Kyle Rittenhouse’s defense team on Wednesday asked the judge presiding over his murder case to declare a mistrial with prejudice, meaning the state could not refile charges against him.
Judge Bruce Schroeder said he would take the motion under advisement and did not issue a ruling, letting the trial proceed for now.
Rittenhouse, 18, is standing trial for murder charges over shooting and killing two people during a Black Lives Matter protest in Wisconsin last year. His lawyers cited prosecutorial misconduct in their request, saying the state attempted to introduce inadmissible evidence.
At issue was the prosecution asking Rittenhouse in front of the jury about his right to remain silent, which Schroeder said he had previously ruled the state prosecutor could not do. The prosecutor said he had a different understanding about the matter. “I don’t believe you,” Schroeder replied, and warned that there had “better not be another incident.”
The exchange grew heated as the prosecutor said he was acting in good faith.
“You’re an experienced trial attorney, and you’re telling me that when the judge says, ‘I’m excluding this,’ you just take it upon yourself to put it in because you think that you’ve found a way around it? Come on!” Schroeder yelled.
This is a developing story. Please check back for updates.