One is usually a bit surprised to hear of or see that a criminal defendant took the stand in his or her own defense. Cross-examinations can be withering, what might seem like a fairly harmless “Yes” or “No” may become the center of the prosecution’s closing argument.

How can a “yes,” or “no,” take on such importance? Well, when an attorney questions his own witness, the witness must tell the story. The attorneys have to ask questions that call for an explanation. It is called “direct testimony.” But – especially in a criminal trial – there is a presumption that the witness will do all he or she can to avoid answering the exact question from the other party. Thus, if a defendant testifies, the other side (here, the prosecution) gets to ask leading questions, the type that requires only a yes, or no, answer. “When you slid your hand over and grabbed the $20 bill on the counter from the little old lady in tennis shoes, you knew it wasn’t your money, right?”

See? They can lead the witness down a path where the attorney frames the issue and no amount of “Let me explain…” can overcome some “yes” or “no’s.” (The defense can call for an explanation later, it can mitigate it, some.)

So defendants generally avoid that witness stand like it’s on fire because it might be if the defendant sits down. But Rittenhouse claimed self-defense, and no one can explain why Rittenhouse believed that his life was in danger except Rittenhouse. Every defendant who has ever claimed self-defense had to sit there and explain it. And so there he was.

But even in real self-defense cases, a person is supposed to feel pretty bad that someone lost their life. It is not necessary to appear as though you feel bad someone passed. But it really does help, a lot, to convince the jury that you didn’t actually drive across two states, with a gun, and goggles, and gloves, illegally, precisely so that you could do this.

And that is why the net is STILL sick of this kid and his obvious performance art this afternoon, already covered earlier:

Kyle Rittenhouse coming for Best Leading Actor in a Drama pic.twitter.com/9gnbpPrRzU

— chris evans (@chris_notcapn) November 10, 2021

Best?

And the Razzie Award for Worst Actor goes to: Kyle Rittenhouse

— Angela Belcamino (@AngelaBelcamino) November 10, 2021

https://twitter.com/cpoliticditto/status/1458504081027260418

To Kyle Rittenhouse (and actors with crying scenes): most humans don’t try to cry, they actually try NOT to cry. Work on your moment before, if you’re vulnerable & connected the tears will come and you won’t have to squeeze your eyes that hard to get them out. Or use a cry stick

— Stephanie Sheh (@stephaniesheh) November 10, 2021

https://twitter.com/LALewman/status/1458480399647117320

Nobody outside the courtroom or on certain websites. Plenty of others are, though.

https://twitter.com/DavePowersG/status/1458543876759711744

Rittenhouse is a horrible fucking actor.

— Lincoln Watchman (@LincolnWatchman) November 10, 2021

Everyone judging Kyle Rittenhouse's performance today. Guys, he isn't an actor – he's a murderer, give him a break.

— Katy Stoll (@katystoll) November 10, 2021

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Substack Much Ado About Everything: By Jason Miciak

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