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As it happenedended

Kyle Rittenhouse trial: Judge considers mistrial bid in Kenosha shooting case amid iPad video confusion

Megan Sheets
Wednesday 10 November 2021 20:36 EST
Kyle Rittenhouse breaks down on the stand as he testifies about his encounter with the late Joseph Rosenbaum during his trial at the Kenosha County Courthouse in Kenosha, Wisconsin, November 10, 2021
Kyle Rittenhouse breaks down on the stand as he testifies about his encounter with the late Joseph Rosenbaum during his trial at the Kenosha County Courthouse in Kenosha, Wisconsin, November 10, 2021 (REUTERS)

The judge presiding over Kyle Rittenhouse’s homicide trial said he will consider a defence motion for a mistrial after the defendant took the stand on Wednesday.

Mr Rittenhouse’s attorneys are seeking a mistrial with prejudice due to what they called “prosecutorial misconduct”. The defence accused prosecutors of violating Mr Rittenhouse’s rights by mentioning his silence in the wake of the 25 August 2020 shootings and by referencing a video that was previously deemed inadmissible.

If the motion is granted, Mr Rittenhouse cannot be tried again for the same crimes.

The 18-year-old is facing five charges including homicide and minor in possession of a weapon for shooting dead Joseph Rosenbaum and Anthony Huber and injuring Gauge Grosskreutz during protests in Kenosha, Wisconsin. He could be sentenced to a maximum of life in prison if convicted.

Earlier in Wednesday’s hearing, Mr Rittenhouse walked through the night of the shootings and broke down in tears as he described fearing for his life when confronted by protesters. “I didn’t do anything wrong. I defended myself,” he said.

Under cross-examination, Mr Rittenhouse acknowledged that it was illegal for him to carry AR-15 rifle he used in the shootings and said he had a friend purchase it for him because: “I thought it looked cool.”

Prosecutor Thomas Binger sought to highlight Mr Rittenhouse’s lack of experience with AR-15s but questioning what he knows about the “full metal jacket” rounds used in the shooting.

Tensions boiled over just before lunch when Judge Bruce Schroeder admonished the prosecution for referencing a video that had been excluded from evidence at a pretrial hearing.

Later in the day, the prosecution took another hit when the defence sought to exclude another video on the grounds that it was filmed on an iPad with the “pinch to zoom” feature. Judge Schroeder sided with the defence and said the prosecution should bring in an expert to prove that the footage is reliable.

Follow the latest updates live:

The view from MAGA country: ‘This whole prosecution is a disgrace'

The Kyle Rittenhouse case has sharply divided public opinion on partisan lines.Many liberals view the 18-year-old as a right wing troublemaker who was spoiling for a fight when he crossed state lines armed with an assault rifle to attend protests in Kenosha, Wisconsin, while many conservatives feel he was a good-natured person seeking to protect businesses in the community.

In one fairly typical take on the proceedings, which continued on Wednesday, Donald Trump Jr. called the case a “disgrace” in a recent Twitter post.

Josh Marcus11 November 2021 01:20

As trial continues, image recirculates of Kyle Rittenhouse appearing to flash white power sign

The intense interest in the Kyle Rittenhouse case has some online resurfacing an imagine of the 18-year-old from when he was captured in January wearing a shirt that read “Free as F***”, while appearing to flash a white power sign and being serenaded by far-right Proud Boys supporters, as prosecutors alleged.

Mr Rittenhouse’s attorneys have said he is not and never has been a member of a white supremacist group.

Josh Marcus11 November 2021 01:27

Signing off for today

That’s all for today. Thanks for sticking with The Independent’s live coverage of the Kyle Rittenhouse trial, and do stay tuned for all the latest news, commentary, and analysis on this case.

Josh Marcus11 November 2021 01:27

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