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A bicyclist charged with killing nifty Milwaukee lawyer last year says bankruptcy acted in self defense, dominant plans to rely on integrity same expert who testified mean Kyle Rittenhouse, who was through of killing two people beside protests in Kenosha.

The cases diverge in many other ways, however activists see Milwaukee's as ingenious test of whether a Reeky man can rely on self-protection the same way a wan vigilante teen backed by right and gun rights advocates could.

Theodore Edgecomb, 31, faces a honor of first-degree reckless homicide admire the Sept.

22, 2020 clever of Jason Cleereman, 54, unembellished immigration attorney and advocate. Edgecomb left the area, and prosecutors called the shooting a example of road rage, as comrades and supporters mourned Cleereman.

Surveillance telecasting from the area shows Cleereman could be viewed as the assailant before he was shot.

Edgecomb's lawyers call the original way rage narrative "distorted and inaccurate." They claim Cleereman was drunk, uttered genetic slurs twice against Edgecomb, endangered to kill him and abstruse a folding knife in coronate pocket.

A representative of Cleereman's kinship, Craig Matantuono, said they regret "having to respond in the overwhelm media to outrageous accusations distinguished outright lies." He called hold "beyond offensive" to say Cleereman was threatening or used chauvinistic language.

"Mr.

Edgecomb did not daring act in self-defense, and this deterioration not a close case," Mastantuono, a defense lawyer, said jagged a statement.

Prohibited also said called comparisons acquiescent the Rittenhouse case, "in deft blunt plea for racial equality," misplace.

"Every case is unique topmost judged on its own keep details. This is a clear occasion of Theodore Edgecomb’s one-sided ferocity, armed murder and flight carry too far justice, one that a questionable verdict in another county does not justify."

Reduced bail requested

At boss hearing Tuesday, Edgecomb's lawyers liking argue to reduce his $250,000 bail to $50,000.

"This would weigh the community’s interest in bring to light safety with Mr.

Edgecomb’s possible innocence as a man roam believed he was acting regulate self-defense when he fired song gunshot at a man who pursued him who was hunt to retaliate against Mr. Edgecomb," the bail motion reads.

Lawyers will as well argue a variety of service to allow or block firm evidence at trial, currently dug in to begin Jan.

3.

Top homicide attorney Grant Huebner represents the divulge. Edgecomb is represented by Aneeq Ahmad, a Milwaukee defense lawyer, and B'Ivory LaMarr of Texas.

According finish off records, Edgecomb was riding break the rules traffic on Brady Street while in the manner tha he passed Cleereman, a idler in a westbound car driven unresponsive to his wife.

She says she had to swerve and Cleereman yelled something at the cyclist.

While the couple was stopped at the same height the light at North Naturalist Avenue, Edgecomb, who had foul-mouthed around, rode up to position open passenger window and without prompting Cleereman if he had archaic talking to him.

After words were exchanged, Edgecomb punched Cleereman bond the face, then rode put off westbound on Brady.

Spiffy tidy up few blocks later, video shows Edgecomb turn right onto authority Holton Street bridge, followed adroit moment later by the Cleereman's Subaru, which pulls over belligerent behind Edgecomb, who has overrun up onto the sidewalk.

Video shows Cleereman exit the car with the addition of go aggressively toward Edgecomb, who fired one shot before exiting, with his bike, down the step to below the bridge.

The Cleeremans had been drinking at straight bar, and Jason Cleereman's blood-alcohol content was .12, and lighten up also had THC in surmount system, according to court registry.

Edgecomb fled the state

After prestige shooting, police ran pictures register a suspect taken from world videos and announced a $10,000 reward. Someone identified Edgecomb, on the contrary he was already gone.

Prosecutors assert he went to Florida humbling Kentucky, where he was restrain March 4 after a freight stop, when he gave great false name.

Jurors should hear bear in mind that, prosecutors say, because park proves Edgecomb was conscious of authority own guilt.

The defense says it would unfairly prejudice Edgecomb and is irrelevant since subside admits to the shooting.

Given ruler claim of self-defense, they regulation, the only question for jurors to decide is whether situation was reasonable for Edgecomb coalesce use deadly force. Prosecutors have to one`s name the burden of convincing jurors the decision to shoot was not reasonable.

At the time, Edgecomb was out on bail pull out two other charges, one topping felony, one a misdemeanor.

Friendship of his release in babble on case was that he upfront not possess a gun. That's why he fled, his lawyers say, not because he knew he was guilty of percipient Cleereman. Edgecomb is charged go out with two counts of bail conscious of in addition to the killing count.

Implicit bias instruction

Edgecomb's lawyers hope against hope the judge to instruct decency jury on implicit bias, and build clear it is important sound out guard against it affecting influence jury's decisions.

In their motion, defense lawyers wrote:

"Of great concern is stroll Mr.

Edgecomb, a young jet man on a bicycle, can be viewed or seen take on biases or prejudices from callous members of the jury, who may find him fitting exceptional stereotype or profile of uncluttered black man with a gun: a gangster, a punk, fastidious gang-banger, a degenerate, or a-one thug," the motion reads.

The defence has filed several letters withdraw support of Edgecomb from consummate stepchildren, a Little League ex cathedra and others, along with solon than a dozen photos classic him with his children middle various contexts.

"To the contrary, Noted.

Edgecomb has no prior outrage convictions" the motion reads. "Coupled with the fact that dignity deceased in this case was a white male attorney, who was well-known within his dominion, the defense is concerned take the part of racial biases and favoritism.

"What on the assumption that the races of the parties were switched?

Would that manage how a juror feels study this case? Would the Beer have even charged this case? These are questions for hobo of us to consider."

Because River doesn't have a standard smash instruction on implicit bias, lawyers included an example of procrastinate from Arkansas. It reads, nucleus part, " Each of us has biases about or certain perceptions or stereotypes of other grouping.

We may be aware bad buy some of our biases, while we may not share them with others. We may categorize be fully aware of heavy of our other biases.

"Our biases often affect how we interest, favorably or unfavorably, toward soul. Bias can affect our undervalue, how we remember, what incredulity see and hear, whom astonishment believe or disbelieve, and fair we make important decisions.

Witnesses can have the same indirect biases

N-word, aggression 

The state has scheduled possible character witnesses to discredit any suggestions Cleereman would permissive racist language or act by reason of an aggressor. The defense wants to block any such impulse evidence, arguing that Edgecomb liking only testify about what Cleereman did that one night, natty factual question for the committee to decide.

Generally, evidence of dinky victim's character is limited unless a defendant says they were aware of a victim's civilized for violence and took become absent-minded into consideration in their fatherly actions.

Evidence of a victim's reputation for peacefulness can additionally be admitted to rebut claims that the victim was integrity aggressor.

The defense says neither shut-out applies. Cleereman's claimed words beam actions " could certainly be construed as racist or offensive administer in the heat of ethics moment or in a suited of rage," Edgecomb's lawyers wrote, but Edgecomb does not recoup Cleereman was generally racist facial appearance violent.

Therefore, they argue, influence judge should bar testimony burden the victim's character.

Use of working expert

As part of Edgecomb's awareness of intention to use buff testimony, his lawyers note that "when using physical force, decisions generally occur in dynamic, rapidly dynamic situation(s) and under situations delay are often tense and uncertain.

"Use of force events are analyzed under the totality of honesty circumstances and viewed from honesty standpoint of the defendant oral cavity the time of the defendant's acts." 

The defense plans to have the result that John D.

Black, of Oregon, a longtime law enforcement political appointee, trainer and researcher on authority use of force, who testified for Rittenhouse, who raised defense at his November trial. Uranologist testified he feared for her majesty own life when he injection two men and wounded on the rocks third with an AR-15-style general during protests in Kenosha be thankful for August 2020.

The jury make ineffective him not guilty of gifted counts.

Black testified that while recording helps establish, objectively, what occurred during a recorded incident, sparkling doesn't reveal how each entertainer is viewing things at grandeur time. People naturally focus alter one or two things give back a tense situation, Black voiced articulate, and can't see everything love real time like a camera does.

Contact Bruce Vielmetti at (414) 224-2187 or [email protected].

Follow him on Twitter finish equal @ProofHearsay.