Albany Times Union

Questions flirt with mistrial, upset judge

- By Todd Richmond and Corey Williams

The murder case against Kyle Rittenhous­e flirted with a mistrial Wednesday after the lead prosecutor angered the judge with his questionin­g of the defendant.

Rittenhous­e’s attorneys called him to testify about his actions on Aug. 25, 2020, when he shot three men, killing two and wounding a third, during protests on the streets of Kenosha that followed a white police officer shooting Jacob Blake, a Black man, while responding to a domestic disturbanc­e.

Legal experts said doing so risked exposing Rittenhous­e to harsh cross-examinatio­n, and lead prosecutor Thomas Binger did so — with a line of questionin­g that prompted Judge Bruce Schroeder to shout at him and say, “I don’t believe you,” at one point when Binger argued he had been acting in good faith.

Rittenhous­e’s attorneys said they would seek a mistrial with prejudice — meaning the case could not be re-filed — and Schroeder said he would consider their motion later.

So what got the judge so angry?

Prosecutor­s earlier this year sought permission to introduce into evidence a brief video taken 15 days before the protest shootings, in which Rittenhous­e is heard watching some men exit a CVS pharmacy and commenting that he wished he had his rifle so he could shoot them because he thought they were shoplifter­s.

Binger argued at a pretrial hearing that it showed Rittenhous­e’s mindset as “a teenage vigilante, involving himself in things that don’t concern him.” But Schroeder questioned its relevance and said at a pretrial hearing that he was inclined not to allow it — but suggested he might reassess that at trial.

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RITTENHOUS­E

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