Kyle Rittenhouse’s attorneys once again demanded on Wednesday that the judge overseeing the case declare a mistrial over new video footage from the Kenosha riots that the prosecution had unveiled at the last minute.
The demand came even as the jury “spent about 45 minutes” that morning “reviewing video evidence” from the case, according to CBS News, presumably including the new footage.
At issue is a drone video that two of Rittenhouse’s attorneys, Mark Richards and Corey Chirafisi, say their team received, but not in its entirety. It appears they were, instead, given a lower-resolution version versus the full 1080p HD version.
They specifically say that “the prosecution did not turn over the full-resolution video until two days before closing arguments began and after the time to turn over evidence had closed,” as reported by Fox News.
As such, they initially asked Judge Bruce Schroeder to declare a mistrial with prejudice, which would protect Rittenhouse from being targeted with the same charges again.
But in a statement to Fox News, former federal prosecutor Neama Rahmani cast doubt on the chances of the request being honored.
“Almost no chance the motion is granted. Discovery violations can result in sanctions, exclusion of evidence and adverse jury instructions, but dismissal with prejudice is the last resort,” he said.
On Wednesday, the attorneys tried again but this time requested a mistrial without prejudice, which would open the door to a new trial.
BREAKING: Rittenhouse defense lawyer Chirafisi formally requests a mistrial in open court
— Jack Posobiec 🇺🇸 (@JackPosobiec) November 17, 2021
Requests mistrial WITHOUT PREJUDICE
This would include an option for a 2nd trial if granted
— Jack Posobiec 🇺🇸 (@JackPosobiec) November 17, 2021
“They’re probably asking for that in the alternative because they know the motion will never be granted with prejudice,” Rahmani said of the new motion.
The prosecution has, for their part, claimed the video mishap was the defense’s fault. The plan had been to transfer the video file to the defense using an app called AirDrop. But because Rittenhouse attorney Natalie Wisco uses an Android device, not Apple, the file had to be sent via email. The problem is that the Apple Mail app “automatically compresses video files sent as an attachment,” according to The Verge.
The prosecution now claims that the defense could have averted this had it simply accepted another medium.
“They could have asked for a thumb drive. They could have asked for whatever. We’re not responsible for that,” assistant district attorney James Kraus reportedly said.
Judge Schroeder has yet to issue a ruling on the request, and from the sounds of it, he won’t anytime soon.
“The judge said he had ‘qualms’ about admitting the video during the trial, but because it had already been shown in court, he would allow the jury to rewatch it during deliberations,” the Associated Press confirmed.
“But if it turns out the video should not have been admitted into evidence, ‘it’s going to be ugly,’ Schroeder warned,” according to the AP.
The judge added only that the request will have to be addressed if there’s a guilty verdict, suggesting therefore that it’ll have to be dealt with during an appeal.
“We can’t resolve this now, because this is going to require expert testimony from people,” he reportedly also said.
As of Thursday morning, the jury was still deliberating, leaving those who staunchly support Rittenhouse wondering why it was taking them so long to recognize that the young man had acted out in self-defense.
Why is the jury taking so long?… pic.twitter.com/5chJ5neoiz
— Greg Musselwhite🇺🇲 (@GregMusselwhit3) November 17, 2021
The fact the jury in the #RittenhouseTrial are taking so long to decide a simple case of #SelfDefense is concerning. How many jurors are compromised by ideology or by threats? This should be a #notguilty slam dunk. Something funny is going on.
— King of the USA (@FrankWorleyPR) November 17, 2021
Why is it taking so long for the Jury to rule on #KyleRittenhouse Seems a clear cut case of innocence to me. I cant imagine how any other verdict is even a thought given the circumstances (which are largely agreed upon by both sides).
— Jeffrey Freeman (@DocFreemo) November 16, 2021
The jury might be taking so long because they have to talk over the noise from the protestors outside the courthouse that the jury knows will burn down their city if they come to the “wrong” verdict.
— Kevin Richard Audrain (@KevinAudrain) November 17, 2021
Why the jury in the Kyle Rittenhouse trial is taking so long. “Hey if you find him not guilty… they’ll burn your house down”. How is this allowed for a private citizen? https://t.co/RnzFHkjpER
— LIBERTY UNMASKED (@LogosOfHealth) November 17, 2021
The three mugshots seen in the tweets above are those of the three suspects whom Rittenhouse shot, two fatally, allegedly in self-defense as they chased him — reportedly with the intent to hurt him — on the night of Aug. 25th, 2020.
Note what some Twitter users wrote about the protesters outside the courthouse. Comprised entirely of far-leftists, the protesters are convinced that Rittenhouse is a white supremacist murderer who’d been out to kill.
It’s why they’ve been sharing this quote from “comedian” Trevor Noah ad nauseam:
— Sally Hunt ☭ 🚩🏴🌹 (@sallyhunt666) November 11, 2021
In fairness to Noah, he made the remark in the immediate aftermath of the Aug. 25th shooting. It’s not clear if he’s changed his mind since then.
Having actually reviewed the evidence, many have since changed their minds, including classically conservative commentator Bari Weiss, formerly of The New York Times.