The courtroom got heated in the Rittenhouse trial as the prosecution violated the defendant’s rights, giving the defense an opportunity to ask for a mistrial ruling.
“The defense in the murder trial of Kyle Rittenhouse in Kenosha, Wisconsin, moved Wednesday afternoon for a mistrial based on the prosecution’s violations of the defendant’s rights and the judge’s previous rulings about admissible evidence,” reported Breitbart News.
“The motion came after a lunch break, and after Judge Schroeder had admonished the prosecution that it had committed a ‘grave constitutional violation’ by referring to Rittenhouse’s previous silence, which conflicts with his Fifth Amendment right to remain silent,” Breitbart News reported.
This exchange took place in the courtroom:
Defense attorney: Your Honor — I don’t want the jury to hear — he’s commenting on my client’s right to remain silent.
Prosecutor: No, Your Honor. I am making the point that after hearing everything in the case, now he’s tailoring his story to what has already been introduced.
Judge: The problem is, this is a grave constitutional violation for you to talk about the defendant’s silence, and that is — and you’re right on the borderline, and you may be over it. But it better stop.
Judge: This is — I can’t think of the case, the initial case on it. But this is not permitted.
Judge Schroeder reserved judgment on the motion.
“Later, when the prosecution argued for the admission of a photograph into evidence showing Rittenhouse wearing a shirt with an expletive on it, the judge noted that Rittenhouse is not on trial for ‘exquisitely bad judgment’ or ‘behaving in a very offensive way,’ but for murder,” reported Breitbart News.
To read more about the Rittenhouse murder trial, click here.