Assistant District Attorney Thomas Binger 'lied to the jury's faces' in his closing statement when he said that Kyle Rittenhouse provoked the situation that saw him shoot two men dead and injure a third on August 25, 2020. This was the startling opening to defense attorney Mark Richards' closing statements when he stood to address the court Monday afternoon. Speaking with a furious energy he said, 'This case is not a game. It's my client's life. We don't play fast and loose with the facts, pretending that Mr. Rosenbaum was citizen A, number one guy. 'He was a bad man. He was there that night causing trouble. He was a rioter. And my client had to deal with him that night alone.' Richards went onto accuse Binger of raising the notion of that Rittenhouse had 'provoked' events as a desperate measure – brought in 'when the case explodes in his face.' Standing to face the jury he said bluntly, 'Mr. Rosenbaum was shot because he was chasing my client and going to kill him and take his gun and carry out the threats he had made.' Defense attorney Mark Richards began closing statements Monday afternoon claiming Assistant District Attorney Thomas Binger 'lied to the jury's faces' Assistant District Attorney Thomas Binger told the jury Rittenhouse was looking for the 'thrill' of telling people what to do, 'running around with an AR-15' with 'neither the honor nor the legal right to do so'. Binger held Rittenhouse's AR-15 aloft as he spoke, pointing it on the corner of the court. Rittenhouse, who was 17 at the time of the shootings, is charged with first-degree intentional homicide and other counts for killing Joseph Rosenbaum and Anthony Huber and wounding Gaige Grosskreutz This comes after the prosecution's closing arguments where Binger told the jury Rittenhouse traveled to Kenosha 'expecting and anticipating violence' on the night of August 25, 2020. He se said Rittenhouse was looking for the 'thrill' of telling people what to do, 'running around with an AR-15' with 'neither the honor nor the legal right to do so'. Urging the jury to 'keep an open mind,' he said, 'In America it's hard these days. There's polarization, but this is not a political case and there's common ground here. 'I asked you at the beginning of this to raise your hand if you think human life is more important than property. 'We can also agree that no one person's life is more important than another. All life is sacred.' Now that they have heard all the testimony and all the evidence, Binger told the jury, 'It's time to search for the truth.' In a chilling moment Binger moved to 're-enact' what he claimed was visible on blurry drone footage, controversially brought before the jury. According to Binger, Rittenhouse can be seen placing down the fire extinguisher he was carrying, pausing and raising his gun – pointing it at an unseen person off screen. Binger, held Rittenhouse's AR-15 aloft, as he spoke, pointing it on the corner of the court. This, he said, was the moment Rittenhouse 'lost the right to self-defense' and 'provoked' the violence that followed. Binger had promised that he would be replaying many of the video exhibits from the night and so he did – pointing out the narrative on which the State has insisted. It is a story in which Rittenhouse is the agitator, the aggressor, the one making the calls and taking the shots. Binger showed the jury 'the defendant murdering Joseph Rosenbaum from three different angles:' videographer Drew Hernandez's video, drone footage and FBI surveillance footage. He contended that at best this was a 'fist fight.' Rosenbaum was unarmed. Binger said, 'What you don't do is you don't bring a gun to a fist fight.' Rittenhouse fatally shot Joseph Rosenbaum (left), 36, with an AR-15-style semiautomatic rifle after Rosenbaum chased Rittenhouse across a parking lot and threw a plastic bag at him shortly before midnight on August 25, 2020. Moments later, as Rittenhouse was running down a street, he shot and killed Anthony Huber (right), 26, a protester from Silver Lake, Wisconsin What charges does Kyle Rittenhouse face? Kyle Rittenhouse shot three men, killing two of them and wounding the third, during a protest against police brutality in Kenosha, Wisconsin, last year. Rittenhouse has argued that he fired in self-defense after the men attacked him. Here's a look at the charges that prosecutors carried into court, as well as lesser charges that the judge could put before the jury in final instructions: COUNT 1: FIRST-DEGREE RECKLESS HOMICIDE, USE OF A DANGEROUS WEAPON This felony charge is connected to the death of Joseph Rosenbaum, the first man Rittenhouse shot. Bystander video shows Rosenbaum chasing Rittenhouse through a parking lot and throwing a plastic bag at him. Rittenhouse flees behind a car and Rosenbaum follows. Video introduced at trial showed Rittenhouse wheeling around and firing as Rosenbaum chased him. Richie McGinniss, a reporter who was trailing Rittenhouse, testified that Rosenbaum lunged for Rittenhouse's gun. Reckless homicide differs from intentional homicide in that prosecutors aren't alleging Rittenhouse intended to murder Rosenbaum. Instead, they're alleging Rittenhouse caused Rosenbaum's death in circumstances showing an utter disregard for human life. Former Waukesha County District Attorney Paul Bucher said prosecutors' decision to charge reckless instead of intentional homicide shows they don't know what happened between Rittenhouse and Rosenbaum and what might have been going through Rittenhouse's mind when he pulled the trigger. The charge is punishable by up to 60 years in prison. The dangerous weapon modifier carries an additional five years. Prosecutors asked Judge Bruce Schroeder to let the jury also consider a lesser charge, second-degree reckless homicide, that does not require a finding that Rittenhouse acted with utter disregard for human life. It's punishable by up to 25 years in prison. But after Rittenhouse's attorneys objected, Schroeder said he did not plan to give that instruction. He said he expected that a guilty verdict on that count would be overturned because the defense objected to adding it. COUNT 2: FIRST-DEGREE RECKLESSLY ENDANGERING SAFETY, USE OF A DANGEROUS WEAPON This felony charge is connected to the Rosenbaum shooting. McGinniss told investigators he was in the line of fire when Rittenhouse shot Rosenbaum. The charge is punishable by 12 1/2 years in prison. The weapons modifier carries an additional five years. Prosecutors asked Schroeder to let the jury consider a second-degree version of this charge. The difference is that the second-degree version doesn't require a finding that Rittenhouse acted with utter disregard for human life. Schroeder said he was inclined to allow that instruction, though he didn't make a final ruling. The charge is punishable by up to 10 years in prison. COUNT 3: FIRST-DEGREE RECKLESSLY ENDANGERING SAFETY, USE OF A DANGEROUS WEAPON Video shows an unknown man leaping at Rittenhouse and trying to kick him seconds before Anthony Huber moves his skateboard toward him. Rittenhouse appears to fire two rounds at the man but apparently misses as the man runs away. This charge is a felony punishable by 12 1/2 years in prison. The weapons modifier again would add up to five more years. Schroeder said he would decline prosecutors' request that jurors be allowed to consider this charge in the second degree. COUNT 4: FIRST-DEGREE INTENTIONAL HOMICIDE, USE OF A DANGEROUS WEAPON This charge is connected to Huber's death. Video shows Rittenhouse running down the street after shooting Rosenbaum when he falls to the street. Huber leaps at him and swings a skateboard at his head and neck and tries to grab Rittenhouse's gun before Rittenhouse fires. The criminal complaint alleges Rittenhouse aimed the weapon at Huber. Intentional homicide means just that - a person killed someone and meant to do it. Bucher said that if Rittenhouse pointed the gun at Huber and pulled the trigger that would amount to intentional homicide. However, self-defense would trump the charge. 'Why I intended to kill this individual makes the difference,' Bucher said. The count carries a mandatory life sentence. The weapons modifier would add up to five years. Prosecutors asked Schroeder to give the jury the option of second-degree intentional homicide, first-degree reckless homicide and second-degree reckless homicide in Huber's death. The defense objected only to the second-degree reckless homicide charge, and Schroeder said he 'embraced' that argument. Second-degree intentional homicide is a fallback charge when a defendant believed he was in imminent danger of death or great bodily harm and that it was necessary to use force - but either belief was unreasonable. It's punishable by up to 60 years in prison. The first-degree reckless homicide charge sought in Huber's death matches an original charge in Rosenbaum's death - it would require jurors to decide that Rittenhouse caused Huber's death with an utter disregard for human life - and is punishable by up to 60 years in prison. COUNT 5: ATTEMPTED FIRST-DEGREE INTENTIONAL HOMICIDE, USE OF A DANGEROUS WEAPON This is the charge for Rittenhouse shooting Gaige Grosskreutz in the arm seconds after he shot Huber, and as Grosskreutz came toward him holding a pistol. Grosskreutz survived. Video shows Rittenhouse pointing his gun at Grosskreutz and firing a single round. The charge carries a maximum sentence of 60 years. The weapons modifier would add up to five more years. Prosecutors asked that the jury be allowed to consider lesser counts in the Grosskreutz shooting: second-degree attempted intentional homicide, first-degree reckless endangerment and second-degree reckless endangerment. Defense attorneys didn't oppose the first, but did oppose adding the reckless endangerment counts. Schroeder didn't rule but said he was inclined to side with prosecutors. The possible punishment for attempted second-degree intentional homicide is 30 years. DISMISSED - COUNT 6: POSSESSION OF A DANGEROUS WEAPON BY A PERSON UNDER 18 Rittenhouse was armed with an AR-style semi-automatic rifle. He was 17 years old on the night of the shootings. Wisconsin law prohibits minors from possessing firearms except for hunting. It was not clear on Friday what Schroeder intends to tell jurors about that charge. The charge is a misdemeanor punishable by up to nine months behind bars. Judge Bruce Schroeder dismissed count 6 from Rittenhouse's rap sheet Monday morning. COUNT 7: FAILURE TO COMPLY WITH AN EMERGENCY ORDER FROM STATE OR LOCAL GOVERNMENT Rittenhouse was charged with being out on the streets after an 8 p.m. curfew imposed by the city, a minor offense that carries a fine of up to $200. Judge Bruce Schroeder dismissed the charge during the second week of trial after the defense argued that prosecutors hadn't offered enough evidence to prove it. Advertisement He dismissed Rittenhouse's claim that Rosenbaum was trying to take his gun and use it on him or other as 'cockamamie' He said, 'You lose the right to self-defense when you're the one bringing the gun.' In an odd moment of grandstanding Binger told the court to ignore talk of Joshua Ziminski – a man whom he has repeatedly referenced during the trial and the one who fired a shot moments before Rittenhouse turned and shot Rosenbaum. Now Binger said he planned to 'carve Ziminski out of this case,' he was 'a red herring.' He added, 'I'll deal with him at his arson trial in January.' Where the defense has made much of the speed at which events happened – all four shots were fired within 0.76 seconds – Binger said that the ferocious pace made Rittenhouse more culpable. He said, 'He doesn't get a pass by pulling the trigger fast. He could have stopped after the first shot.' Instead, he said, he 'tracks Mr. Rosenbaum's body down,' shooting as he fell. He said, 'No-one else made him do it.' Binger's voice rose, shrill as he said that the only way the jury could find self-defense was, 'If you believe that Joseph Rosenbaum was reaching for the defendant's gun. 'And that a reasonable person in the defendant's position, with the AR-15 strapped to his chest, would think that Joseph Rosenbaum was even capable of taking the gun away, as he's falling to the ground with a fractured pelvis. 'And then that Joseph Rosenbaum was going to turn the gun around and kill the defendant. And other people. 'You'd have to find all of those things.' For the first time during the entire trial demonstrators could be heard outside the courtroom as Binger rose to continue his closing statement Monday afternoon. Several onlookers in court turned towards the windows, puzzled by the commotion. But it was not possible to make out what was being shouted below and the court's view was blocked by heavy blinds. Kyle Rittenhouse is seen with his AR-15 patrolling the streets of Kenosha, Wisconsin on the night he killed two men and injured a third Attorney Thomas Binger enters the courtroom at the Kenosha County Courthouse on Monday Judge Bruce Schroeder dismissed count 6 from Rittenhouse's rap sheet – illegal possession of a firearm As he continued his closing statements Binger sought to paint two of the men shot by Rittenhouse as 'heroes' and to dismiss the notion that Rosenbaum was ever any sort of threat, describing him as nothing but a 'little dog.' 'Bark, bark, bark!,' he said, 'He really ain't going to do anything.' Showing close-up and graphic images of Grosskreutz's shredded bicep Binger said,' 'It's hard to look at but this is what we're dealing with. When you fire an AR-15. 'I guarantee you the defendant had no clue what his gun was capable of, he didn't concern himself what he would be doing to other people. 'Let's not flinch away from this it's important we understand what that gun was capable of that night. It killed two people and it did this to Mr. Grosskreutz's arm.' The way Binger told it Rittenhouse, 'should have known' that pointing his gun as someone else would have 'provoked' Rosenbaum. He 'should have known,' the crowd was aware of the fact he had just shot someone. And he 'should have known' that they believed him to be an 'active shooter' According to Binger, 'That crowd did something that honesty I'm not sure I'd have the courage to do. 'Anthony Huber was different, 'jump-kick man' was different, Gaige Grosskreutz was different.' According to Binger, 'That crowd was full of heroes.' Huber was a' hero' and Grosskreutz too – both men, he insisted, were acting within their own right to defend themselves as they tried to, 'stop an active shooter from shooting others.' The defense will state their closing arguments following Binger's statements Monday. Mark Richards, defense attorney for Kyle Rittenhouse, is seen pacing the courtroom In contrast, he said, Rittenhouse was 'a fraud,' falsely claiming to be a certified EMT. He was, 'like a quack doctor practicing without a license,' and putting lives at risk. He wrapped a sprained ankle, helped someone with a cut on their hand. Binger mocked, 'Yay.' And on the other hand, he killed two people and shot another. Binger snapped, 'When we balance your role as a medic that night…I don't give you any credit.' Rittenhouse's mother says he was being 'chased by a mob' and is now being treated for PTSD Kyle Rittenhouse's mother has defended him shooting and killing two BLM protesters last summer, saying it was either their lives or her teenage son's who was being 'chased by a mob'. In an interview with NBC Nightly News on Sunday, Rittenhouse's mother Wendy said she believes her son - who sobbed on the witness stand - did a 'good job' giving evidence. She said he is being treated for PTSD and that she is standing by him, claiming he would be dead if he hadn't brought his AR-15 rifle to the riot last August. 'A lot of people shouldn't have been there. He brung that gun for protection and to this day, if he didn't have that gun my son would have been dead. 'He went down there to help. And he was chased by a mob,' she said. 'Wendy said she was 'scared' ahead of the verdict, and that she was a 'nervous wreck' when her son took the stand last week. 'Twelve people have my son’s life in their hands. I will always stand by him,' she said. Advertisement He dismissed Rittenhouse and lionized Grosskreutz, saying, 'For him to call himself a medic is an insult to anyone like Gaige Grosskreutz who spent hundreds of hours training to become an EMT.' Binger described him as a 'hero,' who 'rushed into danger,' and he told the jury that Grosskreutz never pointed his gun at Rittenhouse, despite Grosskreutz's own testimony that he did. He told the court that Grosskreutz could well have pulled the trigger of his own gun and shot Rittenhouse, but that he didn't - 'because he's not that type of person.' And he had harsh words for Rittenhouse's witness stand performance Wednesday. He said, 'When he testified on Wednesday, he broke down crying about himself not about anyone he hurt that night, no remorse.' Rittenhouse and the other 'vigilantes' who gathered in Kenosha that night were, Binger said, 'Just wannabe soldiers, acting tough. Just a small part of the deluge of chaos tourists trying to feed off what we were going through, despite everything we did to try to tell them to go away, stay out.' Binger mocked the 'threat' presented by Rosenbaum that night. 'What did he do?' he said, 'He tipped over a porta-potty that had no-one in it. He swung a chain. He set an empty trailer on fire. He said some bad words. He said the N-word.' He said, 'I'd probably try to prosecute him for arson, but I can't because the defendant killed him. That's the way we deal with arson. We prosecute you. We don't execute them.' Binger said he would be the voice for Rosenbaum because he wasn't there to speak for himself. The picture he painted was far from flattering in its bid to minimize any threat that he night have presented. At 5ft 4, Binger said Rosenbaum had 'Napoleon complex.' He was a 'babbling idiot.' He said that the crowd were 'shoving him around like a rag doll,' and that he was, 'a mouthy little guy…a little dog.' According to Binger, the jury was there to decide facts, 'not to buy pathetic excuses.' He said, 'If you panic that's not reasonable. That is an excuse. And if you're 17, you don't have experience…you're in over you head...those are excuses. 'They do not erase your personal responsibility for your own actions.' In fact, Binger insisted, none of the people whom Rittenhouse shot, 'posed an imminent threat to the defendant's life or to cause great bodily harm.' 'Put yourself in the defendant's position,' he told them. 'Would you have made any of the reckless decisions he did? Would have you done the same thing? 'Would you have gone out after curfew with an AR-15 looking for trouble? Would you have used the gun to protect an empty car-lot? 'No reasonable person would have done these things. The defendant provoked everything.' Wrapping up a closing statement, that lasted two hours and eight minutes, Binger concluded that there was no doubt that Rittenhouse had committed the crimes. He said 'The question is whether or not you believe his actions were legally justified. 'I submit to you that no reasonable person would have done what the defendant did and that makes your decision easy. 'He is guilty of all counts.' EXCLUSIVE: 'Binger was set up for failure!' Kenosha DA knew the case against Kyle Rittenhouse was a losing proposition and passed the buck to Thomas Binger whose presentation has been marked with missteps and clashes with the judge The choice of prosecutor for Kyle Rittenhouse's murder case could be a precise pointer as to how little confidence the County District Attorney had in securing a conviction. Mike Graveley, the Kenosha County DA would normally have taken the case himself, but instead handed it down to prosecutor Thomas Binger, whose presentation of the case in Wisconsin has been marked with missteps and clashes with Judge Bruce Schroeder. 'Binger was set up for failure,' one Kenosha legal insider told DailyMail.com. 'Graveley is the superstar and he knew this one was sure to tarnish it.' According to conservative outlet Milwaukee Right Now, Graveley 'pawned the case off to his unfortunate assistant district attorney, Thomas Binger, who was left to spin gold out of a pile of self-defense straw.' Now court observers believe that even if Rittenhouse is found guilty, Binger's performance has given him good grounds for appeal. 'He has said things in court that have been ruled out of order, but once they have been said, you can't unring that bell,' Kevin Mathewson, a criminal defense investigator and former Kenosha City alderman told DailyMail.com. 'This is how Binger has always operated. He pushes the envelope as far as he possibly can — but this time the whole world is watching him.' Binger, 51, a graduate of the University of Michigan Law School is no rookie. He has been an assistant DA in Kenosha County since 2014, and first prosecuted cases in Milwaukee County back in 1999 Binger's presentation of the case in Wisconsin has been marked with missteps and clashes with Judge Bruce Schroeder Mathewson, who was unsuccessfully sued over a Facebook page in which he asked for people to turn up with guns to defend property during the August 2020 Kenosha riots, has been a frequent critic of Graveley's office. But he says he respects the DA's prosecuting skills. 'He is by far the best prosecutor in the office and he should be the one prosecuting the Rittenhouse trial — the most high-profile and difficult case his office is ever likely to handle. 'It's not that he hides from publicity. Earlier this year he prosecuted a teenager called Martice Fuller who killed his high school sweetheart and shot at her mother. 'That was a high-profile case, but it wasn't a difficult case to prosecute,' added Mathewson. 'There was video of the shooting. 'Just about any prosecutor could have got a conviction.' Mathewson is not the only one who is hammering Graveley for his absence from the Rittenhouse case. Graveley himself said he would not lead the prosecution as he was investigating the case against the cop who shot Joseph Blake, leading to the unrest in Kenosha during which Rittenhouse shot and killed Joseph Rosenbaum and Anthony Huber. Gravely — who was named Wisconsin's prosecutor of the year earlier this month — decided way back in January that the officer should not be prosecuted for the shooting which left Blake paralyzed. The DA also said he has to prosecute another case which will likely start before the Rittenhouse case is over. But those excuses are getting short shrift from some, who believe Rittenhouse either should never have been prosecuted or should have faced lesser charges. 'It's time to put DA Mike Graveley's picture on a milk carton,' wrote Milwaukee Right Now. Graveley's office did not immediately respond to a request for comment. Binger has at times seemed out of his depth as Judge Schroeder and Rittenhouse's defense team tear into him for a series of missteps. Former Milwaukee County assistant district attorney Daniel Adams described Binger's case as 'incredibly underwhelming.' 'He's got nothing,' Adams told the Associated Press. 'I just don't understand it. What are we doing here? We're all kind of scratching our heads.' Binger, 51, a graduate of the University of Michigan Law School is no rookie. He has been an assistant DA in Kenosha County since 2014, and first prosecuted cases in Milwaukee County back in 1999. On his LinkedIn page the father-of-three says: 'I was a criminal prosecutor handling misdemeanor and felony cases, including illegal firearms cases. I also handled child welfare cases, specializing in termination of parental rights cases.' Mike Graveley, the Kenosha County DA, would normally have taken the case himself, but instead handed it down to prosecutor Thomas Binger. 'It's time to put DA Mike Graveley's picture on a milk carton,' wrote Milwaukee Right Now After six years prosecuting, he went into private practice as director of litigation for a business law firm before joining the Kenosha County DA's office. He ran unsuccessfully as a Democrat for the post of District Attorney in neighboring Racine County in 2016, saying: 'In the last two years as a prosecutor, I have won 13 jury trials. I have convicted murderers, rapists, child molesters, drug dealers, drunk drivers, home-invading burglars and men who abuse women.' One of the most notable cases he has previously prosecuted was of a former New Jersey fire captain who was jailed for five years in 2017 for possessing child pornography and exploiting a child for sexual purposes. Binger insisted the sentence was not enough, telling Essex News Daily, 'The state recommended 16 years.' He was also forced to withdraw a case against Guy Smith, a trucker who was found with a gun in his cab. Smith's defense attorney pointed out the law specifically allowed handguns in vehicles without a concealed carry permit, the Milwaukee Journal Sentinel reported. The Smith case was also heard by Judge Schroeder. But those cases had nothing like the media spotlight that has shone on the Rittenhouse case. Binger's role has been controversial since the start. He took the unusual step of objecting to the attempt by California attorney John Pierce to represent Rittenhouse, saying in a six-page motion to the court that Pierce's presence could 'materially prejudice' the case. He said Pierce's 'personal financial difficulties raise significant ethical concerns,' adding: 'Given his own substantial personal debts, his involvement with an unregulated and opaque 'slush fund' provides ample opportunity for self-dealing and fraud 'Money that should be held in trust for the defendant may instead be used to repay Attorney Pierce's numerous creditors.' Pierce, who claimed the case against Rittenhouse was a 'political prosecution' eventually withdrew, leaving the defense in the hands of lawyer Mark Richards. Binger has continued to clash with Judge Schroeder throughout the trial and even in pre-trial hearings Binger clashed with Schroeder in pre-trial hearings. Last month the judge ruled against him saying that the men shot by Rittenhouse could not be called 'victims' during the trial but allowed a defense motion which allows them to be called rioters, looters or arsonists. Binger said those words were more loaded than 'victims.' The prosecutor also lost the chance to link Rittenhouse to the right-wing Proud Boys movement. And Schroeder later slammed him after he argued that defense lawyers should not be able to tell jurors about the destructive actions of Joseph Rosenbaum, one of the men Rittenhouse admits killing, including setting a dumpster on fire. 'All we're talking about is arson. We're talking about being loud and disorderly,' Binger said. Schroeder immediately cut him off. 'I can't believe some of what you're saying,' he said in a raised voice. 'All we're talking about is arson? Come on!' During this month's trial, Schroeder reprimanded Binger for bringing up a video in which Rittenhouse had talked about wanting to shoot shoplifters. Schroeder had previously ruled that inadmissible 'You're an experienced trial attorney and you're telling me when the judge says, 'I'm excluding this' you decide to bring it in because you think you've found a way around it,' Schroeder asked. Binger replied: 'You can yell at me if you want. I was acting in good faith.' Judge Schroeder responded: 'I don't believe you. When you say you were acting in good faith, I don't believe you. There better not be another incident.' Rittenhouse's defense accused Binger of knowingly attempting to throw the proceeding because they were going badly for the state. The defense on November 10 demanded a mistrial with prejudice, which would mean that Rittenhouse walks free and a retrial is not possible. Schroeder said he is taking that request under advisement. All rights reserved for this news site (dailymail) and under his responsibility