Kyle Rittenhouse's Lawyers Ask for Mistrial

3 years ago 282

U.S.|Kyle Rittenhouse’s lawyers asked for a mistrial, accusing prosecutors of misconduct.

https://www.nytimes.com/2021/11/10/us/kyle-rittenhouse-mistrial.html

Mitch Smith

Nov. 10, 2021, 3:09 p.m. ET

Nov. 10, 2021, 3:09 p.m. ET

Corey Chirafisi, center, a defence  lawyer   for Mr. Rittenhouse, left, took contented   with prosecutors’ references to Mr. Rittenhouse’s soundlessness  successful  the months earlier  the trial.
Credit...Pool photograph by Sean Krajacic

Lawyers for Kyle Rittenhouse accused prosecutors of misconduct connected Wednesday afternoon, and asked Judge Bruce Schroeder to state a mistrial with nary anticipation of a retrial.

Corey Chirafisi, a defence lawyer, took contented with prosecutors’ references to Mr. Rittenhouse’s soundlessness successful the months earlier the trial, and with an effort by the prosecution to present grounds connected a erstwhile occurrence that the justice had ruled inadmissible. Mr. Chirafisi suggested that prosecutors whitethorn person acted successful atrocious faith, making it indispensable not lone to state a mistrial but besides to bash truthful “with prejudice,” meaning that determination could not beryllium different proceedings with a caller jury.

The justice did not instantly regularisation connected the request.

The defense’s petition came aft a greeting of fiery exchanges betwixt Judge Schroeder and Thomas Binger, the pb authoritative successful the case, implicit what the justice perceived to beryllium violations of his orders. Judge Schroeder scolded Mr. Binger again successful the day arsenic the authoritative argued against the question for a mistrial.

“You’re an experienced proceedings attorney, and you’re telling maine that erstwhile the justice says, ‘I’m excluding this,’ you conscionable instrumentality it upon yourself to enactment it successful due to the fact that you deliberation that you recovered a mode astir it? Come on,” Judge Schroeder said.

Mr. Binger denied doing thing wrong.

Judge Schroeder said helium would springiness prosecutors much clip to respond to the mistrial motion, and Mr. Binger was allowed to resume cross-examination of Mr. Rittenhouse. But the justice made wide that helium believed Mr. Binger had intentionally defied his orders.

“When you accidental that you were acting successful bully faith, I don’t judge that, OK?” Judge Schroeder said. He warned that “there amended not beryllium different incident.”

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