"Grave Constitutional Violation": Rittenhouse Defense Asks For Mistrial After Insane Day At Court

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by Tyler Durden
Wednesday, Nov 10, 2021 - 08:45 PM

Attorneys for Kyle Rittenhouse have asked Judge Bruce Schroeder to declare a mistrial in the case, accusing lead prosecutor Thomas Binger of "what amounts to prosecutorial overreach" when he questioned the teenager's right to remain silent after his fatal shootings of two men who chased an attacked him during demonstrations in Kenosha, WI last year. 

With the jury out of the room, Schroeder warned Binger after he asked Rittenhouse why he chose to remain silent about the incident until now.

"The problem is this is a grave constitutional violation for you to talk about the defendant’s silence," Schroder told Binger. "You’re right on the borderline, and you may be over it. But it better stop."

Schroeder again admonished Binger for bringing a matter before the jury which Schroeder had explicitly disallowed - causing defense attorney Mark Richards (and others) to accuse the prosecution of trying to provoke a mistrial.

"I was astonished when you began your examination by commenting on the defendant’s post-arrest silence," said Schroeder, adding "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."

When Binger tried to slick talk his way out of trouble for introducing prohibited topics, Judge Schroeder said "I don't believe you."

Asking for the mistrial: