Kenosha County Circuit Judge Bruce Schroeder has drawn harsh criticism over his apparent hostility toward prosecutors as he presides over the trial of accused killer Kyle Rittenhouse.
Former federal prosecutor Shanlon Wu said that Schroeder is a “real problem” for constantly interfering with the prosecutor’s cross-examination.
“He constantly interferes with cross-exam of Rittenhouse right from the start,” Wu wrote on Twitter.
On Wednesday, Schroeder interrupted Assistant District Attorney Thomas Binger and asked the jury to leave the courtroom several times during cross-examination.
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The first interruption came after the district attorney pressed Rittenhouse if he was telling his account of August 25, 2020—when he fatally shot two men and wounded a third—for the first time.
After sending the jury to the library, Schroeder yelled at Binger, telling him it was a “grave constitutional violation” for Binger to talk about Rittenhouse’s right to remain silent.
“You’re right on the borderline. You may be over. But it better stop,” the judge warned.
Binger asked Rittenhouse about an August 10 incident that was excluded in a pre-trial order.
“You should have come and ask for reconsideration!” Schroeder yelled after sending the jury away for a second time.
The judge said for the record that he held it open for a bias towards denial.
“Why would you think that that made it okay for you to bring this matter before the jury?” Schroeder told Binger.
Binger responded saying he was trying to impeach Rittenhouse in his line of questioning by arguing that the incident was “identical to what was going on the night of August 25, in the sense that the defendant was using this exact same weapon. He was using it in a manner to protect property.”
“I’m not going to rehash the motion! That’s absolutely untrue,” the judge replied.
Schroeder acknowledged the defense’s argument that Binger is an experienced trial lawyer who would know better than to go against the court’s rulings.
“Don’t get brazen with me!” Schroeder screamed at Binger. “You know very well that an attorney can’t go into these types of areas when the judge has already ruled, without asking outside the presence of the jury to do so. So don’t give me that!”
“I don’t see the similarity [between the two incidents]. I said it couldn’t come in and it isn’t coming in, no matter what you think!” the judge said.
The judge said he didn’t want to have another issue with the prosecution as long as the case continues.
“Is that clear?” he asked.
“Yes,” Binger responded.
Binger also asked a series of questions about how Rittenhouse possessed the AR-15 if it was illegal for him to purchase one. Rittenhouse explained that he had his friend, who was over 18, purchase it for him and that they agreed that Rittenhouse would use with the gun when he wanted. He said that he applied for a license to carry the weapon in May 2020 but that it wasn’t approved by Aug. 2020 when he went to Wisconsin.
Kyle Rittenhouse judge – Judge Schroeder is a real problem. He constantly interferes with cross-exam of Rittenhouse right from the start.
— Shanlon Wu (@shanlonwu) November 10, 2021
Wow Judge Schroeder just can't stay out of the limelight- he spends way too much time talking to the jury completely disrupting prosecutor's cross-exam. He just interrupted again to show off his knowledge of a Latin phrase – ignorance of law is no defense.
— Shanlon Wu (@shanlonwu) November 10, 2021
Prosecutor trying to build evidence thru Rittenhouse's testimony that Rittenhiuse regularly lies & makes up his own rules in disregard of the law.
— Shanlon Wu (@shanlonwu) November 10, 2021
