The Rittenhouse trial judge's performance was controversial — but it wasn't unfair, LevinsonJessica writes.
and could have therefore been helpful to Rittenhouse. Rosenbaum received treatment for a suicide attempt days before the protests and was previously convicted of sexual conduct with a minor. Huber served time in prison almost a decade ago for choking his sibling.I hope the Asian food isn’t coming ... isn’t on one of those boats along Long Beach Harbor
.” Schroeder was referring to the backlog of container ships waiting at the Port of Long Beach in California. There is simply no reason to make this comment. It is in bad taste. But the question in a criminal trial isn’t whether the judge makes indefensibly bad or even at times ignorant or insensitive jokes. The question should be whether his rulings affect the fairness of the trial.
Then, of course, there was Schroeder’s request that everyone applaud an expert witness for the defense. On. The only person to respond that he had served our country was the next witness, who was a witness for the defense. Schroeder asked what branch the expert served in and then asked that everyone applaud his service. This is a misstep that could make it look like Schroeder is trying to bolster a defense witness before the jury.
And that, of course, is the ultimate question. We do not even know, for instance, if the jury thought that the defendant doesn’t always pick the jurors and the alternates. More to the point, we do not know if the optics of this raised any questions for the jury. There are so many parts of the criminal justice system that need our attention. This does not begin or end with the conclusion that Rittenhouse is no hero. Rittenhouse's case, tried against the backdrop of protests against racial injustice, is understandably being asked to bear a greater significance than most other criminal trials.
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