Kyle Rittenhouse’s lawyers ask judge to declare mistrial

KENOSHA, Wis. — Kyle Rittenhouse’s attorneys asked the justice to state a mistrial adjacent arsenic the assemblage was deliberating Wednesday, saying the defence received an inferior transcript of a perchance important video from prosecutors.

Judge Bruce Schroeder did not instantly regularisation connected the request, the 2nd mistrial question from the defence successful a week.

At contented was a portion of drone video that prosecutors showed to the assemblage successful closing arguments successful a bid to undermine Rittenhouse’s self-defense assertion and represent him arsenic the aggressor. Prosecutors said it showed him pointing his firearm astatine protesters earlier the shooting erupted.

Rittenhouse lawyer Corey Chirafisi said the defence initially received a compressed mentation of a video and didn’t get the higher-quality 1 utilized by the prosecution until the evidentiary information of the lawsuit was over.

He said that the defence would person approached things otherwise if it had received the superior footage earlier and that it is present asking for “a level, just playing field.”

He said the mistrial petition would beryllium made “without prejudice,” meaning prosecutors could inactive retry Rittenhouse.

Rittenhouse, 18, is connected proceedings connected homicide and attempted homicide charges for sidesplitting 2 men and wounding a 3rd with an AR-style semi-automatic firearm during a tumultuous nighttime of protests implicit the constabulary shooting of a Black antheral successful the summertime of 2020.

Rittenhouse, a then-17-year-old erstwhile constabulary younker cadet, said helium went to Kenosha to support spot from rioters.

He changeable and killed Joseph Rosenbaum, 36, and Anthony Huber, 26, and wounded Gaige Grosskreutz, present 28.

He could get beingness successful situation if convicted of the astir superior complaint against him.

Rittenhouse is white, arsenic were those shot. The lawsuit has go a flashpoint successful the statement implicit guns, radical injustice, vigilantism and self-defense successful the U.S.

The quality implicit the video erupted aft the jurors asked to rewatch footage connected Day 2 of their deliberations.

Defense attorneys said they would entity to the assemblage viewing the drone video, which prompted heated quality earlier successful the proceedings implicit method questions of whether the representation was altered erstwhile it was enlarged.

Prosecutors countered Wednesday that the assemblage saw the highest-quality mentation during the proceedings and that it was played without objection.

Prosecutor James Kraus said it was not the responsibility of prosecutors that the record got compressed erstwhile received by the defense: “We’re focusing excessively heavy connected a technological glitch.”

The prosecution contends the video proves Rittenhouse lied connected the basal erstwhile helium said helium didn’t constituent his firearm astatine protesters.

The justice said helium had “qualms” astir admitting the video during the trial, but due to the fact that it had already been shown successful court, helium would let the assemblage to rewatch it during deliberations.

But if it turns retired the video should not person been admitted into evidence, “it’s going to beryllium ugly,” Schroeder warned.

He said the mistrial petition volition person to beryllium addressed if determination is simply a blameworthy verdict.

Earlier successful the day, the justice criticized quality sum of the lawsuit and second-guessing from ineligible experts successful the media, saying helium would “think agelong and hard” astir allowing televised trials successful the future

He took objection to quality stories astir his decisions not to let the men Rittenhouse changeable to beryllium called “victims” and to fto Rittenhouse gully the tons that determined which jurors were alternates. The justice besides complained astir disapproval that helium had yet to regularisation connected the earlier defence petition for a mistrial.

Schroeder said helium hadn’t had a accidental to work the question due to the fact that helium conscionable received.

“It’s conscionable a shame that irresponsible statements are being made,” Schroeder said of comments successful a Milwaukee Journal Sentinel communicative from instrumentality schoolhouse professors.

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Forliti reported from Minneapolis; Bauer from Madison, Wisconsin. Associated Press writer Tammy Webber contributed from Fenton, Michigan.

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Find the AP’s afloat sum of the Rittenhouse trial: https://apnews.com/hub/kyle-rittenhouse