Defense Moves for a Mistrial in Rittenhouse Case

Defense Moves for a Mistrial in Rittenhouse Case

( – The Kyle Rittenhouse trial is underway in Kenosha, Wisconsin. The teenager is accused of killing two people and trying to kill another during a 2020 BLM riot. Rittenhouse’s defense team recently asked for a mistrial with prejudice.

On Wednesday, November 10, Rittenhouse took the stand in his own defense. During cross-examination, Assistant District Attorney Thomas Binger tried to paint the teenager as a threat on the evening of the shooting. The teen’s defense attorney objected to a line of questioning, telling the judge it was so egregious he wanted the case dismissed with prejudice, meaning the state could not try Rittenhouse again.

At issue was the prosecutor’s decision to bring up the teen’s decision to remain silent after the incident. The defense objected, saying it was his right to remain silent and bringing it up violates his Fifth Amendment rights.

The DA also tried to introduce comments Rittenhouse had made two weeks before the Kenosha shooting. The teen reportedly said he wished he had his gun with him to shoot looters. Judge Bruce Shroeder dismissed the jury from the room and yelled at Binger, saying it was “a grave constitutional violation” to discuss the defendant’s silence. The judge also rebuked the prosecutor for trying to introduce the other comment after he’d already been told he wasn’t allowed to bring it up.

Rittenhouse’s attorneys contend the prosecution is aiming for a mistrial because the state’s case is going badly. The defense accused the DA of trying to start fresh. Schroeder didn’t immediately rule on the motion, instead, he said he would give the prosecution time to respond. The trial continued the next day.

Copyright 2021,