Defense attorneys filed a prejudiced misconduct petition during the Kyle Rittenhouse trial on Monday, alleging intentional “excessive prosecution.”
The seven-page plea, filed on Monday, was made available to CNN by the court clerk this morning.
The proposal points to a challenging exchange between Judge Bruce Schroeder and Assistant Kenosha District Attorney Thomas Binger about his line of questioning when Rittenhouse testified last week, which the judge warned could violate Rittenhouse’s Fifth Amendment rights to the United States Constitution remain silent.
In court on Wednesday, the judge initially called the discussion of the defendant’s silence a “serious violation of the constitution,” but later said it was “right on the border.”
Defense attorneys also pointed to a second incident in their petition from Wednesday, in which Schroeder reminded prosecutors of an incident two weeks before the shooting that the judge said would not allowed as evidence.
CNN has previous report that the attorneys notified the court of their intention to file the lawsuit last Wednesday after cross-examining Rittenhouse. A fallout with prejudice will mean that there will be no chance for a retrial.
The move also rekindled a heated exchange between the lawyers on Friday over a drone video in which the alleged state Rittenhouse can be seen raising and pointing its weapon. into a man near Joseph Rosenbaum. The state says this is what incited Rosenbaum to start pursuing Rittenhouse
Defense attorneys said in their motion that they were given the compressed version of the drone video that was only 3.6MB, while the state had a higher resolution version of 11, 2 MB. Schroeder told his attorney Friday that he will let the jury decide on the video.
Prosecutors have not yet responded, and Schroeder told lawyers he would intend to file a lawsuit on the advice of last week.
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