Kyle Rittenhouse trial: Judge considers mistrial bid in Kenosha shooting case amid iPad video confusion

Kyle Rittenhouse breaks down on the stand as he testifies about his encounter with the late Joseph Rosenbaum during his trial at the Kenosha County Courthouse in Kenosha, Wisconsin, November 10, 2021 (REUTERS)

The judge presiding over Kyle Rittenhouse’s homicide trial said he will consider a defence motion for a mistrial after the defendant took the stand on Wednesday.

Mr Rittenhouse’s attorneys are seeking a mistrial with prejudice due to what they called “prosecutorial misconduct”. The defence accused prosecutors of violating Mr Rittenhouse’s rights by mentioning his silence in the wake of the 25 August 2020 shootings and by referencing a video that was previously deemed inadmissible.

If the motion is granted, Mr Rittenhouse cannot be tried again for the same crimes.

The 18-year-old is facing five charges including homicide and minor in possession of a weapon for shooting dead Joseph Rosenbaum and Anthony Huber and injuring Gauge Grosskreutz during protests in Kenosha, Wisconsin. He could be sentenced to a maximum of life in prison if convicted.

Earlier in Wednesday’s hearing, Mr Rittenhouse walked through the night of the shootings and broke down in tears as he described fearing for his life when confronted by protesters. “I didn’t do anything wrong. I defended myself,” he said.

Under cross-examination, Mr Rittenhouse acknowledged that it was illegal for him to carry AR-15 rifle he used in the shootings and said he had a friend purchase it for him because: “I thought it looked cool.”

Prosecutor Thomas Binger sought to highlight Mr Rittenhouse’s lack of experience with AR-15s but questioning what he knows about the “full metal jacket” rounds used in the shooting.

Tensions boiled over just before lunch when Judge Bruce Schroeder admonished the prosecution for referencing a video that had been excluded from evidence at a pretrial hearing.

Later in the day, the prosecution took another hit when the defence sought to exclude another video on the grounds that it was filmed on an iPad with the “pinch to zoom” feature. Judge Schroeder sided with the defence and said the prosecution should bring in an expert to prove that the footage is reliable.

Follow the latest updates live:

[10 November 2021 22:44 · Josh Marcus]

Judge says new evidence won’t enter case without ‘astonishing justification,’ as case wraps for day

The parties are all back in the courtroom, and a dispute has broken out about the possibility of the defence admitting further evidence into the case. “There’s a lot of opinions in here about what the defendant was doing,” prosecutor Thomas Binger said in protest of a new report under discussion. “Unless he’s got some astonishing justifications, then it won’t be admitted,” Judge Bruce Shroeder responded. In the end, the judge said the parties would work through evidentiary issues at a later stage.

[10 November 2021 22:44 · Josh Marcus]

Judge says new evidence won’t enter case without ‘astonishing justification,’ as case wraps for day

The parties are all back in the courtroom, and a dispute has broken out about the possibility of the defence admitting further evidence into the case.

“There’s a lot of opinions in here about what the defendant was doing,” prosecutor Thomas Binger said in protest of a new report under discussion.

“Unless he’s got some astonishing justifications, then it won’t be admitted,” Judge Bruce Schroeder responded. In the end, the judge said the parties would work through evidentiary issues at a later stage.

[10 November 2021 22:47 · Josh Marcus]

Jury dismissed as case heads to likely close early next week

The jury has been dismissed for today, and Judge Schroeder indicated he believes the trial itself will conclude on Monday or Tuesday of next week.

[10 November 2021 23:01 · Josh Marcus]

ICYMI: A dramatic day in court for Kyle Rittenhouse comes to a close

The circumstances at issue in Kyle Rittenhouse’s trial were dramatic enough: a police shooting leading to chaotic protests; three men shot with an AR-15 and charges for homicide and weapons possession.

Wednesday’s court proceedings kept up the stakes, as Mr Rittenhouse sobbed on the stand, prosecutors sparred with Judge Bruce Schroeder, and the defence called for a mistrial.

Catch up on The Independent’s reporting from the day’s legal drama here, featuring stories from Gustaf Kilander, Alex Woodward, and Megan Sheets.

[10 November 2021 23:17 · Josh Marcus]

WATCH: Kyle Rittenhouse sobs on the stand as he recounts night of shooting

Kyle Rittenhouse, who is facing homicide and weapons possession charges, broke down on the stand on Wednesday, sobbing as he tried to describe the events surrounding his shooting of three men during Black Lives Matter protests in Kenosha, Wisconsin, last year.

Watch video of the emotional exchange below, which ultimately led the court to pause to allow the 18-year-old to compose himself.

[10 November 2021 23:30 · Josh Marcus]

Judge demands proof that pinch zoom doesn’t distort video after bizarre defence claims

The judge presiding over the double homicide trial of Kyle Rittenhouse has suggested that prosecutors need to bring an expert witness to testify how the pinch to zoom feature works on an iPad.

Judge Bruce Schroeder’s bizarre debate appeared to legitimise a claim from defence attorneys that enlarging the screen uses “logarithms” to add pixels, and forced the prosecution to prove that it does not. Alex Woodward has more here on the unexpected tech literacy lesson occupying the Rittenhouse trial.

[10 November 2021 23:45 · Josh Marcus]

What our columnists are saying about the Kyle Rittenhouse trial

In high-profile cases, what’s going on outside the courtroom often matters as much as what’s happening inside, and the Kyle Rittenhouse double homicide trial is no different.

Independent Voices writer Skylar Baker-Jordan has this look at how race and politics might be playing into the trial.

[11 November 2021 00:05 · Josh Marcus]

Speaking of cases: Everything we know about lawsuits facing Travis Scott and Live Nation

Rapper Travis Scott is being sued by a number of injured concertgoers over the mass casualty incident that left eight dead at his Astroworld music festival.

Eight people died on Friday night and hundreds more were injured after the crowd surged towards the stage on the first night of Travis Scott’s two-day festival in Houston, Texas. Holly Bancroft has this report on the growing legal challenges lining up against the hip-hop star.

[11 November 2021 00:30 · Josh Marcus]

Will the Kyle Rittenhouse trial trigger more unrest? Chicago thinks so

Chicago is gearing up for unrest in the event Kyle Rittenhouse is acquitted of homicide charges.

The Chicago Police Department (CPD) cancelled all scheduled days off for all personnel beginning this Friday. Megan Sheets has the story here.

[11 November 2021 00:59 · Josh Marcus]

As Rittenhouse goes on trial, don’t forget about Jacob Blake

Though Kyle Rittenhouse and his ongoing trial has come to dominate the narrative of the 2020 Kenosha protests, its worth remembering why they started in the first place: a Kenosha Police Department officer fired seven shots into the back of a Black man named Jacob Blake, paralysing him from the waist down. In October of this year, the Justice Department elected not to file civil rights charges against the officer.

The Independent’s Alex Woodward had this report.