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Kyle Rittenhouse's Lawyer Calls For A Mistrial After Prosecution's Cross Examination

Kyle Rittenhouse's Lawyer Calls For A Mistrial After Prosecution's Cross Examination

Lead attorney Mark Richards told the court that the prosecution was 'attempting to provoke a mistrial'.

Stewart Perrie

Stewart Perrie

A lawyer for Kyle Rittenhouse has called for a mistrial in his homicide case following the prosecution's cross examination.

The teenager finally took stand to recount what happened the night was accused of shooting three men, killing two, during protests against police brutality last year.

At one point he cried and said one of his victims, 36-year-old Joseph Rosenbaum, threatened him twice before he opened fire with his assault rifle.

According to Vice News, prosecutor Thomas Binger cross examined the now 18-year-old and he allegedly brought up evidence that Judge Bruce Schroeder hadn't yet allowed to be presented in court.

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The judge previously admitted the evidence would likely be refused as evidence in the trial.

Rittenhouse's lead attorney Mark Richards told the court: "Your honour, Mr. Binger is either forgetting the court's rulings or attempting to provoke a mistrial in this matter."

The prosecution also questioned why Rittenhouse remained silent after he was arrested over the shooting.

Defence attorney Corey Chirafisi accused Mr Binger for the line of questioning and said it 'amounts to prosecutorial overreach'.

The prosecutor said he was acting in good faith during his cross examination, however Judge Schroeder replied: "I don't believe that."

The defence team has submitted a 'mistrial with prejudice', which, if approved, would mean the prosecution wouldn't be permitted to launch another trial for Rittenhouse.

Judge Bruce Schroeder addressing prosecutor Thomas Binger.
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Judge Bruce Schroeder said he will take the motion 'under advisement', however hasn't decided when he will rule on it.

Rittenhouse, who was 17 when the incident took place in August last year, is charged with killing two men and wounding a third with an assault-style rifle.

The one-time aspiring police officer travelled to Kenosha, Wisconsin, from his home in Illinois, after protests broke out over the shooting of a black man, Jacob Blake, by a white Kenosha police officer.

Rittenhouse said he went there to protect property after two nights in which rioters set fires and ransacked businesses.

In his opening statement, prosecutor Thomas Binger said the unrest was 'two of the roughest nights that our community has ever seen'.

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He added that amid the hundreds of people in Kenosha and the anger and chaos in the streets, 'the only person who killed anyone is the defendant, Kyle Rittenhouse'.

The defendant's lawyer, Mark Richards, hit back saying his client acted in self-defence after one of the men dived for his gun and others kicked him in the face.

Mr Richards said his client used his AR-style semi-automatic rifle because he feared the weapon would be taken away and used against him.

When he took the stand, Rittenhouse recalled being confronted by Joseph Rosenbaum: "He screamed 'if I catch any of you f****** alone, I'm going to f****** kill you'.

"The second time he said 'I'm going to cut your f****** hearts out and kill you N-words'."

Featured Image Credit: Sean Krajacic/The Kenosha News-POOL via ZUMA Press Wire

Topics: News, Kyle Rittenhouse