Attorneys representing Kyle Rittenhouse, the teen accused of murdering two people and trying to kill a third during unrest in Kenosha, Wisconsin, last year, moved for a mistrial with prejudice after the lunch break. The motion is currently under advisement by the judge and, if granted, would theoretically mean prosecutors could not re-try the case.
Defense attorney Corey Chirafisi said in court this afternoon that said the prosecutor, ADA Joseph Binger, committed “what amounts to prosecutorial overreach,” CNN reports.
Legal experts say, however, that a mistrial was unlikely despite a seemingly disastrous day for prosecutors.
Still, the very possibility of a mistrial once against spurred new conflict between the prosecution and Judge Bruce Schroeder, who interrupted their cross-examination several times during the trial.
Earlier in the day, Schroeder asked the jury to leave the courtroom twice and then sharply admonished Binger for his line of questioning.
The defense attorney asked the court to grant the motion for a mistrial with prejudice.
The judge said he would take the motion under advisement. “There better not be another incident,” he said, according to CNN.
