Protection attorneys filed a movement for mistrial with prejudice within the trial of Kyle Rittenhouse on Monday, accusing the state of intentional “prosecutorial overreach.”
The seven-page protection movement, filed on Monday, was offered to CNN by the courtroom clerk this morning.
The movement factors to a testy trade between Decide Bruce Schroeder and Kenosha County Assistant District Legal professional Thomas Binger over his line of questioning as Rittenhouse testified final week, which the decide had warned could possibly be a violation of Rittenhouse’s rights below the Fifth Modification of the US Structure to stay silent.
In courtroom on Wednesday, the decide initially known as the dialogue of the defendant’s silence a “grave constitutional violation,” however he later stated it was “proper on the borderline.”
Protection attorneys additionally pointed to a second incident of their movement from Wednesday, wherein Schroeder admonished the prosecutor about an incident two weeks earlier than the shootings that the decide stated wouldn’t be permitted into proof.
CNN has beforehand reported that attorneys made the courtroom conscious of their intention to file the movement final Wednesday following the cross-examination of Rittenhouse. A mistrial with prejudice would imply there can be no likelihood for a retrial.
The movement additionally resurfaces a heated trade between attorneys on Friday over a drone video, wherein the state alleged Rittenhouse could be seen elevating and pointing his weapon at a person close to Joseph Rosenbaum. The state says that is what provoked Rosenbaum to start out chasing Rittenhouse
Protection attorneys say of their movement that they got a compressed model of the drone video that was solely 3.6MB, whereas the state had the next decision model that was 11.2MB. Schroeder instructed attorneys Friday he would let the jury resolve on the video.
Prosecutors haven’t filed a response and Schroeder instructed attorneys he would take the intent to file the mistrial movement below advisement final week.