The Atlanta Journal-Constitution
Rittenhouse case thrown into jeopardy by mistrial bid
The murder case against Kyle Rittenhouse was thrown into jeopardy Wednesday when his lawyers asked for a mistrial over what appeared to be out-of-bounds questions asked of Rittenhouse by the chief prosecutor. The judge did not immediately rule on the request.
The startling turn came after Rittenhouse, in a high-stakes gamble, took the stand and testified that he was under attack when he shot three men, two fatally, during a night of turbulent protests against racial injustice in Kenosha in the summer of 2020.
“I didn’t do anything wrong. I defended myself,” the 18-year-old said.
In an account largely corroborated by video and the prosecution’s own witnesses, Rittenhouse said that the first man cornered him and put a hand on his rifle, the second man hit him with a skateboard, and the third man came at him with a gun of his own.
During cross-examination, prosecutor Thomas Binger asked Rittenhouse about whether it was appropriate to use deadly force to protect property. The prosecutor also posed questions about Rittenhouse’s silence after his arrest.
At that, the jury was ushered out of the room, and Circuit Judge Bruce Schroeder loudly and angrily accused Binger of pursuing
an improper line of questioning and trying to introduce testimony that the judge earlier said he was inclined to prohibit.
Rittenhouse lawyer Corey Chirafasi all but suggested prosecutors might be deliberately trying to cause a mistrial because this one is “going badly” for the prosecution and it wants a do-over. The defense asked for a mistrial with prejudice, meaning that if one is granted, Rittenhouse cannot be retried.
When Binger said he had been acting in good faith, the judge replied: “I don’t believe that.”
Rittenhouse is on trial for the shootings he committed during sometimes-violent protests that erupted in Kenosha over the wounding of a Black man by a white Kenosha police officer. He could get life in prison if convicted of the most serious charges against him.
Rittenhouse, who was 17 at the time, went to Kenosha with an Ar-style semi-automatic weapon and a medic bag in what the former police youth cadet said was an attempt to protect property after rioters had set fires and ransacked businesses on previous nights.
He testified that he fatally shot Joseph Rosenbaum after Rosenbaum chased him and put his hand on the barrel of Rittenhouse’s rifle. He said he then shot and killed Anthony Huber after Huber struck him in the neck with his skateboard and grabbed his gun.