The legal team for patriot and accused teenage shooter Kyle Rittenhouse has moved for a mistrial after the judge in the case was forced to rebuke the absurd errors and missteps made by the state prosecutors in the trial this week.
The Rittenhouse team has made its request to dismiss the case with prejudice due to the prosecution’s violations of the defendant’s rights and the judge’s previous rulings scolding prosecutors about breaking rules about admissible evidence.
Per Breitbart News:
Defense attorney Corey Chirafisi asked Judge Bruce Schroeder to declare a mistrial “with prejudice,” which would prevent prosecutors from bringing the charges again. That provision, Chirafisi claimed, was necessary to prevent prosecutors from deliberately ruining their own case to get “another kick at the cat.” He said that prosecutors, led by Assistant District Attorney Thomas Binger, had acted in “bad faith” — a key element of dismissal with prejudice.
The motion came after a lunch break, and after Judge Schroeder had admonished the prosecution that it had committed a “grave constitutional violation” by referring to Rittenhouse’s previous silence, which conflicts with his Fifth Amendment right to remain silent.
The prosecution repeatedly broke legal rules by trying to talk about evidence that had already been ruled inadmissible, not to mention over and over again violating Rittenhouse’s rights.
At one point during the trial, Asst DA Thomas Binger pleaded with the judge and said he had been acting in good faith. But Judge Schroeder blasted back, saying, “When you say that you had been acting on good faith, I don’t believe that.”
In another portion of the trial, the judge again slapped Binger, saying, “The problem is, this is a grave constitutional violation for you to talk about the defendant’s silence, and that is — and you’re right on the borderline, and you may be over it. But it better stop.”
Even liberals have been forced to admit that DA Binger has terribly muffed this trial.
Even worse for the prosecution, one witness ” target=” _blank”>testified that the DA’s office told him to change his testimony so it helps their case.
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