Kyle Rittenhouse’s lawyers are asking for a mistrial with prejudice after prosecutors ignored rulings the judge previously made on evidence that could be introduced as well as their line of questioning.

If granted, the state would not be able to retry its case against the 18-year-old accused of fatally shooting two people and injuring another during a night of violent confrontations in Kenosha, Wisconsin, in August 2020.

Judge Bruce Schroeder also lashed out at prosecutor Thomas Binger on Wednesday for asking Rittenhouse about his silence following the shootings, telling Binger, “Don’t get brazen with me.” Schroeder warned prosecutors that they were “bordering” on “grave constitutional violations” for bringing up Rittenhouse’s right to remain silent.

Schroeder warned the experienced prosecutor that there “better not be another incident” in which Binger tries to introduce evidence that the judge has ruled in a pretrial hearing was not admissible in court.

The video in question was taken two weeks before the Kenosha protests and shows Rittenhouse saying he wished he had his gun and would shoot shoplifters. Prosecutors argued that the video illustrated Rittenhouse’s head space heading into Kenosha.

This is a developing story. Check back for updates.

Original Location: Defense seeks mistrial in Kyle Rittenhouse case after judge slams ‘brazen’ prosecutor

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