Kyle Rittenhouse’s defense attorneys on Wednesday asked Judge Bruce Schroeder to declare a mistrial in the case, alleging prosecutorial misconduct.
Once the trial resumed after a lunch break, defense attorney Corey Chirafisi accused lead prosecutor Thomas Binger of “what amounts to prosecutorial overreach.”
The defense threatened to move for a mistrial earlier in the day over questioning from the prosecutor, with the judge also tearing into the prosecution.
The issue was over Binger’s line of questioning about Rittenhouse’s right to remain silent after the shootings. The prosecutor also brought up an incident that the judge said he was inclined to not include.
Earlier in the trial, Schroeder admonished the prosecutor over both incidents. During that altercation, defense attorney Mark Richards threatened to move for a mistrial.
“My argument is: you ruled on it … you confirm your rulings, which you had made previously. Mr. Binger just said you had shut the door on,” Chirafisi said. “So apparently, he doesn’t believe a door that is shut should stay shut.”
Schroeder said he would take the motion “under advisement,” and allowed the jury to enter the courtroom to continue Rittenhouse’s testimony.
“There better not be another incident,” the judge added.
Rittenhouse is testifying in his defense about the events that led to two fatal shootings during demonstrations in Kenosha, Wis., on Aug. 25, 2020. The trial was paused after the 18-year-old broke down on the stand describing the events that led to the first shooting.