January 1, Rittenhouse defense requests mistrial over prosecutor misconduct

Kyle Rittenhouse’s defense team asked Circuit Judge Bruce Schroeder to declare a mistrial in the case, claiming prosecutorial misconduct over the chief prosecutor’s line of questioning.

The move came after Rittenhouse took the stand and testified that he was under attack when he shot three men, killing two of them, during a protest over the police shooting of Jacob Blake in Kenosha, Wisc. last year.

During cross-examination, prosecutor Thomas Binger asked Rittenhouse whether it was appropriate to use deadly force to protect property and posed questions about his silence following his arrest. Then, the jury was ushered out of the room, and Schroeder accosted Binger over an improper line of questioning.

Defense lawyer Corey Chirafisi insinuated that the prosecution was deliberately trying to cause a mistrial because this one is “going badly,” and it wants a do-over. The defense requested a mistrial with prejudice, meaning that if granted, Rittenhouse can’t be retried. The judge said he would take the motion “under advisement” and allowed the jury to reenter the courtroom where the defendant’s testimony continued.

“There better not be another incident,” Schroeder added.

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Rittenhouse murder case thrown into jeopardy by mistrial bid