Kyle Rittenhouse’s defense team asked the judge to declare a mistrial with prejudice citing prosecutorial misconduct. If the judge grants it, Rittenhouse is free to go and he cannot be charged with the same things. again.
Ominously for the prosecution, and the national media who are about to be shamed by botching another huge story, the judge already believes the prosecutors are not acting in good faith.
From the Russia hoax to Michael Avenatti to Hunter Biden to Nick Sandmann to Rittenhouse…We need to change the nickname for CNN and MSNBC from lamestream media to just straight up propaganda with a record for accuracy worse than the National Enquirer.
The prosecutor tried to explain what he did telling the judge:
“I didn’t interpret your ruling as this is never coming in. I thought you left the door open. This is my good faith explanation. If you want to yell at me you can.
“I thought you left door a little bit, and I was going to explore.
The judge yelled back: “I don’t believe you.” Ouch.
He then said he was taking motion under advisement reinforcing the prosecutor was not acting in good faith
From Fox News:
According to Fox News’ Jiovanni Lieggi, who was inside the courtroom at the time, “The defense is arguing the prosecution was out of line and his conduct was extreme.”
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. Judge adds that he does not believe the Binger was acting in good faith.
From Fox News:
Schroeder accused Binger of improperly trying to introduce testimony that he had earlier said he was not inclined to include. Rittenhouse attorney Mark Richards also suggested Binger might be attempting to provoke a mistrial.
“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,” Schroeder told Binger.
“You know very well that an attorney can’t go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so. So don’t give me that. That’s number one,” the judge added to Binger.
“Number two. This is propensity evidence. I said at the time that I made by ruling and I’ll repeat again now for you. I see no similarity between talking about wishing you had your AR gun, which you don’t have, so that you can take … fire fire rounds with these thought-to-be shoplifters and the incidence in these cases.”