January 1, Rittenhouse judge says he hasn’t had time to read the defense’s motion for mistrial

The judge presiding over Kyle Rittenhouse’s murder trial said he hasn’t had time to read the defense’s motion for a mistrial with prejudice.

“I haven’t even had a chance to read the motion to dismiss. I just got it yesterday. And I really think before I rule on a motion, I should let the state respond. So why anyone would think, it is odd for the judge to sit on a motion to dismiss, I have no idea. And the recommended course, I think for judges, at least that is what I was educated to believe, was that motions to dismiss should be kept under advisement, unless they’re crystal clear and they have had a chance for both parties to respond. Which we didn’t have in the heat of the discussion on the day the original oral motion was made,” said Kenosha County Circuit Court Judge Bruce Schroeder on Wednesday.

Rittenhouse’s defense team entered the motion citing prosecutorial misconduct following an inappropriate line of questioning. If the mistrial with prejudice is granted, it would mean that the state would be unable to retry the 18-year-old defendant.

The 12-person jury began its deliberations on Tuesday. If convicted, Rittenhouse faces a life sentence.

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Rittenhouse judge says he hasn’t had a chance to read defense’s Monday motion for mistrial with prejudice