Defense For Kyle Rittenhouse Files Mistrial Motion Claiming Prosecutors Withheld Video EvidenceMichael Cantrell
The defense team for Kyle Rittenhouse has filed a motion for a mistrial Monday, alleging prosecutorial misconduct concerning what they claim is the withholding of video evidence.
The team of attorneys filed for a mistrial with prejudice after making the accusation that withholding this evidence could be a key portion of Rittenhouse’s self-defense argument.
If you listen closely, you can hear the screams of agony from liberals who are just dying to see this young man be found guilty of crimes he clearly didn’t commit, as this possible defense could end up allowing Rittenhouse to escape from this nasty situation unscathed.
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The seven-page mistrial request alleged that prosecutors had high-resolution drone footage but failed to produce it, only showing only a grainy low-resolution version of the footage in court. The defense said they only received the higher-resolution clip later on Saturday after testimony was over.
The footage was used by the prosecution in an attempt to prove that Rittenhouse chased the first man he shot, Joseph Rosenbaum, before their positions switched and Rosenbaum began chasing Rittenhouse.
The “compressed version” of the footage “was not as clear as the video kept by the state,” the defense said in their written motion.
“The video footage has been at the center of this case,” the defense went on to write in the motion, stating that the footage is the “linchpin” in the prosecution’s case against Rittenhouse.
“The failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant,” the motion continued.
Of course, the mistrial motion will basically be a moot point if the jury in the trial finds Rittenhouse not guilty. Judge Bruce Schroeder is not expected to provide a ruling concerning the mistrial motion until after the jury has reached a verdict.
“The motion also mentioned several other issues with the proseuction about which Schroeder reprimanded Assistant District Attorney Thomas Binger, including bringing up evidence the judge had already banned and questioning Rittenhouse on his post-arrest silence,” the report said.
“Rittenhouse is awaiting a verdict on charges related to his fatal shooting of two men and injuring of another during riots in Kenosha, Wisconsin last summer,” the report continued, adding, “Rittenhouse, who is now 18, lives in Antioch, a northern suburb of Chicago about 15 miles from Kenosha. On August 25 of last year when he was 17, Rittenhouse decided to patrol the downtown Kenosha area alongside other armed men in order to protect a used car dealership from looting and vandalism. The city had devolved into rioting over the police shooting of Jacob Blake, a black man, by a white Kenosha police officer.”
Rittenhouse was chased down and then assaulted by protesters, which soon resulted in his fatally shooting two men and then injuring a third. His lawyers argued that the young man shot his weapon in self-defense.
Rittenhouse has been charged with five felony charges and one misdemeanor charge. The most serious charge he faces is intentional homicide, which is the top murder charge in the state of Wisconsin. The others, like reckless homicide, attempted homicide, two counts of reckless endangerment, and being a minor illegally in possession of a firearm, are serious, but lesser charges.
“The firearm charged was dismissed by the judge on Monday, however. He was also charged with violating curfew, but that charge was dismissed by the judge last week. He has pled not guilty to all charges,” the Daily Wire said.
The jury in the trial heard the closing arguments in the case on Monday, and as of this writing, the jury has not yet reached a verdict.