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."
Judge Scolding The Prosecution In The Rittenhouse Case— The Columbia Bugle 🇺🇸 (@ColumbiaBugle) November 10, 2021
“The problem is this is a grave constitutional violation for you to talk about the Defendant’s silence.”
“You are right on the borderline, you may be over. It better stop.” pic.twitter.com/OVK9eYOSSm
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."
NOW - Judge in Rittenhouse trial screams at the prosecutor. pic.twitter.com/UBxDTwVIoT— Disclose.tv (@disclosetv) November 10, 2021
...The judge just said that he is also concerned with a mistrial given the prosecutor's comments on pre-trial silence which was outrageous.— Jonathan Turley (@JonathanTurley) November 10, 2021
When Binger tried to slick talk his way out of trouble for introducing prohibited topics, Judge Schroeder said "I don't believe you."
Judge CALLS OUT prosecution for their perceived attempt at a mistrial earlier by introducing excluded evidence. Prosecution claims he did so in good faith. Judge says “I don’t believe you!” Amazing pic.twitter.com/gTK5pXt99e— Nuance Bro (@NuanceBro) November 10, 2021
Asking for the mistrial:
"Both elements for mistrial with prejudice have been met."— Newsmax (@newsmax) November 10, 2021
The Defense Attorneys for Kyle Rittenhouse call for a mistrial in their client's homicide case due to the statements of lead prosecutor Thomas Binger. pic.twitter.com/PYHj5JEbrG
Did the prosecutor in the Rittenhouse case deliberately attempt to cause a mistrial because he knew acquittal was coming given how horribly the case was going for the prosecution?— Sean Davis (@seanmdav) November 10, 2021
I never commented on the Rittenhouse case until I started watching large chunks of the trial, and all I can say is that anyone who has done the same and denies that there's a huge gap between the media narrative about this and what actually happened is not telling the truth.— Glenn Greenwald (@ggreenwald) November 10, 2021