Things got heated in the trial of Kyle Rittenhouse when the prosecutor conducted his cross-examination of the teenager.
After Rittenhouse delivered emotional testimony on Wednesday, Thomas Binger, the prosecutor, questioned the defendantās silence after his arrest.
However, Circuit Judge Bruce Schroeder told Binger, āThe problem is this is a grave constitutional violation for you to talk about the defendantās silence.ā
āYouāre right on the borderline, and you may be over it. But it better stop,ā he added.
Later defense attorney Mark Richards claimed Binger was trying to force a mistrial after he apparently tried to bring up a matter that Schroeder had rejected.
āHe knows he canāt go into this and heās asking the questions,ā Richards said. āI ask the court to strongly admonish him and the next time it happens, Iāll be asking for a mistrial with prejudice. Heās an experienced attorney and he knows better.ā
Binger responded claiming āthe court left the door open.ā
āFor me not for you!ā Schroeder said.
He continued as he rebuked Binger for commenting on Rittenhouseās silence after his arrest.
āI was astonished when you began your examination by commenting on the defendantās post-arrest silence,ā Schroeder said. āThatās basic law. Itās been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that. And it givesā¦well Iāll leave it at that. So I donāt know what youāre up to.ā
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As The Hill reports, āBinger then responded that he filed another motion on the issue, arguing that it was relevant to the discussion. The prosecutor now said he wanted to āimpeachā Rittenhouse on his belief about protecting property with the prior incident, which involved the same gun.ā
However, Schroeder noted he had already decided not to allow that testimony and had heard nothing in the trial to change his mind.
Binger interjected, āThat was before the defendantās testimony, your honor.ā
āDonāt get brazen with me! You knew very well that attorneys canāt go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so. So donāt give me that,ā Schroeder fired back.
The exchange came after Rittenhouse delivered emotional testimony in his homicide trial.
As CNN reports, āKyle Rittenhouse testified Wednesday that he was scared for his life and acted in self-defense when he fatally shot Joseph Rosenbaum last year in Kenosha, Wisconsin, in what is likely to be the pivotal testimony of his homicide trial.ā
During his testimony, he broke down in tears which prompted Schroeder to call for a break in the trial.
