Last Updated on November 10, 2021
The defense team for Kyle Rittenhouse have called for a mistrial with prejudice, citing prosecutorial misconduct. The judge in the case lambasted the prosecution team for not operating on “good faith.”
Kyle Rittenhouse, the teenager who allegedly shot three individuals during a riot in Kenosha last year, is currently on trial for murder of two of them. During the trial, the prosecution team engaged in various actions that resulted in them being lambasted by Judge Bruce Schroeder.
After Thomas Binger, the attorney for the prosecution, commented on Rittenhouse exercising his 5th Amendment rights before the trial. In response, Schroeder declared it was a “grave constitutional violation for you to talk about the defendant’s silence. You’re right on the borderline. You may be over it, but it better stop.”
The judge just chewed out Binger for a “grave constitutional violation” by commenting on Kyle Rittenhouse’s right to remain silent. pic.twitter.com/S1KT3xrs4A
— Viva Frei (@thevivafrei) November 10, 2021
The defense later argued that the actions of the prosecutors were deliberately “attempting to provoke mistrial.”
“He knows he can’t go into this, and he’s asking the questions. I ask the court to strongly admonish him and the next time it happens, I’ll be asking for a mistrial with prejudice,” the defense told the judge. Binger began arguing with the judge, and told him that the “court left the door open…” before the judge stepped in and screamed “For me! Not for you!”
JUST IN: Judge in Kyle Rittenhouse case sends jury out, agrees with defense, then begins screaming at the prosecution.
"When you began your examination by commenting on the defendant's post arrest silence, that's basic law," the judge charged. "I don't know what you're up to." pic.twitter.com/nOdRo7AJYK
— National File (@NationalFile) November 10, 2021
The prosecution team continued to engage in astonishing practices, such as attempting to circumvent Schroeder’s ruling from September that stopped the discussion of a lunch meeting Rittenhouse had with members of the Proud Boys.
As a result, the defense team declared that they would be making a motion for a mistrial, but that it would be a mistrial with prejudice, so charges could not be brought back again. “I’m aware that the court is aware that normally a defense motion for a mistrial does not preclude a retrial,” the defense team said. “There are exceptions to that however.”
BREAKING: Rittenhouse defense requests mistrial with prejudice pic.twitter.com/jMvW2q69Lv
— Kyle Hooten (@KyleHooten2) November 10, 2021
Following the mistrial demand from the Rittenhouse defense team, Binger once again faced off with Judge Schroeder about inputting further evidence that had been excluded. “This is my good faith explanation to you, and if you want to yell at me you can, my good faith feeling this morning after watching that testimony was you left that door open a little bit, now we have something new, and I was going to probe it,” Bingham said, to which Schroeder exclaimed that he didn’t believe him.
“There better not be another incident. I’ll take the motion under advisement, and you can respond. When you say that you were acting in good faith, I don’t believe that okay,” Schroeder continued.
I DON’T BELIEVE YOU! pic.twitter.com/woJMGQZ1ea
— Kai Clips (@KaiSchwemmer) November 10, 2021
National File previously reported that Binger asked the defendant if he chose his AR-15 because it “resembled the type of weapons used in first-person shooter video games” like “Call of Duty,” and collectively accused all gamers of trying to “pretty much trying to shoot everyone who comes at you.”
The prosecutor in the Kyle Rittenhouse trial is now bringing up violent video games
This is a literal clown show pic.twitter.com/KQX0SPMnrd
— Greg Price (@greg_price11) November 10, 2021