Rittenhouse Defense Asks For Mistrial, Alleges Prosecutors Intentionally Did Not Provide High Quality Video Footage

Brianna LymanNovember 17, 2021

Defense attorneys for Kyle Rittenhouse reportedly filed a seven-page motion for a mistrial Monday, alleging the prosecution provided poor quality drone footage of one of the key moments of the incident to the jury despite a higher-resolution video being available.

“The problem is, the prosecution gave the defense a compressed version of the video,” the motion reads, regarding footage. “What that means is the video provided to the defense was not as clear as the video kept by the state.”

“The video footage has been at the center of this case,” the motion reads, according to the Chicago Tribune. “The failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant.”

🚨BREAKING NEW MOTION: Kenosha prosecutors WITHELD VIDEO EVIDENCE from Kyle Rittenhouse Defense Team pic.twitter.com/pqk86hhqqu

— Jacek Posobiec 🇺🇸🇵🇱 (@JackPosobiec) November 17, 2021

The defense argues the prosecution should be forced to “explain to the court why they did not copy the footage for the defendant with the same quality as their copy.”

The motion further called for a mistrial with prejudice, citing the prosecution’s cross-examination of Rittenhouse during which lead prosecutor Thomas Binger allegedly violated Rittenhouse’s constitutional right of silence.

Judge Bruce Schroeder scolded Binger’s questioning as a possible “grave constitutional violation.” (RELATED: ‘Don’t Get Brazen With Me’: Judge Shouts, Scolds Rittenhouse Prosecutor In Tense Ten-Minute Courtroom Exchange)

The defense had called for a mistrial following the questions, but Schroeder declined to grant one. He did note that he could declare one at any point.

The motion asked Schroeder to dismiss the case with prejudice, meaning Rittenhouse could not be tried again. Schroeder has not yet returned a decision to the court, but should the jurors convict Rittenhouse on any count, Schroeder will have to issue a ruling, according to the Milwaukee Journal Sentinel.

Criminal Law Professor at Marquette Law School Michael O’Hear told the outlet it is strange that Schroeder has not yet issued a decision on the motion.

“I’m not sure why the judge has waited to rule. It seems unlikely to me that he would have turned the case over to the jury if he expected to grant the mistrial,” O’Hear reportedly said.