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Following a lunch break, the defense team for Kyle Rittenhouse asked Judge Bruce Schroeder for a mistrial with prejudice, which, if granted, would effectively dismiss the case permanently.
The motion from defense was made before Rittenhouse was further questioned by prosecution on Wednesday.
“The defense is arguing the prosecution was out of line and his conduct was extreme,” reported Fox News’ Jiovanni Lieggi.
“Circuit Court Judge Bruce E. Schroeder says he will take the motion under advisement after back-and-forth with the prosecutor in question, Assistant District Attorney Thomas Binger,” Lieggi added. “Judge adds that he does not believe the Binger was acting in good faith.”
As highlighted by The Daily Wire, Binger was scolded by Judge Schroeder on two occasions before the lunch break over his questioning of Rittenhouse.
“The problem is this is a grave constitutional violation for you to talk about the defendant’s silence, and that is, you’re right on the borderline. And you may be over, but it better stop,” Schroeder told the prosecutor, after sending out the jury. “I can’t think of an initial case on it, but this is not permitted.”
He was admonished once more, before lunch, The Daily Wire outlined:
Later on during Binger’s examination, the judge sent the jury out again after the prosecutor began to veer into a line of questioning that Binger did not approve with Schroeder beforehand, and that Schroeder had suggested he would forbid in pretrial hearings. The second infraction brought an explosion from the judge over the first, and Schroeder again ripped into Binger for potentially violating Rittenhouse’s rights protected under the Constitution.
“I was astonished when you began your examination by commenting on the defendant’s post-arrest silence. That’s basic law. It’s been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that! And it gives, well, I’ll leave it at that. So I don’t know what you’re up to,” the judge said.
Earlier in the day, when the defense team was questioning Rittenhouse, the teen broke down sobbing while recalling the fatal shooting of Joseph Rosenbaum, The Daily Wire reported.
Rittenhouse, detailing the moments before he fired on Rosenbaum recalled Rosenbaum yelling “burn in hell” to him before Rittenhouse yelled “friendly, friendly, friendly!” in an attempt to calm Rosenbaum. But he was chased.
The teen described feeling “trapped” by Rosenbaum and another man, identified during the trial as Joshua Ziminski, who fired his pistol in the air. The teen said the man had the pistol pointed at him during the incident.
Before describing his actions to fire, Rittenhouse sobbed uncontrollably and a ten minute recess was called.
Rittenhouse was 17 years old when he was arrested for fatally shooting two men, as well as injuring a third during unrest in Kenosha, Wisconsin, following the police shooting of Jacob Blake. Rittenhouse has been charged with five felony counts and one misdemeanor, including first-degree intentional homicide, first-degree reckless homicide, two counts of first-degree recklessly endangering safety, attempted first-degree intentional homicide, and possession of a dangerous weapon by a person under 18.
He has pleaded not guilty to all charges and says he acted in self-defense.