Kyle Rittenhouse’s authorized crew accused prosecutors of holding again key video footage that’s on the coronary heart of their case in a proper movement for a mistrial, court docket paperwork present.
Lawyers for the 18-year-old Kenosha gunman already known as for a mistrial throughout the listening to, and filed a proper seven-page request lower than an hour earlier than closing arguments Monday, The Chicago Tribune famous.
The movement argues any conviction needs to be overruled and seeks to forbid any probability of a retrial if Rittenhouse is cleared of the 5 felonies he faces for the lethal triple taking pictures at final yr’s Kenosha riots.
It highlighted some of the prosecutors’ missteps that already had Judge Bruce Schroeder railing at them, together with mentioning proof they’d been warned to not use and likewise making a play of the teenager’s proper to silence.
But it additionally accused prosecutors of holding again the high-resolution drone footage used to attempt to recommend that Rittenhouse had been the aggressor when he claimed self-defense earlier than the primary taking pictures.
Prosecutors gave the defense a hard-to-see low-res model in a 3.6MB file — lower than a 3rd of the high-res file they really had, the movement states.
They solely acquired the higher high quality clip, already utilized by prosecutors, on Saturday, after testimony had concluded, the movement acknowledged.
“The video footage has been at the center of this case,” the defense movement states, additional calling it the “linchpin of their case.
“The failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant,” insisted the movement.
The defense insisted that prosecutors’ missteps throughout the listening to had been “clearly intentional” — even suggesting they needed a retrial to “get another ‘kick at the cat’ because the first trial is going so badly.”
“The testimony in this case up to that point had not gone very well for the prosecution,” the movement acknowledged, citing witnesses who appeared to corroborate Rittenhouse’s declare that he was beneath assault when he opened fireplace.
The movement to dismiss has but to be formally addressed in court docket. It will probably be addressed after the jury finishes its deliberations, which on Wednesday are coming into a second day.
The jury of 12 deliberated for a full day Tuesday with out reaching a call.
Several appeared drained as they walked into the courtroom Tuesday night and indicated with a present of palms that they had been able to go residence.
Rittenhouse faces life in jail if convicted for utilizing an AR-style semi-automatic rifle to kill Rosenblaum and Anthony Huber, 26, and wounded Gaige Grosskreutz, now 28, throughout the BLM riots when he was simply 17.