Kyle Rittenhouse, Antioch teen charged in deadly Kenosha protest shooting, hearing date set as attorneys argue extradition would 'turn him over to the mob'

Shooting occurred during protests after Jacob Blake was shot by police
WAUKEGAN, Ill. (WLS) -- Kyle Rittenhouse, an Antioch, Illinois teen accused in deadly shootings during unrest in Kenosha, Wisconsin following the police shooting of Jacob Blake, was back in court Friday morning, where a date for his extradition hearing was set.

The Lake County, Illinois judge set the 17-year-old's extradition hearing for October 30.

Rittenhouse's attorneys are claiming politics are preventing his client from being treated fairly and that his extradition would "turn him over to the mob." Prosecutor's countered, saying Rittenhouse's extradition is a simple matter that has been dragging on for too long.

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Kyle Rittenhouse's defense team released a statement Friday saying that what the 17-year-old did is a clear-cut case of self defense.



Rittenhouse appeared in court virtually. He remained silent as his attorney argued Illinois should not extradite Rittenhouse to Wisconsin because the prosecution violates his constitutional rights.

Echoing a court filing Thursday, the defense said video from the Kenosha unrest following the police shooting of Jacob Blake shows Rittenhouse acting in self-defense.

But Kenosha prosecutors say that same evidence makes Rittenhouse criminally responsible for shooting and killing two people and injuring a third.

Also in Thursday's filing, the defense alleged prosecutors didn't follow proper procedure in building their case, another reason Rittenhouse's team feels this extradition should be blocked.

WATCH: What Antioch teen said just before deadly Kenosha protest shooting


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New video shows Kyle Rittenhouse being interviewed by an independent journalist the same night he allegedly opened fire on protesters in Kenosha.



But at the hearing, a visibly annoyed Lake County prosecutor suggested that by fighting extradition, the defense is delaying the inevitable.

"Judge, we can respond within three days, there doesn't need to be a briefing scheduled. The law is pretty clear cut out on this. This case has been dragging on now. We are already in October. We can have a response in three days," said prosecutor Stephen Scheller

"There is no reason to rush," said John Pierce, Rittenhouse's attorney. "There is a danger to this detainee. There is a presidential candidate in the heat of arguably the most heated election perhaps ever, certainly since 1860, that has inflamed the situation and recently asked that this detainee's due process rights be observed."

Kyle Rittenhouse appears virtually in Lake County, Ill. hearing


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Kyle Rittenhouse appears in court for a hearing in Lake County, Illinois. The Antioch teen faces murder charges in Kenosha, Wisconsin.



Rittenhouse's attorney argued that reactions from government officials, the media and the public, including threats on the 17-year-old's life, mean that sending him to Wisconsin would, "turn him over to the mob."

ABC7 Legal Analyst Gil Soffer said that will be a difficult case to make.

"Well, the argument is much more political than it is legal, that it's not a legal defense to say that he would be turned over to the mob," Soffer said. "It's a legal defense to say that he was arrested improperly, that the paperwork is entirely insufficient...that there are some serious constitutional defects with the entire process. To say that he'll be turned over to the mob is not an argument that's going to get much traction with the court."

Soffer said defense attorneys at this point are looking for anything they can make a case of as they are facing an uphill battle.

While all of this played out virtually, just outside the Lake County Courthouse, opposing protesters gathered. Some called Rittenhouse a patriot, while another man called him a murderer.

The Kenosha County district attorney's office told ABC7 that it disagrees with the defense's arguments based on both Wisconsin and constitutional law.

While Rittenhouse's arrest has become a rallying point for some on the right, with a legal defense fund that has attracted millions in donations, others see Rittenhouse as a domestic terrorist whose presence with a rifle incited the protesters.

The Associated Press contributed to this report
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