{"id":995495,"date":"2021-11-10T17:59:19","date_gmt":"2021-11-10T22:59:19","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=995495"},"modified":"2021-11-10T17:59:22","modified_gmt":"2021-11-10T22:59:22","slug":"rittenhouse-defense-asks-for-mistrial-with-prejudice","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/rittenhouse-defense-asks-for-mistrial-with-prejudice\/","title":{"rendered":"Rittenhouse Defense Asks For Mistrial With Prejudice"},"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\">14<\/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%2Frittenhouse-defense-asks-for-mistrial-with-prejudice%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=995495&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>Following a lunch break, the defense team for Kyle Rittenhouse asked Judge Bruce Schroeder for a mistrial with prejudice, which, if granted, would effectively dismiss the case permanently.<\/p>\n<p>The motion from defense was made before Rittenhouse was further questioned by prosecution on Wednesday.<\/p>\n<p>\u201cThe defense is arguing the prosecution was out of line and his conduct was extreme,\u201d <a href=\"https:\/\/www.foxnews.com\/live-news\/kyle-rittenhouse-takes-the-stand-in-his-own-defense-live-updates\">reported<\/a> Fox News\u2019 Jiovanni Lieggi.<\/p>\n<p>\u201cCircuit Court Judge Bruce E. Schroeder says he will take the motion under advisement after back-and-forth with the prosecutor in question, Assistant District Attorney Thomas Binger,\u201d Lieggi added. \u201cJudge adds that he does not believe the Binger was acting in good faith.\u201d<\/p>\n<p>As highlighted by <a href=\"https:\/\/www.dailywire.com\/news\/breaking-watch-rittenhouse-judge-stops-trial-explodes-after-prosecutor-risks-grave-constitutional-violation\">The Daily Wire<\/a>, Binger&nbsp;was scolded by Judge Schroeder on two occasions before the lunch break over his questioning of Rittenhouse.<\/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 Schroeder told the prosecutor, after sending out the jury. \u201cI can\u2019t think of an initial case on it, but this is not permitted.\u201d<\/p>\n<p>He was admonished once more, before lunch, The Daily Wire outlined:<\/p>\n<p><em>Later on during Binger\u2019s examination, the judge sent the jury out again after the prosecutor began to veer into a line of questioning that Binger did not approve with Schroeder beforehand, and that Schroeder had suggested he would forbid in pretrial hearings. The second infraction brought an explosion from the judge over the first, and Schroeder again ripped into Binger for potentially violating Rittenhouse\u2019s rights protected under the Constitution.<\/em><\/p>\n<p>\u201cI was astonished when you began your examination by commenting on the defendant\u2019s post-arrest silence. That\u2019s basic law. It\u2019s been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that! And it gives, well, I\u2019ll leave it at that. So I don\u2019t know what you\u2019re up to,\u201d the judge said.<\/p>\n<p>Earlier in the day, when the defense team was questioning Rittenhouse, the teen&nbsp;broke down sobbing while recalling the fatal shooting of Joseph Rosenbaum, The Daily Wire reported.<\/p>\n<p>Rittenhouse, detailing the moments before he fired on Rosenbaum recalled Rosenbaum yelling \u201cburn in hell\u201d to him before Rittenhouse yelled \u201cfriendly, friendly, friendly!\u201d in an attempt to calm Rosenbaum. But he was chased.<\/p>\n<p>The teen described feeling \u201ctrapped\u201d by Rosenbaum and another man, identified during the trial as Joshua Ziminski, who fired his pistol in the air. The<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Following a lunch break, the defense team for Kyle Rittenhouse asked Judge Bruce Schroeder for a mistrial with prejudice, which, if granted, would effectively dismiss the case permanently.The motion from defense was made before Rittenhouse was further questioned by prosecution on Wednesday.\u201cThe defense is arguing the prosecution was out of line and his conduct was extreme,\u201d reported Fox News\u2019 Jiovanni Lieggi.\u201cCircuit Court Judge Bruce E. Schroeder says he will take the motion under advisement after back-and-forth with the prosecutor in question, Assistant District Attorney Thomas Binger,\u201d Lieggi added. \u201cJudge adds that he does not believe the Binger was acting in good faith.\u201dAs highlighted by The Daily Wire, Binger\u00a0was scolded by Judge Schroeder on two occasions before the lunch break over his questioning of Rittenhouse.\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 Schroeder told the prosecutor, after sending out the jury. \u201cI can\u2019t think of an initial case on it, but this is not permitted.\u201dHe was admonished once more, before lunch, The Daily Wire outlined:Later on during Binger\u2019s examination, the judge sent the jury out again after the prosecutor began to veer into a line of questioning that Binger did not approve with Schroeder beforehand, and that Schroeder had suggested he would forbid in pretrial hearings. The second infraction brought an explosion from the judge over the first, and Schroeder again ripped into Binger for potentially violating Rittenhouse\u2019s rights protected under the Constitution.\u201cI was astonished when you began your examination by commenting on the defendant\u2019s post-arrest silence. That\u2019s basic law. It\u2019s been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that! And it gives, well, I\u2019ll leave it at that. So I don\u2019t know what you\u2019re up to,\u201d the judge said.Earlier in the day, when the defense team was questioning Rittenhouse, the teen\u00a0broke down sobbing while recalling the fatal shooting of Joseph Rosenbaum, The Daily Wire reported.Rittenhouse, detailing the moments before he fired on Rosenbaum recalled Rosenbaum yelling \u201cburn in hell\u201d to him before Rittenhouse yelled \u201cfriendly, friendly, friendly!\u201d in an attempt to calm Rosenbaum. But he was chased.The teen described feeling \u201ctrapped\u201d by Rosenbaum and another man, identified during the trial as Joshua Ziminski, who fired his pistol in the air. The teen said the man had the pistol pointed at him during the incident.Before describing his actions to fire, Rittenhouse sobbed uncontrollably and a ten minute recess was called.Rittenhouse was 17 years old when he was arrested for fatally shooting two men, as well as injuring a third during unrest in Kenosha, Wisconsin, following the police shooting of Jacob Blake. Rittenhouse has been charged with five felony counts and one misdemeanor, including first-degree intentional homicide, first-degree reckless homicide, two counts of first-degree recklessly endangering safety, attempted first-degree intentional homicide, and possession of a dangerous weapon by a person under 18.He has pleaded not guilty to all charges and says he acted in self-defense.Related:\u00a0WATCH: Rittenhouse Judge Stops Trial, Explodes After Prosecutor Risks \u2018Grave Constitutional\u00a0Violation\u2019Related:\u00a0Kyle Rittenhouse Breaks Down Into Sobs While Testifying On Stand, Recess\u00a0CalledRelated: 8 Key Moments To Know From The Kyle Rittenhouse\u00a0TrialThe 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-995495","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\/995495","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=995495"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/995495\/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=995495"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=995495"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=995495"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}