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Oklahoma lawmaker tables ‘Kyle’s law’ to fight ‘malicious lawsuits’

An Oklahoma state senator on Tuesday introduced a bill titled “Kyle’s Law,” modeled on Kyle Rittenhouse’s trial, to protect Oklahoma residents exercising their right of self-defense against a lawsuit for “Political reasons”.

State Senator Nathan Dahm (R-Broken Arrow) said the legislation, also known as Senate Bill 1120, is designed to ensure that “victims of malicious prosecution” can receive compensation for expenses and costs. damage. If the bill becomes law, if a person charged with murder is found not guilty by reason of justifiable homicide, the state should reimburse that person for all reasonable costs “including lost wages, legal costs incurred. and other expenses incurred for its defense. . “

The statement goes on in part:

When a homicide is determined to be justified and the accused establishes that he suffered injuries as a result of malicious prosecution, then that person will be awarded “fair and equitable compensation”.

SB 1120 further states that in order to substantiate an allegation of malicious prosecution, the applicant must establish that the prosecution was initiated or instigated by the prosecutor and was without probable cause; that the proceedings had been legally and definitively closed in favor of the applicant; and that as a result of the criminal proceedings the plaintiff suffered injuries.

Malice can be established if the motive for the prosecution was other than the desire to bring an offender to justice, or it was a motive of ill will or hatred, or committed deliberately in a wanton or oppressive manner and in conscious disregard of the applicant’s will. rights. Under the law, a prosecutor can be held personally liable to a plaintiff if an abusive prosecution is established.

The bill was introduced just days after Rittenhouse was acquitted of all charges related to his defense against three rioters during a Black Lives Matter riot on August 25, 2020, in Kenosha, Wisconsin. Rittenhouse shot and killed James Rosenbaum, who threatened to kill him and took his gun, and Anthony Huber, who hit Rittenhouse in the head and neck with a skateboard and also attempted to grab his gun. Rittenhouse shot and injured a third man, Gaige Grosskreutz, who pointed a pistol at him.

Rittenhouse was immediately called a “white supremacist” by many, including then-presidential candidate Joe Biden, and was called “vigilant” by corporate media. During his trial, Rittenhouse came under questioning from an arguably vicious prosecution – the judge at one point accused Deputy District Attorney Thomas Binger of a “serious constitutional violation” for casting suspicion on Rittenhouse exercising his right to remain silent before trial.
Binger also told the jury that Rittenhouse lost the right to defend himself because he brought an AR-15 to a riot, made fun of the teenager for collapsing at the stand and broke the rules. basic gun safety by pointing a rifle towards the courtroom. Another prosecutor, James Kraus, told Rittenhouse he should have let himself be attacked because “everyone gets hit sometimes.”

Rittenhouse told Fox News’ Tucker Carlson that he believed Binger was more interested in advancing his own interests than reaching a fair verdict.

“They knew I was innocent, but they still decided to bring these charges to make a name for themselves – to have a name. They wanted my head on their shelf, ”he said, noting that Binger is a“ corrupt person who just wants to make a name for himself and not look at the facts ”.

He continued:

I was a fan of prosecutors, not anymore: I think there are still good prosecutors. This is the attorney general who wants to make a name for himself, and he’s supposed to be telling the truth and nothing but the truth, but he decided he wanted to lie and try to put me in jail for the rest of my life for to have defended myself.

Senator Dahm said he hopes passing his bill will ensure that what happened to Rittenhouse never happens to anyone else:

Kyle Rittenhouse should never have been charged. Video evidence from the start showed it to be self-defense. It is our duty to protect the rights of the people we represent, and the right to self-defense is paramount. This bill will ensure that what happened to Kyle Rittenhouse cannot happen to the people of Oklahoma. “

Katherine Hamilton is political reporter for Breitbart News. You can follow her on Twitter.



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