{"id":1023320,"date":"2021-11-17T12:14:34","date_gmt":"2021-11-17T17:14:34","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1023320"},"modified":"2021-11-17T12:14:40","modified_gmt":"2021-11-17T17:14:40","slug":"new-video-absolutely-calls-for-a-mistrial-with-prejudice-says-top-self-defense-lawyer","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/new-video-absolutely-calls-for-a-mistrial-with-prejudice-says-top-self-defense-lawyer\/","title":{"rendered":"New Video \u2018Absolutely Calls For A Mistrial With Prejudice,\u2019 Says Top Self-Defense Lawyer"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">26<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fnew-video-absolutely-calls-for-a-mistrial-with-prejudice-says-top-self-defense-lawyer%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1023320&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The defense team in the Kyle Rittenhouse trial on Tuesday filed an updated motion for mistrial with prejudice, which&nbsp;included claims of the prosecution withholding video evidence from defense.<\/p>\n<p>As <a href=\"https:\/\/www.nationalreview.com\/news\/rittenhouse-defense-team-accuses-prosecutors-of-withholding-evidence-seeks-mistrial\/\">outlined<\/a> by National Review, \u201cdefense accuses the prosecution&nbsp;of introducing drone footage of the incident in question that was lower quality than the footage that was already admitted into evidence and presented to the jury.&nbsp;The prosecution claims the new video, brought in after the trial was already underway, shows that Rittenhouse instigated the altercations in which he fatally shot two men and wounded a third in Kenosha, Wisc. last summer amid the Black Lives Matter riots.\u201d<\/p>\n<p>\u201cThe video footage has been at the center of this case,\u201d reads the motion from defense. \u201cThe failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant.\u201d<\/p>\n<p>Top self-defense lawyer and legal expert <a href=\"https:\/\/lawofselfdefense.com\">Andrew Branca<\/a>&nbsp;told The Daily Wire on Wednesday that the apparent video withholding \u201cabsolutely calls for a mistrial with prejudice,\u201d especially when compounded with other offenses by prosecution.<\/p>\n<p>\u201cIn my professional opinion this news that the defense was only provided with a low-resolution version of the drone video absolutely calls for a mistrial with prejudice, especially when compounded by the other already existing grounds for such a dismissal,\u201d Branca said via email.<\/p>\n<p>The legal expert <a href=\"https:\/\/www.dailywire.com\/news\/breaking-watch-rittenhouse-judge-stops-trial-explodes-after-prosecutor-risks-grave-constitutional-violation\">noted<\/a> of Assistant District Attorney Thomas Binger attempting to use banned evidence and risking a violation of Rittenhouse\u2019s Fifth Amendment privileges.<\/p>\n<p>\u201cThe problem is this is a grave constitutional violation for you to talk about the defendant\u2019s silence, and that is, you\u2019re right on the borderline. And you may be over, but it better stop,\u201d Judge Bruce Schroeder scolded Binger, last week. \u201cI can\u2019t think of an initial case on it, but this is not permitted.\u201d<\/p>\n<p>Branca underscored the importance of the drone video evidence in question for the prosecution, underscoring his argument for grounds of a mistrial with prejudice.<\/p>\n<p>\u201cThe prosecution\u2019s entire theory of the case, their narrative of guilt, is that Kyle Rittenhouse provoked Joseph Rosenbaum\u2019s attack on him,\u201d he told The Daily Wire. \u201cThe only evidence the prosecution has ever offered in support of this claim of provocation is this drone video.\u201d<\/p>\n<p>\u201cGiven that the State only provided the defense with a low-resolution version means the defense was unable to either adequately prepare Rittenhouse for his own testimony, or their own counter-argument against the value of the drone video as evidence of provocation,\u201d Branca explained.<\/p>\n<p>Branca on Wednesday<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The defense team in the Kyle Rittenhouse trial on Tuesday filed an updated motion for mistrial with prejudice, which\u00a0included claims of the prosecution withholding video evidence from defense.As outlined by National Review, \u201cdefense accuses the prosecution\u00a0of introducing drone footage of the incident in question that was lower quality than the footage that was already admitted into evidence and presented to the jury.\u00a0The prosecution claims the new video, brought in after the trial was already underway, shows that Rittenhouse instigated the altercations in which he fatally shot two men and wounded a third in Kenosha, Wisc. last summer amid the Black Lives Matter riots.\u201d\u201cThe video footage has been at the center of this case,\u201d reads the motion from defense. \u201cThe failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant.\u201dTop self-defense lawyer and legal expert Andrew Branca\u00a0told The Daily Wire on Wednesday that the apparent video withholding \u201cabsolutely calls for a mistrial with prejudice,\u201d especially when compounded with other offenses by prosecution.\u201cIn my professional opinion this news that the defense was only provided with a low-resolution version of the drone video absolutely calls for a mistrial with prejudice, especially when compounded by the other already existing grounds for such a dismissal,\u201d Branca said via email.The legal expert noted of Assistant District Attorney Thomas Binger attempting to use banned evidence and risking a violation of Rittenhouse\u2019s Fifth Amendment privileges.\u201cThe problem is this is a grave constitutional violation for you to talk about the defendant\u2019s silence, and that is, you\u2019re right on the borderline. And you may be over, but it better stop,\u201d Judge Bruce Schroeder scolded Binger, last week. \u201cI can\u2019t think of an initial case on it, but this is not permitted.\u201dBranca underscored the importance of the drone video evidence in question for the prosecution, underscoring his argument for grounds of a mistrial with prejudice.\u201cThe prosecution\u2019s entire theory of the case, their narrative of guilt, is that Kyle Rittenhouse provoked Joseph Rosenbaum\u2019s attack on him,\u201d he told The Daily Wire. \u201cThe only evidence the prosecution has ever offered in support of this claim of provocation is this drone video.\u201d\u201cGiven that the State only provided the defense with a low-resolution version means the defense was unable to either adequately prepare Rittenhouse for his own testimony, or their own counter-argument against the value of the drone video as evidence of provocation,\u201d Branca explained.Branca on Wednesday morning, appearing on a legal YouTube channel called Rekieta Law, emphasized that the \u201cburden\u201d of providing defense the accurate video evidence is on the state, not the defense. The commentary came after some suggested the poor video quality could have been sent to defense by mistake.Related:\u00a0WATCH: Rittenhouse Judge Stops Trial, Explodes After Prosecutor Risks \u2018Grave Constitutional\u00a0Violation\u2019Related:\u00a0Rittenhouse Judge Receives Hundreds Of Vile Messages: Wishing \u2018Most Heinous Homicide\u2019 On His Kids, Threatening His Own Life:\u00a0ReportRelated:\u00a0Report: Protesters Promise To \u2018Shut It Down\u2019 If Kyle Is Acquitted, \u2018Noise\u2019 Heard Inside\u00a0CourtroomThe Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a member.<\/p>\n","protected":false},"author":64,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1023320","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1023320","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/64"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1023320"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1023320\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1023320"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1023320"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1023320"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}