said the rioters initiated a conflict with the individuals who had long-arm rifles up on a rooftop.
“The rioters identified individuals with long-arm rifles on top of the building, and they immediately attempted to agitate them to try and start some conflict with them, saying, ‘You ain’t the police, you ain’t the police,” Hernandez explained. He noted that at this point, the focus of rioters’ hostility— especially Joseph Rosenbaum’s—had suddenly pivoted from the police to the individuals on the roof.
“At that point, Kyle Rittenhouse came out of Car Source 2, and he attempted to de-escalate the situation,” he said.
Hernandez stressed that Rittenhouse had “clearly” attempted to de-escalate the situation, and was actually successful “because the rioters then disperse[d].”
Chirafisi asked: “Did you see Mr. Rosenbaum do anything that kind of drew your attention?”
“Absolutely,” Hernandez replied. “He led the charge into the gas station. He was getting physically aggressive. He appeared to be attempting to start a physical altercation with people in the gas station to the point where he was telling one of the individuals with a rifle, ‘Shoot me, n-word, shoot me’ … clearly attempting to start a physical altercation.”
Hernandez testified that he saw in Rosenbaum “charging Kyle Rittenhouse from behind.”
Hernandez testifies that he saw Rosenbaum “charging Kyle Rittenhouse from behind.”
“Rosenbaum is lunging towards him, very clearly, and Kyle fires.” pic.twitter.com/HhSiwHLKX0
— Washington Free Beacon (@FreeBeacon) November 11, 2021
During cross-examination, Binger began by asking Hernandez about his job and his work experience.
Binger explained to the court that he was trying to highlight potential bias in the witness,’ but was stopped by Judge Schroeder who reminded the attorney that he did not want the case to become political.
If anyone had any lingering doubts, Binger just confirmed that the Rittenhouse trial is indeed a political trial… @RekietaMedia @UncivilLaw @legalbytesmedia @TheLegalMindset @NiermanJoe @IanRunkle @plellison pic.twitter.com/6e2xfYv88u
— Viva Frei (@thevivafrei) November 11, 2021
Binger said he would move on, and began asking about his video footage, and why he had retained an attorney.
Schroeder scolded the prosecutor for his line of questioning over Hernandez’s use of the attorney.
“What is the relevance of this?” the judge demanded.
Prosecution Scolded Again By The Judge In Rittenhouse Case
“WHAT IS THE RELEVANCE OF THIS?!” pic.twitter.com/WveEVOqSt9
— The Columbia Bugle 🇺🇸 (@ColumbiaBugle) November 11, 2021
“I would like to know why he felt the need to retain an attorney … I think it goes to bias to this,” Binger explained.
The judge immediately called for a lunch break.
Binger explained that Hernandez is represented by the same law firm that is connected to a previous defense expert in this case, hence his concern about the bias.
“The mere fact that he hired a lawyer?” Schroeder said that “the mere fact that he hired a lawyer” does not necessarily indicates bias.
“This is a law firm, your honor, that is getting presumably paid” by the defense, as an expert witness, and paid by the witness “directly pertaining to the evidence that he’s testifying about in this case.”
Judge Schroeder said he would think about whether or not Binger’s argument applies during the lunch break, telling Binger that he would probably permit it, possibly with limitations.
After the lunch break, Schroeder overruled the defense’s objection to Binger’s mention of Hernandez’s legal representation, allowing Binger to ask the witness about that.
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