OPINION: This article may contain commentary which reflects the author's opinion.
The defense team for Kyle Rittenhouse submitted a request for a mistrial late on Wednesday.
Earlier this week, the defense had motioned for a mistrial with prejudice alleging that the prosecution withheld drone footage from the night Rittenhouse killed two men and injured another in Kenosha, Wisconsin.
According to The New York Times, defense lawyer Corey Chirafisi made a separate request late on Wednesday for a mistrial.
“We didn’t have the quality of evidence that the state had until the case had been closed,” he told Judge Bruce Schroeder.
The Times reported the defense is now “asking for a mistrial ‘without prejudice’ — meaning that prosecutors could refile charges — arguing that they did not have access to a high-quality video that most fully captures the first of the three shootings.”
According to the Milwaukee Journal Sentinel, the defense originally received a lower quality version of the drone footage and says they were not given the high-definition version until Saturday.
“On Friday, the parties had rested, and we were going to open our closings on Monday,” Chirafisi said. “We’ve talked to Mr. Rittenhouse, and I’m going to be asking the court for a mistrial.”
“We watched the video. I can tell you what we think, but it doesn’t matter what we think, because we don’t get to present that to the jury anymore,” Chirafisi said. “And I think if we’re going to try to do this in a way that is free from anybody hiding anything, anybody not having the same evidence as everybody else has … we have to ask for this, and I’m asking for it.”
Schroeder has not yet ruled on the motion for a mistrial with prejudice, which would prevent a retrial for current charges against Rittenhouse.
If Judge Schroeder grants the motion for a mistrial without prejudice, a retrial would be possible.
The Kyle Rittenhouse trial could be over any day now as the jury is deliberating the case and preparing to deliver a verdict.
Assistant District Attorney Thomas Binger has been repeatedly scolded by Kenosha County Judge Bruce Schroeder for his behavior, comments, and numerous attempts to use shady evidence against Rittenhouse.
But Binger’s most embarrassing moment may have come when he pointed an AR-15 at people inside the courtroom.
Binger was demonstrating something with the weapon but ironically didn’t consider basic gun safety during the demonstration — which is even more ridiculous because he has been trying to claim Rittenhouse was reckless with a firearm.
In the images below, Binger not only pointed the weapon towards people in the courtroom, he also had his finger on the trigger.
This lady's face 😂 pic.twitter.com/QqbVw8vV5n
— Kevin McMahon (@Kevin__McMahon) November 15, 2021
Wasn't this guy lecturing Kyle Rittenhouse about gun safety? pic.twitter.com/iBh6zzV3SI
— Kevin McMahon (@Kevin__McMahon) November 15, 2021
It's subject to prosecution under Wisconsin penal law pic.twitter.com/H3BQ1659gR
— Defund the Thought Police (@BillySullivan7) November 15, 2021
Uh-oh, @PolitiBunny & @wjjhoge, it looks like that dumb prosecutor committed a misdemeanor in courthttps://t.co/ld2qOlCpf6 https://t.co/ClGJJxnjYN
— (((Aaron “Worthing” Walker))) (@AaronWorthing) November 16, 2021
Judge Schroeder instructed the jury this week that they must make its decision on its own, without interference from anywhere — including Joe Biden and others.
The jury began deliberations on Tuesday morning, but not before Schroeder gave them a solid piece of advice.
“You will pay no heed to the opinions of anyone — even the president of the United States or the president before him,” Schroeder said.
WATCH:
Rittenhouse’s defense team filed a motion with Schroeder to have his case dismissed over allegations of prosecutorial misconduct.
“The state has repeatedly violated instructions from the Court, acted in bad faith, and intentionally provided technological evidence which was different from theirs,” the motion reads.
“For those reasons, the Defendant respectfully requests the Court find ‘prosecutorial overreaching’ existed, that overreaching was intentional and in bad faith and thereby grant the defendant’s motion for a mistrial with prejudice,” the filing read.
As of this writing, Shroeder had not ruled on the motion and both sides were preparing for closing arguments before the murder case heads to the jury.
Last week, Schroeder dismissed a charge of illegal possession of a firearm against Rittenhouse, a misdemeanor, after his lawyers successfully argued that under Wisconsin law, he was legally able to carry the AR-15 type rifle he possessed in public.
As to the dismissal, last week during testimony Schroeder repeatedly took Assistant District Attorney Thomas Binger to task over various violations of protocol and previous court instructions.
“You’re right on the borderline. You may be over. But it better stop,” the judge noted.
He also dismissed the jury for a second time during cross-examination when Binger asked the teen about an Aug. 10, 2020, incident that was barred under a pre-trial order.
“You should have come and asked for reconsideration!” Schroeder yelled, before clarifying for the record he was holding it open for bias towards denial.
“Why would you think that that made it okay for you to bring this matter before the jury?” Schroeder told Binger.
“I was astonished when you began his examination by commenting on the defendant’s post-arrest silence. That’s basic law. It’s been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that!” he added. “I don’t know what you’re up to.”
In objecting, the defense responded that Binger is an experienced trial attorney who should have known better. Binger defended himself by saying he was merely attempting to impeach Rittenhouse’s testimony.
“Don’t get brazen with me!” Schroeder screamed at Binger. “You know very well that an attorney can’t go into these types of areas when the judge has already ruled, without asking outside the presence of the jury to do so. So don’t give me that!”
“I don’t see the similarity [between the two incidents]. I said it couldn’t come in and it isn’t coming in, no matter what you think!” the judge said.
