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.
Defense attorney Corey Chirafisi asked Judge Bruce Schroeder to declare a mistrial “with prejudice,” which would prevent prosecutors from bringing the charges again. That provision, Chirafisi claimed, was necessary to prevent prosecutors from deliberately ruining their own case to get “another kick at the cat.” He said that prosecutors, led by Assistant District Attorney Thomas Binger, had acted in “bad faith” — a key element of dismissal with prejudice.
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.
Earlier, the following exchange took place:
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. . . .
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