Brendan Pierson, Nathan Layne

KENOSHA WIS. (Reuters) – George Zimmerman, who was sentenced to life for murdering Trayvon Mart, chose to not testify. Some legal experts believe this decision contributed to Zimmerman’s acquittal 2013 in the most divisive civil defense trial.

Kyle Rittenhouse (the teenager who was accused of shooting dead two protesters in Wisconsin and wounding another last year) appears ready to take a different approach. Mark Richards his lawyer said that Rittenhouse would testify in his defense.

Rittenhouse’s testimony is deemed extremely risky by legal experts. This would give Rittenhouse the opportunity to answer a broad range of questions about past statements or actions.

Daniel Medwed is a Northeastern University professor of criminal and civil law.

Jodi Arias, a Californian woman, was convicted of the murder of her boyfriend in 2013. She was sentenced to life in prison without parole after she testified that she did it in self-defense.

Rittenhouse could have the potential benefit of allowing jurors to understand why he believes he must shoot to his safety.

Rittenhouse (18) is accused of reckless and deliberate homicides in killing Joseph Rosenbaum (36), and Anthony Huber (26). Rittenhouse also faces attempted homicide charges for shooting Gaige Grosskreutz with a gun to her arm.

Rittenhouse like Zimmerman can be a divide and conquer figure. While Rittenhouse is seen as a hero by conservatives, who believe in the right to unfettered firearm rights and view the shootings with justification, many political lefties have called him a vigilante murderer.

He could be sentenced to life imprisonment if convicted. According to his lawyers, Rittenhouse’s defense team will prove that Rittenhouse was acting in self-defense. Rittenhouse fired the fatal shots because he was afraid for his life in chaotic demonstrations that began after the Kenosha police shooting of a Black man.

Rittenhouse’s attorneys may decide not to put him on the witness stand, particularly if they believe the trial is moving in their favor.

They elicited multiple witness testimony during the first week of trial to support their contention that Rosenbaum provoked the teenager, which was a crucial element in justifying the use deadly force.

It is unclear how many criminal defendants take to the witness stand in their cases. A Cornell Law Review study published by Valerie Hans in 2009 found that about half of the criminal defendants who testified in criminal trials were from four counties.

It was found that only 60% of defendants who had not been convicted of a crime testified. That compares to the 45% of criminally convicted defendants. The authors suggested that this likely reflect defendants fear of having their records used against them. 77% of the defendants who testified were convicted, while 72% were not.

Medwed noted that Rittenhouse didn’t have any criminal convictions prior to the Aug. 25, 2021 shootings. But, cross-examination can be used against Rittenhouse in “any cases where Rittenhouse lied or was rumored” to lie. Medwed explained that many lawyers advise clients not to testify.

He said that the testifying risk can still be worth it because jurors are “naturally interested in hearing the other side,” even though the defendant is not legally required to prove his innocence. This may be especially true if a defendant is defending himself, as Rittenhouse did.

Michael O’Hear of Marquette Law School stated that in a self defense case it can be very hard for the defendant not to testify because jurors have no way to find out about the facts that lead to the defendant believing that self-protective force should be used.

A third key element is subjective. Will the jury be able to like the defendant?

Don West was one of Zimmerman’s trial attorneys. He said that the defense had decided not to need Zimmerman’s testimony, because the forensic evidence and statements Zimmerman made to police supported his case.

West said that Zimmerman wouldn’t have been treated fair if he had taken the stand.

He was ridiculed. West claimed that he was one of the most hated men for a while. He wouldn’t be able to get the benefit of any doubt if the focus was so focused on him.

Zimmerman shot Martin, a neighborhood watch Captain in Sanford’s gated community, Florida on Feb 26, 2012. Martin was going to a convenience shop to get snacks. This incident was a catalyst for the birth of Black Lives Matter.

Patrick Cafferty in Wisconsin is a criminal defense attorney. He said that Rittenhouse should testify. The teen told the jury that he was afraid for his life and that it would be valuable to inform the jury.

Cafferty declared, “I feel the reward is greater than the risk.”