Kyle Rittenhouse’s lawyers say they’ll seek mistrial

KENOSHA, Wis. — Amid threats of a mistrial, the judge presiding over the Kyle Rittenhouse murder trial lashed out at a prosecutor Wednesday for ignoring a pretrial ruling and challenging the defendant’s right to remain silent.

Kenosha County Circuit Judge Bruce Schroeder sent the jury out of the courtroom before blasting the prosecutor, whose questioning of Rittenhouse led to two fierce objections from the teen’s defense.

“I don’t know what you’re up to,” Schroeder told Assistant District Attorney Thomas Binger.

The first blowup came after Binger referenced Rittenhouse’s decision not to talk to police after being arrested. Considered one of the accused’s most important protections, defendants cannot be questioned on the choice to remain silent at any point in their criminal case.

When the jury returned to the courtroom, Binger began an unrelated line of questioning and soon incurred the judge’s wrath for a second time, as he asked questions about whether Rittenhouse believed he could use his gun to protect property. The defense objected, and the judge sent jurors from the room again.

A furious Schroeder accused Binger of ignoring a pretrial ruling that barred him from mentioning a video shot weeks before the August 2020 shootings in which Rittenhouse allegedly talks about wanting to shoot people he believes are shoplifting from a local convenience store pharmacy.

When Binger tried to defend himself, the judge snapped. “Don’t get brazen with me,” Schroeder yelled.

The defense asked the judge for a mistrial with prejudice, meaning that if Schroeder granted it, Rittenhouse could not be retried for the shootings. The judge did not immediately rule on the defense request, saying he would give prosecutors time to respond.