The Daily Wire reports that the defense team for Kyle Rittenhouse has requested a “mistrial with prejudice,” claiming the prosecution inappropriately withheld key pieces of evidence.
The National Review reports that Bruce Schroeder, the judge in the case, “would take the motion under advisement” and that if a mistrial is declared, “Rittenhouse would be released and the State would not be permitted to re-try him on the same charges.”
Fears of how some will respond to the result of the trial prompted Gov. Tony Evers (D-Wisc.) to activate the National Guard.
The National Review report recaps some of the controversies in the trial.
After Assistant District Attorney Thomas Binger implied that Rittenhouse’s silence before the trial was potentially incriminating, the judge dismissed the jury and said the following to the prosecuting team:
“This is a grave constitutional violation for you to talk about the defendant’s silence, you’re right on the borderline, you may be over. It better stop… This is not permitted.”
The Review report adds: “After the lunch recess, Binger attempted to introduce evidence that Schroeder said he already ruled as inadmissible. Schroeder reacted angrily, accusing Binger of bending the rules in defiance of his ruling to admit banned evidence.”
“When you say you’re acting in good faith, I don’t believe that,” Judge Schroeder said.
In addition, The Daily Wire report notes that the motion for a mistrial alleged the prosecution inappropriately withheld video footage that substantiated Rittenhouse’s testimony.
The motion read: “The video footage has been at the center of this case. The failure to provide the same quality footage [to the defense] in this particular case is intentional and clearly prejudices the defendant.”
The Wire also quotes Andrew Branca, identified as a “top self-defense lawyer,” as saying, “the apparent video withholding ‘absolutely calls for a mistrial with prejudice,’ especially when compounded with other offenses by the prosecution.”
In a video posted to YouTube on a channel called Rekieta Law, Branca emphasized that the State has the “burden” to provide the defense team with all evidence presented in a case. Failure to do so invites a mistrial.
Jury deliberations began Tuesday. A conclusion to the trial is imminent.
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