Prosecutors could be barred from re-trying Rittenhouse if prosecutors intentionally caused mistrial: Expert
Fox News
Wisconsin prosecutors could be barred from re-trying Kyle Rittenhouse if a defense motion for a mistrial is granted and the court rules that prosecutors intentionally caused the mistrial, according to legal experts.
Kenosha County Assistant District Attorney Thomas Binger was cross-examining Rittenhouse, who stands accused of shooting three men, two fatally, during a night of chaotic protests and riots in Kenosha last year. Binger asked Rittenhouse about his silence after his arrest and the use of deadly force to protect property.
"I was astonished when you began your examination by commenting on the defendant’s post-arrest silence," Schroeder told Binger after the jury was ushered out of the courtroom. "That's basic law. It's been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that. You know very well that an attorney can't go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so. So don't give me that. That's number one."