By Grant Atkinson  November 17, 2021 at 11:47am

Early on Wednesday, it was reported that the defense team for 18-year-old Kyle Rittenhouse had motioned for a mistrial due to the prosecution’s alleged withholding of important video evidence. When the attorneys entered the courtroom, the defense attacked lead prosecutor Thomas Binger with an accusation.

“I ask the court to consider, the drone footage was turned over by an anonymous person who we supposedly now know who it is … on the first Friday of the jury,” defense lawyer Mark Richards said.

“We were provided a copy of that from Mr. [James] Kraus that was neither in the length or definition clarity that the state had. We did not get the full download that they received until Saturday [or] Sunday of last weekend after all the evidence was closed, and that’s a real problem.”

According to the Chicago Tribune, the prosecution has relied on this drone recording for their case. The prosecution has said it shows Rittenhouse pointing his gun at bystanders before he was threatened, which they feel proves he was the aggressor and was not acting in self-defense.

“The video footage has been at the center of this case,” the defense motion said, according to the Tribune. “The failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant.”

BREAKING: Lawyers called back into court.

Defense blasting Binger over not giving them full HD version of video and that AMP website says software not to be used for evidence

— Jacek Posobiec 🇺🇸🇵🇱 (@JackPosobiec) November 17, 2021

In addition, the prosecution has admitted to using edited and/or enhanced video footage as evidence during the trial. Richards said Wednesday this footage should have been inadmissible in court.

Should Judge Schroeder grant a mistrial with prejudice?

“[S]ince doing our research, the specific Amped [software] owners’ manual says that when using AI to enhance photographs or videos, it is for investigative purposes only,” Richards said. “It is not forensically to be used in a court of law and should be labeled as such.”

Senior editor of Human Events Jack Posobiec posted both the high definition footage the state had and the lower quality footage they showed the court on Twitter. He said the HD version proved Rittenhouse did not point his gun at bystanders.

SCOOP: ⁦@HumanEvents⁩ has obtained both versions of the Kyle Rittenhouse drone video

The low quality version provided to the defense

And the HD version withheld by prosecutors

Here is the low quality version:

— Jacek Posobiec 🇺🇸🇵🇱 (@JackPosobiec) November 17, 2021

And here is the HD version that was withheld from the defense team

The HD version clearly shows Kyle did not aim his rifle at the Ziminskis

— Jacek Posobiec 🇺🇸🇵🇱 (@JackPosobiec) November 17, 2021

The Tribune reported the motion also points to a previous moment during the trial when Binger seemingly questioned Rittenhouse’s right to remain silent after he was arrested. Judge Bruce Schroeder angrily admonished Binger for that incident.

“I was astonished when you began your examination by commenting on the defendant’s post-arrest silence,” Schroeder said. “That’s basic law. It’s been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that … I don’t know what you’re up to.”

The Judge in the Rittenhouse case yells at the prosecutor, Binger.

“I don’t know what you’re up to”#KyleRittenhouse 🇺🇸

— ⋆Save⋆America⋆ (@chadabizeid) November 11, 2021

According to the Milwaukee Journal Sentinel, the defense motion is for a mistrial with prejudice. This would mean prosecutors could not refile charges against Rittenhouse.

If Rittenhouse is acquitted of the charges, the motion will be moot. However, Schroeder would have to issue a ruling on the motion if Rittenhouse is found guilty.

Grant is a graduate of Virginia Tech with a bachelor’s degree in journalism. He has five years of writing experience with various outlets and enjoys covering politics and sports.

Grant is a graduate of Virginia Tech with a bachelor’s degree in journalism. He has five years of writing experience with various outlets and enjoys covering politics and sports.


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