Los Angeles Times

Rittenhous­e team seeks mistrial

As jury deliberati­ons continue, defense lawyers argue that an inferior copy of a key video hurt their case.

- By Michael Tarm, Scott Bauer and Amy Forliti Tarm, Bauer and Forliti write for the Associated Press.

KENOSHA, Wis. — Kyle Rittenhous­e’s lawyers asked the judge on Wednesday to declare a mistrial, saying they had received an inferior copy of a key video from prosecutor­s and would have approached his defense differentl­y if they’d received the higher-quality video earlier.

Judge Bruce Schroeder did not immediatel­y rule on the request, which came after jurors, deliberati­ng for a second day in Rittenhous­e’s murder trial, asked to review video evidence.

Defense attorney Corey Chirafisi said Rittenhous­e’s team initially received a compressed version of a video taken by drone that prosecutor­s played for jurors in closing arguments. Prosecutor­s said it showed Rittenhous­e pointing his gun at protesters before being chased by the first man he shot and killed during a night of turbulent street protests against racial injustice in Kenosha in August 2020.

Rittenhous­e, 18, faces life in prison if convicted on the most serious charge for using an AR-style semiautoma­tic rifle to kill two men and wound a third. The former police youth cadet is white, as were those he shot.

Rittenhous­e testified that he acted in self-defense, while prosecutor­s argued that he provoked the violence. The case has drawn nationwide attention amid the U.S. debate over guns, racial justice protests, vigilantis­m, and law and order.

Jurors weighed charges against Rittenhous­e for a second day, trying to determine whether he was the instigator of the bloodshed or a concerned citizen who came under attack while trying to protect property.

About two hours into deliberati­ons Wednesday, jurors asked to view video shown earlier in the trial.

Prosecutor Thomas Binger said they should be able to view any video as many times as they wanted, and the judge seemed to agree.

“Sometimes there is one piece of evidence that is absolutely critical .... To me, if they want to watch it 100 times, that’s them,” Schroeder said.

But defense attorneys said they would object to the jury viewing the drone video that prosecutor­s had played. Chirafisi said the defense didn’t get the same quality of video until after the evidentiar­y portion of the case was closed.

He said the defense was asking for a “level, fair playing field” and requesting a mistrial “without prejudice,” meaning prosecutor­s could try Rittenhous­e again if the judge were to grant the request.

Prosecutor­s countered that the jury saw the highest-quality version of the video during the trial and that there were no objections when it was played.

“We’re focusing too heavily on a technologi­cal glitch,” prosecutor James Kraus said, adding that it wasn’t prosecutor­s’ fault that the defense received the file in compressed form.

Kraus said the video proves that Rittenhous­e lied on the stand when he said he didn’t point his rifle at protesters. Prosecutor­s say he did point his rifle, which provoked protesters, including Joseph Rosenbaum, who then chased Rittenhous­e and was shot and killed by him.

Both sides agreed with loading the videos that jurors wanted to see onto a computer for them to view in the jury room.

Schroeder said he had his “qualms” about admitting the video during the trial, but because it was shown in court “we might as well follow through with it.”

Earlier in the day, the judge said he would “think long and hard” about allowing televised trials in the future. He took exception to news stories about him not allowing the men Rittenhous­e shot to be called victims, letting Rittenhous­e play a minor role in determinin­g which jurors were alternates and not yet ruling on the defense motion for a mistrial.

Schroeder said he hadn’t read the motion because he only recently received it.

Though protests have been generally muted around the courthouse, on Wednesday a man arrived carrying a long rifle and wearing what appeared to be body armor. He left after being approached by police, returning later without the gun. On Tuesday the man shouted anti-Black Lives Matter statements through a megaphone, and was involved in a confrontat­ion with another protester.

Rittenhous­e was 17 when he went to Kenosha from his home in Antioch, Ill., in what he said was an effort to protect property from rioters in the days after a Black man, Jacob Blake, was shot by a white Kenosha police officer.

Rittenhous­e shot and killed Rosenbaum, 36, and Anthony Huber, 26, and wounded Gaige Grosskreut­z, now 28.

 ?? KYLE RITTENHOUS­E Sean Krajacic Pool Photo ?? listens Wednesday during courtroom discussion­s of the jury’s request to view videos from the night that he shot protesters, killing two.
KYLE RITTENHOUS­E Sean Krajacic Pool Photo listens Wednesday during courtroom discussion­s of the jury’s request to view videos from the night that he shot protesters, killing two.

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