CNN is reporting that Kyle Rittenhouse attorneys have filed a 7-page motion for “mistrial with prejudice,” accusing the state of intentional “prosecutorial overreach” over their questioning of Rittenhouse.
A copy of the motion obtained by the news network points to a heated exchange between Judge Bruce Schroeder and Kenosha County Assistant District Attorney Thomas Binger over his line of questioning as Rittenhouse testified last week, in which the judge had warned could be a violation of Rittenhouse’s rights under the Fifth Amendment of the US Constitution to remain silent, according to CNN.
During that exchange, the judge initially called the discussion of the defendant’s silence a “grave constitutional violation,” but he later said it was “right on the borderline.”
“Defense attorneys also pointed to a second incident in their motion from Wednesday, in which Schroeder admonished the prosecutor about an incident two weeks before the shootings that the judge said would not be permitted into evidence,” CNN noted.
A mistrial with prejudice would mean there would be no chance for a retrial.
Prosecutors have not filed a response to the motion.
