Thomas Binger
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Thomas Clair Binger is an American lawyer and government official who has served in the role of Kenosha County
Assistant District Attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a lo ...
since 2014. He was raised in
Sioux Falls, South Dakota Sioux Falls () is the most populous city in the U.S. state of South Dakota and the 130th-most populous city in the United States. It is the county seat of Minnehaha County and also extends into Lincoln County to the south, which continues up ...
, where he attended the local Washington High School. He ran unsuccessfully as a
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
for the office of the Racine County District Attorney in 2016. He served as the lead prosecutor in the 2021 trial of
Kyle Rittenhouse Kyle Howard Rittenhouse (born January 3, 2003) is an American known for shooting three men, two fatally, during the civil unrest in Kenosha, Wisconsin, in August 2020 when he was 17 years old. At his trial in November 2021, a jury found Ritten ...
following the 2020 Kenosha unrest shooting, which ended in Rittenhouse's acquittal.


Early life and education

Binger is a native of Sioux Falls, South Dakota. He attended Washington High School in Sioux Falls. While in high school, he competed nationally as a member of the high school's
debate team Debate is a process that involves formal discourse on a particular topic, often including a moderator and audience. In a debate, arguments are put forward for often opposing viewpoints. Debates have historically occurred in public meetings, a ...
, earning 4th place in a national debate competition alongside his debate partner. Binger earned his Juris Doctor from the
University of Michigan Law School The University of Michigan Law School (Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparative Law (MCL ...
in 1996.


Legal career

Between 1999 and 2005, Binger worked for the
Milwaukee County District Attorney The Milwaukee County District Attorney is a state constitutional officer responsible for criminal prosecution in Milwaukee County, Wisconsin. The current district attorney is John T. Chisholm, who has served since 2007. History The first Milwauk ...
's office as a prosecutor. In 2005, he argued a termination of parental rights case before the Wisconsin Supreme Court. The Supreme Court unanimously agreed with his argument that a biological father who has not yet been adjudicated as the father of a child may nonetheless have his parental rights termination for abandonment of the child prior to adjudication. In 2005, Binger began working in private practice at DeMark, Kolbe & Brodek S.C., where he focused on civil litigation. In 2008, he won a $540,000 jury verdict for a local developer. He joined the Kenosha County District Attorney's Office in 2014. In 2015, he served as a prosecutor in the murder trial of Chester Mass, who was accused of murdering his girlfriend. The trial resulted in the conviction of Mass on charges of first-degree intentional homicide. As of November 2021, he continues to work as an Assistant District Attorney for Kenosha County.


''State v. Rittenhouse''

Binger served as the lead prosecutor in the trial of Kyle Rittenhouse following the
Kenosha unrest shooting On August 25, 2020, Kyle Rittenhouse, a 17-year-old from Antioch, Illinois, fatally shot two men and wounded another man in Kenosha, Wisconsin. The shootings occurred during the protests, riots, and civil unrest that followed the shooting of ...
in which Rittenhouse shot three individuals. During the trial, prosecutors argued that Rittenhouse was seen as an
active shooter Active shooter or active killer describes the perpetrator of a type of mass murder marked by rapidity, scale, randomness, and often suicide. The United States Department of Homeland Security defines an ''active shooter'' as "an individual acti ...
and had provoked the other participants while defense lawyers argued the affirmative defense of
self-defense Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force ...
on the grounds that Rittenhouse had been chased and attacked. Hearings held prior to the start of the trial showed a contentious atmosphere between Binger and
Wisconsin circuit court The Wisconsin circuit courts are the general trial courts in the state of Wisconsin. There are currently 69 circuits in the state, divided into 10 judicial administrative districts. Circuit court judges hear and decide both civil and criminal cas ...
judge Bruce Schroeder, who presided over the criminal case. In February 2021, Schroeder declined a motion by Binger to have Rittenhouse arrested after Rittenhouse allegedly violated conditions of his bail by failing to report a change of address. In a separate pre-trial hearing that took place in October 2021, Schroeder ordered Binger to refrain from referring to witnesses as "victims", drawing ire from Binger. Schroeder and Binger would continue to clash multiple times throughout the trial itself. Binger drew sharp criticism from Schroeder for his line of questioning directed towards Rittenhouse; Schroeder deemed a portion of the cross-examination of the defendant that challenged the motivation for Rittenhouse's post-arrest silence to be a "grave constitutional violation", referring to the right to remain silent guaranteed by the Fifth Amendment, and admonished Binger for bringing up aspects of a prior incident involving Rittenhouse that had been previously ruled inadmissible. Later, Binger criticized Schroeder for what he described as a "fairness issue" pertaining to the judge's handling of the defense's introduction of evidence into the trial. Citing state ethics guidelines, Binger told media on November 16 that he would not make public comments about the trial following a jury verdict. Three days later, Rittenhouse was
acquitted In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...
on all charges by the jury.


Political career

In 2016, while working as a Kenosha County Assistant District Attorney, Binger unsuccessfully ran for the office of the Racine County District Attorney. Binger announced his candidacy in a Facebook post on April 25, 2016, stating that he would seek election to the role as a candidate of the Democratic Party. His
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
opponent, Tricia Hanson, announced her candidacy the following day. Binger focused his campaign on two top priorities—to address local problems caused by the
opioid epidemic in the United States In the United States, the opioid epidemic (also known as the opioid crisis) is an extensive ongoing overuse of opioid medications, both from medical prescriptions and from illegal sources. The epidemic began in the United States in the late ...
and to improve coordination between the Racine County District Attorney's office and the local victim's office, which provides support to crime victims. He campaigned to create a treatment program for non-violent drug offenders in which drug addicts would be administered
Naltrexone Naltrexone, sold under the brand name Revia among others, is a medication primarily used to manage alcohol or opioid use disorder by reducing cravings and feelings of euphoria associated with substance use disorder. It has also been foun ...
over a twelve-month period in order to allow addicts to avoid prison. He argued that the treatment program would help to reduce the aggregate demand for illegal drugs in Racine County. Binger also supported the creation of separate mental health courts and sought to reduce what he described as racial disparities in how Wisconsinites are arrested and prosecuted. Financing for Binger's campaign came largely from lawyers and political committees. He received financial support from local affiliates of the Democratic Party, a
United Auto Workers The International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, better known as the United Auto Workers (UAW), is an American labor union that represents workers in the United States (including Puerto Rico) ...
–affiliated PAC, as well as the campaign of then-Wisconsin state representative
Cory Mason Cory D. Mason IV (born January 25, 1973) is a Democratic Party politician and the mayor of Racine, Wisconsin. From 2007 to 2018, Mason served as a member of the Wisconsin State Assembly representing the city of Racine and eastern Racine County. ...
. He also financed his campaign with a ten-thousand dollar loan from himself, as well as donations from other individual and group donors. Binger lost the election to Hanson; Binger earned 36,988 votes while Hanson earned 51,074 votes.


Personal life

As of 2016, Binger was a resident of Caledonia, Wisconsin, and had lived in Racine County for over ten years. As of November 2021, Binger has had three children with Nicole Gustafson-Binger, a mental health counselor.


References


External links

* {{DEFAULTSORT:Binger, Thomas Wisconsin lawyers Wisconsin Democrats Sioux Falls, South Dakota South Dakota lawyers Wisconsin local politicians University of Michigan Law School alumni American prosecutors People from Sioux Falls, South Dakota People from Kenosha County, Wisconsin People from Caledonia, Wisconsin Living people Year of birth missing (living people) 20th-century American lawyers 21st-century American lawyers