UPDATE 11/18, 6 a.m.: The jury deliberations in Kyle Rittenhouse‘s self-defense trial were set to resume for a third day after Judge Bruce Schroeder did not immediately rule on the defense’s request for a mistrial with prejudice.
The ruling came late Tuesday after it was revealed that prosecutor Thomas Binger withheld potentially exculpatory evidence by intentionally providing the defense with a compressed, lower-resolution video that showed considerably less visual detail.
Binger then proceeded to build his entire case around the details in the video.
Handbrake software discovered on the laptops of the prosecution appeared to confirm the possibility that this had been done deliberately.
Schroeder slammed the prosecution’s unconvincing explanation for why it had provided the inferior video.
Meanwhile, the jury, which had not been present for the courtroom drama surrounding the video compression, requested to review the video, prompting Schroeder to remark, ““My nightmare has come true,” Breitbart reported.
The judge said he had “qualms” about admitting the video during the trial, but because it had already been shown in court, he would allow the jury to re-watch it during deliberations.
But if it turns out the video should not have been admitted into evidence, “it’s going to be ugly,” Schroeder warned.
He said the mistrial request will have to be addressed if there is a guilty verdict.
If Rittenhouse is acquitted, the issue will be moot. But if he is found guilty, a mistrial ruling would essentially void the verdict.
Original story below:
Kyle Rittenhouse‘s defense team on Tuesday filed a surprise motion for a mistrial with prejudice—meaning the case could not be retried—while alleging that the corrupt prosecution had withheld exculpatory evidence by supplying a lower-resolution drone video recording.
“What that means is that the video provided to the defense was not as clear as the video kept by the state,” said the filing.
“… During the jury instructions conference, the defense played their version of the video for the court to review,” it continued. “”The state indicated their version was much clearer and had their tech person come into court to review their clearer video.”
Cont’d pic.twitter.com/JJf97z5VSI
— Jacek Posobiec ???? (@JackPosobiec) November 17, 2021
According to conservative reporter Jack Posobiec, the prosecution’s video shows that Rittenhouse did not aim his rifle at Joshua Ziminski—a rioter in close proximity to Joseph Rosenbaum, who was the first person shot by Rittenhouse.
Ziminski is believed to have fired a shot in advance of Rittenhouse’s shooting of Rosenbaum, so much of the self-defense argument may rest on whose act of aggression came first.
The filing came at the end of the jury’s first day of deliberation, which the defense may take as a bad sign given the disastrous case that prosecutor Thomas Binger laid out.
With his witnesses undercutting Binger’s case on stand repeatedly and Democrat-appointed Judge Bruce Schroeder berating him for gross abuses of Rittenhouse’s legal rights, Binger capped off his debacle by pointing an AR-15 rifle at the jury during his closing arguments.
The defense filing again slammed him for his egregious abuses.
“The prosecution should be required to explain to the court why they did not copy the footage for the defendant with the same quality as their copy,” it said.
“The video footage has been at the center of this case,” it continued. “The idea that the state would provide lesser quality footage and then use that footage as a linchpin in their case … is intentional and clearly prejudices the defendant.
Nonetheless, biased media and activist pressure threaten to create a miscarriage of justice to the utmost degree.
Schroeder has astoundingly received threats of violence requiring police protection, and Democrat Gov. Tony Evers has been forced to put the National Guard on standby as radical left-wing activists call for the city of Kenosha to burn if the verdict does not go their way.
