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Rittenhouse Defense Moves for Mistrial (w/ prejudice) Citing Withheld Evidence and Overreach

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Updated November 17th, 2021

Since the original publication of this article, the Defense has added another charge to their motion to dismiss. Citing that the State withheld higher quality footage shot by a drone which is a “central” part of the State’s case. The Defense has made a point of the poor quality of the footage since it was introduced, and called it “out of focus hocus pocus”.

On November 10th, 2021, Kyle Rittenhouse took to the stand during the second week of his trial. And shared his point of view of the night’s events.

During cross-examination, the District Attorney (DA) Binger made two lines of questioning that caused the Judge to scold him.

One for violating his 5th amendment right to remain silent.

And two for using excluded evidence.

As a result, the Defense moved for a mistrial.

District Attorney Binger Inquires About Rittenhouse’s Silence

During his cross-examination of Rittenhouse, the DA began to ask Rittenhouse questions about his remaining silent up until this point. Saying that he had time to listen to everyone else before coming forward. The Defense objected, and the Judge asked the jury to leave.

After asking the jury to leave, the Judge scolded him for violating Rittenhouse’s rights. Stating that he may have strayed too far, but if he hadn’t, he was close to crossing the line into a mistrial.

DA Uses Excluded Evidence

The jury re-entered the courtroom, and the prosecutor continued to cross-examine Rittenhouse. But then the DA began to use excluded evidence in his questioning. The Judge had ordered the court not to discuss the evidence in the trial.

After dismissing the jurors again, then the Defense moved the court to “strongly admonish” Binger and dismiss the trial with prejudice if he does it again. Alleging that as an experienced prosecutor, Binger must be doing it intentionally to cause a mistrial. At which point, the Judge scolded Binger again and was warned not to do it again.

Motion to Call for Mistrial (With Prejudice)

After more questioning to Rittenhouse from the DA, the court recessed. And when it came back in session, the Defense moved the court for a mistrial with prejudice.

DA Binger explained his actions. But the Judge said he did not believe him but would give him a chance to respond.

Then the Judge told the Defense and would take the motion under advisement, and the Rittenhouse Trial continued.

The original motion for a mistrial, with prejudice, was re-addressed with the Court on Monday morning on the 15th of November. The motion is still being taken under advisement.

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