Last Updated on February 17, 2022
Kenosha detectives did not execute a search warrant for the phone of armed rioter Gaige Grosskreutz despite obtaining one. According to Detective Martin Howard, this has been the only time a search warrant has not been executed during his three-year career as a detective. Howard was cross-examined by Rittenhouse defense attorney Mark Richards on Wednesday.
Detectives seized hours of video footage of the event from witnesses and bystanders with Grosskreutz being the lone exception. Despite having a search warrant in hand while Grosskreutz and his lawyer interviewed with the Kenosha police, it was not executed and his phone was not seized. Grosskreutz was the only person of interest whose phone was not downloaded. Similarly, his interview with police detectives was not recorded.
Gaige Grosskreutz was shot in the arm after faking a surrender then raising a handgun towards Rittenhouse’s head. He has a criminal record for burglary and is allegedly a member of the People’s Revolution Movement of Milwaukee, a radical left-wing group. Grosskreutz later remarked that this his only regret was “not emptying the entire mag into him”, referencing Rittenhouse.
Gaige Grosskreutz raised a loaded handgun at Kyle Rittenhouse. There is no dispute on this. pic.twitter.com/MEWPwubqa2
— Handbrake Poso (@JackPosobiec) October 29, 2021
In addition to not having his phone seized, the interview between Gaige Grosskreutz and Kenosha PD was not recorded. Interviews with other witnesses and persons of interest were recorded, including those with Daily Caller reporter Richie McGinniss, live-streamer Keorri Washington and Dominick Black. When asked if any other complaining witnesses had not had their police interviews recorded, Howard answered “no.”
In addition to being an exception for the Rittenhouse case, Grosskreutz represented the first instance in detective Howard’s career that a search warrant for a phone download had not been served.
When Richards asked why the warrant was not served, Howard told him that concerns had been raised regarding Marsy’s Law. Andrew Branca of Self Defense LLC describes Mary’s Law as “a crime victim’s rights law” that includes provisions to protect the privacy of crime victims. In this case, Grosskreutz was classified as a crime victim, a status that excused him from the search warrant.
Richards then asked Howard who had raised concerns regarding Mary’s Law. Howard testified that the concerns were raised by Assistant District Attorney Thomas Binger, who is the lead prosecutor in the Rittenhouse case. Howard also confirmed that he had never been instructed not to serve a warrant over Mary’s Law concerns before or after that instance.
The decision not to record the interview was made by Detective Benjamin Antaramian. The detective belongs to the same family as Mayor John Antaramian and city attorney Ed Antaramian.