PROVO — Tyler Robinson, the southern Utah man accused of shooting and killing Charlie Kirk, made his first public appearance in court on Thursday.

Robinson, who is charged with aggravated murder, a capital offense — and faces a potential death sentence if convicted — appeared in 4th District Judge Tony Graf’s courtroom. But the hearing had less to do with the actual crime Robinson is accused of and focused more on public access to all his future court proceedings.

Robinson, 22, of Washington, Washington County, is accused of shooting and killing Charlie Kirk on Sept. 10 while Kirk was at Utah Valley University. Kirk, 31 — a conservative activist and co-founder of Turning Point USA — was sitting under a tent of an outdoor amphitheater-courtyard area at UVU, speaking in front of approximately 3,000 people, when he was shot in the neck by a gunman on the roof of the nearby Losee Center building.

On Thursday, Robinson entered the courtroom wearing a light blue dress shirt, slacks and a tie, and his hands and feet were shackled. He sat at a table next to his defense attorneys and appeared to be taking notes in a notebook during the hearing. Robinson’s father, mother and brother also attended the hearing and sat in the front row of the audience area.

Although no representatives from Kirk’s family were in attendance, Graf did agree to a request by the state on Thursday designating Kirk’s widow, Erika Kirk, as the official victim representative for all future hearings.

Security for the hearing was tight, with nine Utah County sheriff’s deputies inside the courtroom, including five wearing camo with “SWAT” written on their backs, and additional deputies and at least one police K-9 outside the courtroom. Utah County sheriff’s deputies blocked off streets surrounding the 4th District Courthouse, limiting access to vehicles.

Three issues were discussed during Thursday’s hearing:

1. Whether audio and transcripts of a closed-door hearing on Oct. 24 should be released to the public.
2. A motion to amend the publicity, or “gag order,” issued for the case.
3. Motions by attorneys representing the media to be recognized as limited party status interveners so they will automatically be notified of proposals to close court hearings from the public classify any documents as private.

The first issue took the longest to debate and was done in a closed setting so alleged sensitive information, such as court security, could be discussed. For two hours, members of the public, including the media, waited outside the courtroom while attorneys discussed the motion to release the audio and transcript of the October closed door hearing.

David Reymann, an attorney representing KSL and other media organizations, speaks during a hearing for Tyler Robinson in Provo’s 4th District Court on Thursday. Robinson is accused of fatally shooting Charlie Kirk. (Photo: Rick Egan)

David Reymann, an attorney representing one group of media interveners — including KSL — debated with prosecutors and defense attorneys about which parts of the sealed information should be released to the public and what should remain redacted. Graf says he will announce his ruling on that issue on Dec. 29.

As for the issue of granting the media interveners limited party status, Reymann argued in court that attorneys for the media are there only to advocate for openness of the legal proceedings as they have argued in several previous criminal cases.

“If they file a motion that wants to classify something as nonpublic … we have the right to be heard on these issues,” he said Thursday.

For example, the defense noted Thursday that they anticipate filing a motion soon requesting that no cameras be allowed in the courtroom — something Reymann says he will oppose.

Staci Visser, an attorney with Robinson’s defense team, countered Reymann’s arguments by saying the defense is worried about leaks to the media and that if the interveners are given limited party status, the judge should make it “very crystal clear” what they are allowed and not allowed to do.

Tyler Robinson, accused in the fatal shooting of Charlie Kirk, appears during a hearing in 4th District Court in Provo, Thursday. (Photo: Rick Egan)

“This isn’t about semantics; it’s about substance,” she said. “We don’t want the chaos that is out in the media in this courtroom.”

The judge said he would also issue his ruling on the media intervenors on Dec. 29.

Graf allowed Thursday’s hearing to be livestreamed by the media but under tight restrictions, one of which was that Robinson’s shackles could not be photographed or shown on video and that he could only be filmed or photographed while he was sitting. But early during Thursday’s hearing, the livestream video inadvertently showed Robinson’s handcuffs from a wide angle shot. Robinson’s defense team asked Graf to suspend all video recording for the day. Graf issued a stern warning but allowed the livestreaming of the hearing to continue after the camera was moved to the opposite side of the courtroom

Robinson’s defense team contends that the high publicity surrounding the case could potentially prejudice potential jurors and has argued for restrictions on media coverage. The media are also prohibited from recording or photographing Robinson’s family inside the courtroom.

In their motion opposing any efforts to close or restrict Robinson’s hearings, attorneys for a team of media organizations argue: “This is not the first high-profile criminal trial in Utah, nor will it be the last. Time and again, our courts have managed the delicate constitutional balance between the defendant’s right to a fair trial and the public’s right to observe the proceedings of the judicial process without sacrificing either. This case is no different.”

Andrew Adams, KSL-TV

The media expects this defense team to seek to close future court proceedings and associated records, “based solely on generalized assertions that pretrial publicity will make it impossible for the defendant to receive a fair trial. These kinds of blanket claims are not new. They arise in nearly every high-profile criminal prosecution, often at alarmingly early stages of the case, seeking to support broad prophylactic sealing orders with speculative predictions about what the jury pool might see in the news and how that might make it impossible to do, months or years from now, what courts do every day—seat a fair and impartial jury.”

First Amendment attorneys have argued that there has been no case in Utah where it was found that a defendant did not receive a fair trial because of pretrial publicity, even though there have been many high-profile criminal cases in Utah.

As for the third motion, Graf modified his original pretrial publicity order on Thursday that attorneys for both the state and defense, as well as their investigators and anyone who has a high likelihood of being called to the witness stand to testify, cannot intentionally or knowingly make statements publicly that could theoretically prejudice a potential jury, and it’s the duty of attorneys to notify those witnesses of the court order.

Defense attorney Richard Novak, top, speaks with Utah County attorney’s Office general counsel Christopher Ballard, right, during a hearing for Tyler Robinson in Provo’s 4th District Court on Thursday. Robinson is accused of fatally shooting Charlie Kirk. (Photo: Rick Egan)

The next hearing to discuss additional motions is set for Jan. 16. During that hearing, the judge will consider a motion filed Wednesday under seal by Robinson’s defense team to have the Utah County attorney‘s Office disqualified from prosecuting the case. A second hearing was set for Feb. 3. During that hearing, the defense’s yet-to-be-filed motion to keep cameras out of the courtroom is expected to be debated.

Also on Thursday, prosecutors updated the court on evidence that has been collected and shared with the defense. Nearly 14,000 files from law enforcement have now been collected by the state with nearly 8,000 files shared so far with the defense.

Prosecutors also on Thursday asked the judge to set dates for a preliminary hearing. Despite objections from Robinson’s attorneys who argued that not only should other motions be settled first — including their motion to have prosecutors disqualified — and because they don’t believe they will have enough time to sort through the mountain of evidence that’s expected, Graf agreed to set a three-day preliminary hearing for May 18, 19 and 21.

The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.

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The post Attorneys argue public access to murder suspect Tyler Robinson’s court hearings appeared first on Attorney Legal Counsel.

PROVO — Tyler Robinson, the southern Utah man accused of shooting and killing Charlie Kirk, made his first public appearance in court on Thursday.

Robinson, who is charged with aggravated murder, a capital offense — and faces a potential death sentence if convicted — appeared in 4th District Judge Tony Graf’s courtroom. But the hearing had less to do with the actual crime Robinson is accused of and focused more on public access to all his future court proceedings.

Robinson, 22, of Washington, Washington County, is accused of shooting and killing Charlie Kirk on Sept. 10 while Kirk was at Utah Valley University. Kirk, 31 — a conservative activist and co-founder of Turning Point USA — was sitting under a tent of an outdoor amphitheater-courtyard area at UVU, speaking in front of approximately 3,000 people, when he was shot in the neck by a gunman on the roof of the nearby Losee Center building.

On Thursday, Robinson entered the courtroom wearing a light blue dress shirt, slacks and a tie, and his hands and feet were shackled. He sat at a table next to his defense attorneys and appeared to be taking notes in a notebook during the hearing. Robinson’s father, mother and brother also attended the hearing and sat in the front row of the audience area.

Although no representatives from Kirk’s family were in attendance, Graf did agree to a request by the state on Thursday designating Kirk’s widow, Erika Kirk, as the official victim representative for all future hearings.

Security for the hearing was tight, with nine Utah County sheriff’s deputies inside the courtroom, including five wearing camo with “SWAT” written on their backs, and additional deputies and at least one police K-9 outside the courtroom. Utah County sheriff’s deputies blocked off streets surrounding the 4th District Courthouse, limiting access to vehicles.

Three issues were discussed during Thursday’s hearing:

1. Whether audio and transcripts of a closed-door hearing on Oct. 24 should be released to the public.
2. A motion to amend the publicity, or “gag order,” issued for the case.
3. Motions by attorneys representing the media to be recognized as limited party status interveners so they will automatically be notified of proposals to close court hearings from the public classify any documents as private.

The first issue took the longest to debate and was done in a closed setting so alleged sensitive information, such as court security, could be discussed. For two hours, members of the public, including the media, waited outside the courtroom while attorneys discussed the motion to release the audio and transcript of the October closed door hearing.

David Reymann, an attorney representing KSL and other media organizations, speaks during a hearing for Tyler Robinson in Provo’s 4th District Court on Thursday. Robinson is accused of fatally shooting Charlie Kirk. (Photo: Rick Egan)

David Reymann, an attorney representing one group of media interveners — including KSL — debated with prosecutors and defense attorneys about which parts of the sealed information should be released to the public and what should remain redacted. Graf says he will announce his ruling on that issue on Dec. 29.

As for the issue of granting the media interveners limited party status, Reymann argued in court that attorneys for the media are there only to advocate for openness of the legal proceedings as they have argued in several previous criminal cases.

“If they file a motion that wants to classify something as nonpublic … we have the right to be heard on these issues,” he said Thursday.

For example, the defense noted Thursday that they anticipate filing a motion soon requesting that no cameras be allowed in the courtroom — something Reymann says he will oppose.

Staci Visser, an attorney with Robinson’s defense team, countered Reymann’s arguments by saying the defense is worried about leaks to the media and that if the interveners are given limited party status, the judge should make it “very crystal clear” what they are allowed and not allowed to do.

Tyler Robinson, accused in the fatal shooting of Charlie Kirk, appears during a hearing in 4th District Court in Provo, Thursday. (Photo: Rick Egan)

“This isn’t about semantics; it’s about substance,” she said. “We don’t want the chaos that is out in the media in this courtroom.”

The judge said he would also issue his ruling on the media intervenors on Dec. 29.

Graf allowed Thursday’s hearing to be livestreamed by the media but under tight restrictions, one of which was that Robinson’s shackles could not be photographed or shown on video and that he could only be filmed or photographed while he was sitting. But early during Thursday’s hearing, the livestream video inadvertently showed Robinson’s handcuffs from a wide angle shot. Robinson’s defense team asked Graf to suspend all video recording for the day. Graf issued a stern warning but allowed the livestreaming of the hearing to continue after the camera was moved to the opposite side of the courtroom

Robinson’s defense team contends that the high publicity surrounding the case could potentially prejudice potential jurors and has argued for restrictions on media coverage. The media are also prohibited from recording or photographing Robinson’s family inside the courtroom.

In their motion opposing any efforts to close or restrict Robinson’s hearings, attorneys for a team of media organizations argue: “This is not the first high-profile criminal trial in Utah, nor will it be the last. Time and again, our courts have managed the delicate constitutional balance between the defendant’s right to a fair trial and the public’s right to observe the proceedings of the judicial process without sacrificing either. This case is no different.”

Andrew Adams, KSL-TV

The media expects this defense team to seek to close future court proceedings and associated records, “based solely on generalized assertions that pretrial publicity will make it impossible for the defendant to receive a fair trial. These kinds of blanket claims are not new. They arise in nearly every high-profile criminal prosecution, often at alarmingly early stages of the case, seeking to support broad prophylactic sealing orders with speculative predictions about what the jury pool might see in the news and how that might make it impossible to do, months or years from now, what courts do every day—seat a fair and impartial jury.”

First Amendment attorneys have argued that there has been no case in Utah where it was found that a defendant did not receive a fair trial because of pretrial publicity, even though there have been many high-profile criminal cases in Utah.

As for the third motion, Graf modified his original pretrial publicity order on Thursday that attorneys for both the state and defense, as well as their investigators and anyone who has a high likelihood of being called to the witness stand to testify, cannot intentionally or knowingly make statements publicly that could theoretically prejudice a potential jury, and it’s the duty of attorneys to notify those witnesses of the court order.

Defense attorney Richard Novak, top, speaks with Utah County attorney’s Office general counsel Christopher Ballard, right, during a hearing for Tyler Robinson in Provo’s 4th District Court on Thursday. Robinson is accused of fatally shooting Charlie Kirk. (Photo: Rick Egan)

The next hearing to discuss additional motions is set for Jan. 16. During that hearing, the judge will consider a motion filed Wednesday under seal by Robinson’s defense team to have the Utah County attorney‘s Office disqualified from prosecuting the case. A second hearing was set for Feb. 3. During that hearing, the defense’s yet-to-be-filed motion to keep cameras out of the courtroom is expected to be debated.

Also on Thursday, prosecutors updated the court on evidence that has been collected and shared with the defense. Nearly 14,000 files from law enforcement have now been collected by the state with nearly 8,000 files shared so far with the defense.

Prosecutors also on Thursday asked the judge to set dates for a preliminary hearing. Despite objections from Robinson’s attorneys who argued that not only should other motions be settled first — including their motion to have prosecutors disqualified — and because they don’t believe they will have enough time to sort through the mountain of evidence that’s expected, Graf agreed to set a three-day preliminary hearing for May 18, 19 and 21.

The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.

Source link


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The post Attorneys argue public access to murder suspect Tyler Robinson’s court hearings appeared first on Attorney Legal Counsel.

Estimated read time: 3-4
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SALT LAKE CITY — Douglas Lovell, an inmate on death row in Utah, is hoping to prove his trial attorneys were ineffective.

His new attorney has filed an appeal because his former attorneys failed to object to questioning about his church excommunication and then membership status.

Colleen Coebergh, who represents Lovell on the appeal, argued in favor of another trial for Lovell before the Utah Supreme Court on Friday. The court is now considering the case.

Lovell, 66, killed Joyce Yost in 1985, to prevent her from testifying after he had been charged with raping her, according to court documents. Authorities said he tried to hire two other people to kill Yost before deciding to carry out the murder himself. Her body was never found.

He admitted his guilt in 1993, but was allowed to withdraw that guilty plea in 2011, which led to the trial and, ultimately, to Lovell being sentenced to death a second time, in 2015.

Utah Supreme Court Justice John Pearce said a reasonable attorney would not have allowed evidence at trial pertaining to church leadership needing to approve re-admittance into the church after their client’s excommunication. He said the jury was being asked to see if Lovell had changed in the 30 years since the crime for which he was being tried, and prosecutors brought up the fact that church leadership would have to concur.

Coebergh said it means something to the jury when a defendant is not welcome in a church.

“The whole policy, policy discussion, doctrine — this court should rule absolutely inadmissible,” she said.

She said that evidence invited the jury to make a decision on something other than the law, as an appeal to a higher power than the court, and the Supreme Court judges cannot assume that comment did not have an effect on the jury. She said using a handbook from the church is “a corrupt practice” that cannot be tolerated in the courts.

“There is a separation of church and state for a reason,” she said, adding “that not only blurred the lines — the prosecutor catapulted himself over that line. And the (inference) of that notion is that it invited the jury to resort in their mind to a higher power than that court.”

Mark Field, assistant solicitor general, argued that Lovell’s trial attorneys may not have objected to the comments on his membership status because they had a witness the next day who would share religious testimony they wanted to ensure was allowed. The witness testified Lovell had been working on indexing for the church, which is transcribing documents for use in family history, and spoke about remorse and forgiveness.

Field said Lovell and his attorneys made the choice to not allow the jury an option of life in prison without the possibility of parole; instead, they were making a decision between the death penalty and life with the possibility of parole. He said this was what undermined his case, where evidence against Lovell was “virtually insurmountable” and the jury did not have an option to sentence him to life without parole.

Coebergh discussed multiple other reasons Lovell’s attorneys were not effective. She said they had a responsibility to show evidence supporting his eligibility to be released on parole.

She said the attorneys’ billing practices were unethical and said defendants have a right to have two attorneys on a case where the death penalty is a possibility, and those attorneys should both have skin in the game — and not be billing against each other.

Coebergh said the attorneys had a cap on what they could spend on their investigation and did not ask for more funds, did not perform individual interviews with witnesses and the junior attorney did not call witnesses as the senior attorney instructed and expected.

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Emily Ashcraft joined KSL.com as a reporter in 2021. She covers courts and legal affairs, as well as health, faith and religion news.

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The post Death row inmate: Utah court to decide if excommunication testimony meant ineffective attorneys appeared first on Attorney Legal Counsel.

Tim Ballard attends the premiere of “Sound of Freedom” on June 28 in Vineyard. After five women and one man who accused Ballard of sexual assault revealed their identities and spoke publicly with reporters, Ballard’s attorneys released a statement that said the accusations were false and inaccurate. (Fred Hayes, Getty Images for Angel Studios)

Estimated read time: 2-3
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SAN CLEMENTE, Calif. — Just hours after five women and one man who have accused Operation Underground Railroad founder Tim Ballard of sexual assault in a pair of anonymous lawsuits revealed their identities and spoke publicly with reporters, Ballard’s attorneys released a statement that said the accusations were false and inaccurate.

The statement from California-based attorneys Whitney Z. Bernstein, Alexis Paschedag Federico, and Thomas H. Bienert, Jr. of Bienert Katzman Littrell Williams LLP said:

“We are counsel for Tim Ballard and look forward to fighting these claims and revealing all of their inaccuracies. We note that none of these suits have been served on Tim, and instead seem intended as a vehicle to wrongly attack him as opposed to properly initiating legal proceedings. The Ballards will not let what they view as politically charged false claims deter them from continuing their mission of saving children from the scourge of trafficking. We very much look forward to litigation on the merits of these accusations in the courtroom.”

In a tearful, lengthy interview in Salt Lake City Tuesday, the plaintiffs explained their desire to help the cause of ending human trafficking. Many said they did not want to take their stories to the public but felt an obligation to try to prevent others from being victimized in the same way they allege they were.

The day following the interview, Alan Mortensen, a lawyer for one of the plaintiffs who was suing Ballard sent the following statement to KSL-TV:

“We have sought to have Tim Ballard’s attorneys accept service as a professional courtesy to him. We recently were informed the lawyer we were dealing with does not represent him. Today is the first we have learned that Tim Ballard has retained Bienert Katzman LItterll Williams LLP and we will reach out to them on Friday to accept service for Mr. Ballard. If they decline, we will personally serve Mr. Ballard as soon as he is located. The sooner we can get Mr. Ballard under oath the better.”

Contributing: Lindsay Aerts

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The post Attorneys for Operation Underground Railroad founder Tim Ballard respond after accusers step forward appeared first on Attorney Legal Counsel.

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MADISON, Wis. — Attorneys for a man shot and injured by Kyle Rittenhouse during a protest in 2020 are asking a federal judge to give them more time to serve Rittenhouse with a civil lawsuit, alleging that he is purposefully trying to evade them.

Attorneys for Gaige Grosskreutz filed the request on Wednesday, the deadline that U.S. District Judge Lynn Adelman had given them to serve the lawsuit on Rittenhouse and the other defendants. Grosskreutz added Rittenhouse as a defendant last week in the lawsuit that also targets the city of Kenosha and local officials.

The lawsuit, originally filed in October 2021, accuses Rittenhouse and other defendants, including a host of local law enforcement agencies, of causing the injuries that Grosskreutz suffered that night. It is seeking an unspecified amount of damages.

The lawsuit is similar to one filed by the father of Anthony Huber, one of two men Rittenhouse shot and killed that night.

Rittenhouse was charged with homicide, attempted homicide and reckless endangering for killing Huber and Joseph Rosenbaum and wounding Grosskreutz with an AR-style semi-automatic rifle in the summer of 2020 during a tumultuous night of protests over the shooting of a Black man, Jacob Blake, by a white Kenosha police officer.

Rittenhouse was acquitted of all charges in November 2021 after testifying he acted in self-defense. Rittenhouse’s actions became a flashpoint in the debate over guns, vigilantism and racial injustice in the U.S. He was 17 at the time of the shootings and is now 20.

‘Attempting to evade’

An attorney for Grosskreutz said in a legal filing Wednesday that all of the other defendants, except for Rittenhouse, have accepted and waived service of the lawsuit. Rittenhouse’s attorney in the Huber lawsuit said he was not authorized to accept service and a person believed to be Rittenhouse’s mother who answered the door at a home in Florida said “Rittenhouse had been gone for a while,” according to the filing.

Grosskreutz “is currently unaware of Mr. Rittenhouse’s current whereabouts and is concerned that Mr. Rittenhouse is attempting to evade service,” according to the filing seeking a 60-day extension to serve him.

Rittenhouse last week changed attorneys for the Huber lawsuit, going back to one of his defense attorneys from the trial, Mark Richards. Richards said Thursday that he does not represent Rittenhouse in the Grosskreutz lawsuit.

Richards also said he does not know where Rittenhouse is.

“I don’t know how to find Kyle,” Richards said. “I do not currently know where Kyle is.”

Adelman, in the Huber lawsuit, earlier this month denied a motion by Rittenhouse and other defendants seeking to dismiss the case. The judge said in that case that Huber’s death “could plausibly be regarded as having been proximately caused by the actions of the governmental defendants.”

Attorneys and private investigators for Huber’s father spent over 100 hours trying to locate Rittenhouse, tracking down addresses in seven states before they found the home of his mother and sister in Florida. The lawsuit was served on Rittenhouse’s sister, who said that he wasn’t home. Adelman said that was sufficient to qualify as being served in the Huber case.

Kyle Rittenhouse keeps his composure he is found not guilty on all counts on Nov. 19, 2021, at the Kenosha County Courthouse in Kenosha, Wisconsin. (Photo: Sean Krajacic, The Kenosha News via AP, Pool)

Rittenhouse’s attorneys had argued that the Huber case against him should be dismissed because Rittenhouse wasn’t properly served with the lawsuit. Adelman dismissed that, saying that Rittenhouse “is almost certainly evading service.”

“Rittenhouse has been deliberately cagey about his whereabouts,” Adelman wrote earlier this month. “Although he denies living in Florida, he does not identify the place that he deems to be his residence.”

In 2020, Rittenhouse went to Kenosha from his home in nearby Antioch, Illinois, after businesses were ransacked and burned in the nights that followed Blake’s shooting. He joined other armed civilians on the streets, carrying a weapon authorities said was illegally purchased for him because he was underage.

Rittenhouse first killed Rosenbaum, 36, in the parking lot of an auto dealership and as Rittenhouse ran from the scene he stumbled and fell. Huber, 26, struck Rittenhouse with his skateboard and tried to disarm him. Rittenhouse fell to the ground and shot Huber to death and wounded demonstrator Grosskreutz, who was 27 at the time.

Rittenhouse has maintained a high public profile, particularly on social media, where he is an outspoken advocate for gun rights. He has nearly one million followers on Twitter and has spoken at conservative gatherings.

He tweeted a fundraising plea this week in reference to the Grosskreutz lawsuit, saying: “This lawsuit is an attempt to drown anyone who legally and justifiably defends there lives from attackers in a mountain of legal debt. We can not let them win. If they can come after me they will come after you.”

Grosskreutz, who testified at the trial, last year sought to change his legal name because of what he now says was continued harassment related to the case.

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The post Attorneys allege Kyle Rittenhouse evading civil lawsuit over Wisconsin shooting appeared first on Attorney Legal Counsel.

Estimated read time: 4-5
minutes

MADISON, Wis. — Attorneys for a man shot and injured by Kyle Rittenhouse during a protest in 2020 are asking a federal judge to give them more time to serve Rittenhouse with a civil lawsuit, alleging that he is purposefully trying to evade them.

Attorneys for Gaige Grosskreutz filed the request on Wednesday, the deadline that U.S. District Judge Lynn Adelman had given them to serve the lawsuit on Rittenhouse and the other defendants. Grosskreutz added Rittenhouse as a defendant last week in the lawsuit that also targets the city of Kenosha and local officials.

The lawsuit, originally filed in October 2021, accuses Rittenhouse and other defendants, including a host of local law enforcement agencies, of causing the injuries that Grosskreutz suffered that night. It is seeking an unspecified amount of damages.

The lawsuit is similar to one filed by the father of Anthony Huber, one of two men Rittenhouse shot and killed that night.

Rittenhouse was charged with homicide, attempted homicide and reckless endangering for killing Huber and Joseph Rosenbaum and wounding Grosskreutz with an AR-style semi-automatic rifle in the summer of 2020 during a tumultuous night of protests over the shooting of a Black man, Jacob Blake, by a white Kenosha police officer.

Rittenhouse was acquitted of all charges in November 2021 after testifying he acted in self-defense. Rittenhouse’s actions became a flashpoint in the debate over guns, vigilantism and racial injustice in the U.S. He was 17 at the time of the shootings and is now 20.

‘Attempting to evade’

An attorney for Grosskreutz said in a legal filing Wednesday that all of the other defendants, except for Rittenhouse, have accepted and waived service of the lawsuit. Rittenhouse’s attorney in the Huber lawsuit said he was not authorized to accept service and a person believed to be Rittenhouse’s mother who answered the door at a home in Florida said “Rittenhouse had been gone for a while,” according to the filing.

Grosskreutz “is currently unaware of Mr. Rittenhouse’s current whereabouts and is concerned that Mr. Rittenhouse is attempting to evade service,” according to the filing seeking a 60-day extension to serve him.

Rittenhouse last week changed attorneys for the Huber lawsuit, going back to one of his defense attorneys from the trial, Mark Richards. Richards said Thursday that he does not represent Rittenhouse in the Grosskreutz lawsuit.

Richards also said he does not know where Rittenhouse is.

“I don’t know how to find Kyle,” Richards said. “I do not currently know where Kyle is.”

Adelman, in the Huber lawsuit, earlier this month denied a motion by Rittenhouse and other defendants seeking to dismiss the case. The judge said in that case that Huber’s death “could plausibly be regarded as having been proximately caused by the actions of the governmental defendants.”

Attorneys and private investigators for Huber’s father spent over 100 hours trying to locate Rittenhouse, tracking down addresses in seven states before they found the home of his mother and sister in Florida. The lawsuit was served on Rittenhouse’s sister, who said that he wasn’t home. Adelman said that was sufficient to qualify as being served in the Huber case.

Kyle Rittenhouse keeps his composure he is found not guilty on all counts on Nov. 19, 2021, at the Kenosha County Courthouse in Kenosha, Wisconsin. (Photo: Sean Krajacic, The Kenosha News via AP, Pool)

Rittenhouse’s attorneys had argued that the Huber case against him should be dismissed because Rittenhouse wasn’t properly served with the lawsuit. Adelman dismissed that, saying that Rittenhouse “is almost certainly evading service.”

“Rittenhouse has been deliberately cagey about his whereabouts,” Adelman wrote earlier this month. “Although he denies living in Florida, he does not identify the place that he deems to be his residence.”

In 2020, Rittenhouse went to Kenosha from his home in nearby Antioch, Illinois, after businesses were ransacked and burned in the nights that followed Blake’s shooting. He joined other armed civilians on the streets, carrying a weapon authorities said was illegally purchased for him because he was underage.

Rittenhouse first killed Rosenbaum, 36, in the parking lot of an auto dealership and as Rittenhouse ran from the scene he stumbled and fell. Huber, 26, struck Rittenhouse with his skateboard and tried to disarm him. Rittenhouse fell to the ground and shot Huber to death and wounded demonstrator Grosskreutz, who was 27 at the time.

Rittenhouse has maintained a high public profile, particularly on social media, where he is an outspoken advocate for gun rights. He has nearly one million followers on Twitter and has spoken at conservative gatherings.

He tweeted a fundraising plea this week in reference to the Grosskreutz lawsuit, saying: “This lawsuit is an attempt to drown anyone who legally and justifiably defends there lives from attackers in a mountain of legal debt. We can not let them win. If they can come after me they will come after you.”

Grosskreutz, who testified at the trial, last year sought to change his legal name because of what he now says was continued harassment related to the case.

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