FBI’s controversial protest surveillance plane footage to be used in Kyle Rittenhouse trial

Prosecutors will attempt to weaken the defendant’s self-defence argument through infra-red footage shot at 9,000ft

Prosecutors are using never-seen-before footage FBI aeroplane surveillance, which they claim shows the movements of Kyle Rittenhouse before he killed two people.

Rittenhouse, 18, is charged with killing two white men and wounding another during a Wisconsin protest, following the police shooting of 29-year-old Black man Jacob Blake in August 2020.

When he was 17 years old, Kyle Rittenhouse broke an 8pm curfew imposed by city officials to travel from his house in Illinois to Kenosha, Wisconsin. He was responding to a plea on social media to protect neighbourhoods in the area.

Prosecutors will attempt to show through infra-red footage shot at 9,000 feet that Rittenhouse chased Joseph Rosenbaum, 36, first, which would weaken Rittenhouse’s self-defence claims that he was being chased by Rosenbaum, who was unarmed. The video shows people as grainy small dots, it does not identify people clearly by sight.

Although controversial, aerial surveillance is not unusual at high-profile demonstrations. A number of Black Lives Matter protests were monitored by law enforcement in May 2020, including those in California, Washington DC, Minnesota and Arizona. Police aeroplane surveillance was also used during the “Unite the Right rally” in Charlottesville, Virginia, 2017, at which white supremacist James Alex Fields Jr sped his car into a group of counter-protesters, killing one person and injuring 35.

(FBI via AP)

Taking aerial surveillance of people in public places is legal, but extended surveillance of one person is illegal. Critics say that surveillance breaches freedom and privacy, as it could result in authorities building information on an individual’s movements.

Mr Rittenhouse has pleaded not guilty to seven charges, including intentional homicide, reckless homicide, and recklessly endangering safety. His defence team is arguing self-defence.

Bystander footage captures Mr Rittenhouse being chased before shooting Joseph Rosenbaum. He then runs from the scene and falls, a number of people approach him. He is struck in the head with a skateboard by Anthony Huber, 26, Rittenhouse shoots Huber, and he dies from his wounds.

After being approached by Gaige Grosskreutz, 27, who is carrying a firearm, Mr Rittenhouse shoots Mr Grosskreutz, wounding him in the arm.

Mr Rittenhouse's $2m (£1.5m) bail fund, plus his legal defence fund were crowdfunded online.