Rittenhouse defense lawyers ask for a mistrial

Rittenhouse's defense attorneys asked for a mistrial following a prohibited line of questioning by the prosecution.

Published: November 10, 2021 11:30am

Updated: November 10, 2021 5:49pm

Defense attorneys for Kyle Rittenhouse requested a mistrial Wednesday, following a series of controversial questions by the case's chief prosecutor, Thomas Binger. 

Judge Bruce Schroeder immediately excused the jurors, following the defense's request for a mistrial. Schroeder reprimanded Binger for his line of questions, accusing the prosecutor of attempting to introduce testimony that was already prohibited.

According to the Associated Press, the moment in question came during Binger's cross-examination of Rittenhouse, who testified that he "didn't do anything wrong" and that he shot the three men in self-defense. 

Following Rittenhouse's comments, Binger asked if it was appropriate to "use deadly force to protect someone else's property." At that, the judge had the jurors ushered out of the courtroom, while he shouted and berated the prosecutor for his question. During pre-trial proceedings, Schroeder allegedly prohibited the prosecution from using this specific line of questioning. 

Testimony resumed a short while later with Rittenhouse being asked about the events leading up to the shootings.

Earlier in the day, the judge ordered a recess during the defendant's earlier testimony because he began sobbing uncontrollably while being questioned about the night of the shooting.

Rittenhouse is testifying in his own defense, with his attorneys arguing their client acted in self-defense when he shot three people, killing two. The judge resumed proceeding after about 15 minutes.

The judge called the recess after Rittenhouse told the court that while running to put out fires on the night of social justice protests in Kenosha, Wisconsin, Joseph Rosenbaum "came out from behind the car and ambushed me" before Rittenhouse fatally shot him.

The judge decided to take a break when appeared Rittenhouse appear to struggle trying to continue.

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