Extradition proceedings typically are technical matters that don’t focus on the substance of the alleged crimes, but Rittenhouse’s lawyers have tried to block his transfer by arguing he fired in self-defense and is the target of a political prosecution.
In a filing, the teen’s lawyers indicated they might call his mother to testify “regarding the circumstances of his arrest.” That did not happen Friday, however, and his lawyers also did not call expert witnesses they had indicated they might put forth. Those witnesses had been expected to attack the investigation and probable cause for prosecution.
Pierce, one of the teen’s lawyers, announced at the start of the hearing that he would not be addressing the arguments he’d made in a previous filing that alleged extraditing Rittenhouse would violate his constitutional rights.
One of those arguments turned on the contention that sending the teen to Wisconsin would violate his 14th Amendment due process rights because he would face a “legion of hazards” if put in adult jail. The filing also argued that extradition would violate his Fourth Amendment right against unreasonable search or seizure, contending that the video shows “without a shadow of a doubt” he shot in self-defense.
During the hearing, however, Pierce focused entirely on a technical argument that the paperwork from Wisconsin didn’t meet the standard to return the teen. He said the documentation was insufficient because one Kenosha County prosecutor swore to the facts in the criminal complaint before another Kenosha prosecutor — rather than doing that before a magistrate.
“That is game, set, match, your honor,” Pierce said.
Assistant Lake County State’s Attorney Stephen Scheller rejected those concerns, noting the pile of other documents accusing the teen of crimes and calling for his extradition. Scheller noted that a Kenosha County prosecutor signed papers listing the charges before a judge in that jurisdiction and that Gov. J.B. Pritzker had signed a warrant calling for Rittenhouse’s extradition.
The paperwork provided “exactly what the law requires,” Scheller said.
The judge sided with prosecutors. Also, while Rittenhouse’s lawyers did not argue their points about his constitutional rights at the hearing, the judge addressed them because they’d been made in court filings. He wrote that questions about the merits of the charges and the teen’s rights were outside the scope of an extradition proceeding.
“These are matters that can be raised in Kenosha County, Wisconsin, through pretrial proceedings or during trial,” he wrote.
Following Novak’s ruling, Pierce vowed to appeal
in a series of tweets.
It is unclear whether Pierce knew when he posted the tweets that his client was handed over to Wisconsin authorities quickly after the ruling. [
Jesus H. Christ!! - OB]
Chicago attorney Stephen Komie, who has handled numerous extradition matters, said appeals in extradition cases have no effect once a person has been transferred out of the jurisdiction. “The ballgame is over in Illinois and the next pitch is going to be thrown in Kenosha,” he said.
Kyle Rittenhouse to be extradited to Wisconsin
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Originally Posted by Anti Federalist
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