On Wednesday, the defense team behind Kyle Rittenhouse told Judge Bruce Shroeder that they would be filing for a "mistrial with prejudice" because they believe that the prosecution is not acting in good faith.
"The defense is going to be making a motion for a mistrial, however, that motion is going to be requested with prejudice," said a defense lawyer for Rittenhouse.
If a mistrial is declared, Rittenhouse could be tried again for the same crime. However, the filing for a mistrial with prejudice would indicate that there should not be a further trial.
Judge Shroeder slammed Binger for not acting in good faith.
During Wednesday morning's trial, Assistant District Attorney Thomas Binger was admonished numerous times by the judge for attempting to state that Rittenhouse was not being trustworthy and "tailoring his testimony."
The defense issued an objection, saying that the prosecution was attempting to "comment on my client's right to remain silent."
"I am making the point that after hearing everything in the case, now he's tailoring his story to what has already been introduced," the prosecution said.
Judge Schroeder stated that "the problem is this is a grave constitutional violation for you to talk about a defendant's silence," and said that the prosecution was "right on the borderline."
The jury was then brought back into the room.
Binger was admonished for a second time shortly after, with the jury being asked to leave the room.
Rittenhouse's attorney said that he believed the state was "trying to provoke a mistrial" by continuing to calling into question Rittenhouse's silence after he was arrested in August 2020.
"You are already, I was astonished, when you began your examination by focusing on the defendant's post-arrest silence. That's basic law, it's been basic law in this country for 40 years, 50 years. I have no idea what you would do something like that," the judge said.
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