Judge Bruce Schroeder is yet to rule on a controversial mistrial motion with prejudice over “prosecutorial overreaching” and the withholding of high-resolution drone footage. The defense initially claimed the prosecution deliberately sent them lower-quality video evidence. It was later discovered that the video was compressed when sent over email and the request was revised to call for a mistrial without prejudice, claiming the defense wants a “clear, fair playing field.”
Jurors were dismissed Wednesday evening but protests raged on into the night in Kenosha, Wisconsin, ending in two arrests. Police and the National Guard are on alert for violent clashes following the final verdict, which is expected soon.
There have been many dramatic moments during the trial so far, from Rittenhouse getting emotional on the witness stand, to Kenosha County Circuit Judge Bruce Schroeder yelling at the prosecution, to a slew of controversies surrounding comments made by Judge Schroader that evoked calls of racism and bias.
Rittenhouse has pleaded not guilty to five charges, including reckless homicide, intentional homicide, attempted intentional homicide. The misdemeanor charge of possession of a dangerous weapon by a person under 18 was dropped before jury deliberations began.
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“This Kyle Rittenhouse trial. It reminded a lot of people of something,” Reid said.
“Oh, the Brett Kavanaugh hearing, in which Brett Kavanaugh who had been accused by a high school friend of committing sexual abuse of her, cried his way through the hearings to make him a permanent member and associate justice of the United States Supreme Court.”
She added that “white men can get away with that.”
FULL STORY: Joy Reid’s Kyle Rittenhouse ‘Male, White Tears’ Video Viewed Over 1 Million Times
The Kenosha Unified School District (KUSD) told families Wednesday that schools, including Harborside, Reuther, Brass, Frank and Washington, will be learning virtually through Friday.
The district said the move comes “out of an abundance of caution” due to the proximity of the schools to the courthouse.
“We understand that this may impact our students in various ways, which is why we want to remind families of schools not listed above that you may choose to keep your children home if you feel that is in their best interest,” the district said in a statement.
The district notes that they “have not been advised of any existing imminent danger,” but feel this is the “best course of action to protect our students and staff during an uncertain time.”
Kyle Rittenhouse’s lawyers initially claimed the prosecution intentionally gave them a lower-quality version of the footage. The defense later changed their request upon further investigation, dropping the claim of prejudice on the part of the prosecution.
This footage was central to the state’s argument that Rittenhouse raised his gun before a shooting incident. The prosecution claims they did not deliberately alter the file and that it was compressed went sent over email, unbeknownst to the state.
Defense attorney Corey Chirafisi said they did not have the same evidence as the prosecution until the trial was closed and having higher quality video earlier would have altered their argument strategy.
“It’s not debatable that it’s fair what happened,” he said.
Chirafisi noted their motion would call for a mistrial without prejudice, meaning the state can retry the case against Rittenhouse again so everyone “can have the same information and same quality of videos.”
The prosecution called this request “inappropriate.”
“I do not believe an unknown technical incident should result in a mistrial,” prosecutor James Kraus said.
FULL STORY: Kyle Rittenhouse Trial Drone Footage Could Prove ‘Ugly’ for Prosecution
Opposing protesters shared pizza and hugged, in a brief moment of calm before the two sides clashed once again.
In the first week of proceedings, Assistant District Attorney Binger was slapped down by the judge for asking Kyle Rittenhouse about a video that had already been ruled as inadmissible evidence.
Provoking an even angrier response from Schroeder, the attorney began quizzing Rittenhouse about why he is now only just speaking publicly about the case - despite defendants having the legal right to remain silent until their trial in order not to incriminate themselves.
Some suggest he raised and pointed the weapon at the jury in the courtroom in an attempt to “intimidate”. But fact checkers, including Newsweek, have since discovered that it was more likely Binger pointed the gun, which was unloaded, at the wall instead.
Kyle Rittenhouse Prosecutor Point Gun at Jury, Telling Them to Convict?
It is understood that due to the specific position of the camera inside the courtroom, and where press photographers were allowed, images gave the impression of Binger aiming the weapon at the jury. when in fact this was not the case.
FULL STORY: Did Kyle Rittenhouse Prosecutor Point Gun at Jury, Telling Them to Convict?
A statement from Kenosha Police Department said law enforcement needed to “deploy several officers to keep crowds of citizens and media from interfering” in the arrests.
The protests have, in some way, been emblematic of the deepening political divide in the U.S. in recent years.
Judge Bruce Schroeder has yet to rule on either of the controversial motions, prompting a backlash from protesters, commentators, and local media, which reported that his decision was “odd”.
But he hit back at criticism, suggesting both the defense and prosecution should be given the opportunity to respond before he rules. It is the latest in a series of controversies involving comments made by Judge Schroader that evoked calls of racism and bias and calls from protesters to “recall” him.
FULL STORY: Anger Over Kyle Rittenhouse Trial Judge Grows After Week of Controversies
Follow Newsweek’s liveblog throughout Thursday for all the latest.