The defense lawyers for Kyle Rittenhouse called on the judge to declare a mistrial, citing prosecutorial misconduct. This was in the context of what the judge called the prosecution’s “day to reckoning.”
This is the third request for a mistrial by defense attorneys on behalf of the 18-year-old. He could be sent to prison for his crimes of killing two men and injuring a third during the third-night riots in Kenosha (Wisc.) on Aug. 25, 2020.
Over the two-week-long trial, the judge stated that the prosecutors had acted in bad faith several times and that they “may have stepped over” the line on evidence and constitutional missteps. The prosecutors allowed a video recording to be admitted into evidence at the last moment, but they lied regarding its origin, resolution, and then, in a coup etiquette, about its length.
It’s amazing that the case has not been declared a mistrial. Judge Bruce Schroeder ruled that jurors ought to see more information at every turn. This is why defense objections to the surprise video were not sustained.
Defense attorney Corey Chirafisi requested a mistrial without prejudice. This means that he could be retried. However, they also have a request with prejudice which would prevent any further adjudication.