The prosecution in the trial of Kyle Rittenhouse was criticized by Kenosha County Circuit Court Judge Bruce Schroeder yet again on Wednesday for apparent negligence.
The 18-year-old Rittenhouse is on trial for homicide and other charges related to the shooting of three men on Aug. 25, 2020, during riots in Kenosha, Wisconsin.
On Wednesday afternoon, Rittenhouse’s defense team made a motion asking for a mistrial “without prejudice” (meaning prosecutors could refile charges) due to the prosecution’s alleged withholding of drone video from the night of the shooting.
“We didn’t have the quality of evidence that the state had until the case had been closed,” defense attorney Corey Chirafisi told Schroeder.
According to reports, the defense originally received a lower-quality version of the drone footage and was not given the high-definition version until Saturday.
“On Friday, the parties had rested, and we were going to open our closings on Monday,” Chirafisi said. “We’ve talked to Mr. Rittenhouse, and I’m going to be asking the court for a mistrial.”
“We watched the video. I can tell you what we think, but it doesn’t matter what we think, because we don’t get to present that to the jury anymore,” he said.
“And I think if we’re going to try to do this in a way that is free from anybody hiding anything, anybody not having the same evidence as everybody else has … we have to ask for this, and I’m asking for it.”
The prosecution’s argument for why they never submitted high-definition footage of the shooting didn’t seem to convince Schroeder.
According to the prosecution, Rittenhouse’s first attorney was seen alongside the high-definition footage during an appearance on “Tucker Carlson Tonight.”
Prosecutors then said that when it came to obtaining the footage, they “were not able to do so.”
Rittenhouse Judge on high-definition footage: “If Tucker Carlson’s got it, you could have submitted it, no?” pic.twitter.com/v8itaTatHa
— The Post Millennial (@TPostMillennial) November 17, 2021
“What do you mean you couldn’t,” Schroeder asked. “Tucker Carlson has got it. You could have subpoenaed it, no?”
The prosecution responded by claiming not to have known Carlson had obtained the footage.
This claim appears to be contradicted by the prosecutors’ previous admission that they were aware of the footage being played during an interview with Rittenhouse’s former attorney.
“Did you inquire?” Schroeder asked.
In response, the prosecution said they attempted to track down the individual who took the footage.
This article appeared originally on The Western Journal.
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