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Kyle Rittenhouse defense team seeks mistrial over a drone video

The defense said it will motion for a mistrial. Here’s why

SHARE Kyle Rittenhouse defense team seeks mistrial over a drone video
Judge Bruce Schroeder listens as assistant district attorney James Kraus speaks about evidence in Kyle Rittenhouse’s trial.

Judge Bruce Schroeder listens as assistant district attorney James Kraus speaks about an evidence video provided by the prosecution in Kyle Rittenhouse’s trial at the Kenosha County Courthouse in Kenosha, Wis., on Wednesday, Nov. 17, 2021.

Sean Krajacic, The Kenosha News via AP

The Kyle Rittenhouse trial took another turn Wednesday as defense attorney Corey Chirafisi told Judge Bruce Schroeder said the defense would motion for a mistrial without prejudice over a dispute involving a drone video, per The Chicago Tribune,

What is going on in the Rittenhouse trial?

Rittenhouse has been charged with five counts, including homicide and attempted homicide, for shooting three people during civil unrest in Kenosha, Wisconsin, in August 2020, according to The Washington Post.

  • Rittenhouse, who was 17 at that time, shot and killed Joseph Rosenbaum, 36, and Anthony Huber, 26, and injured Gaige Grosskreutz, who was 26.
  • Rittenhouse said he fired in self-defense and pleaded not guilty.

The defense and prosecution presented their cases. The defense said Rittenhouse wanted to help his community. The prosecution said Rittenhouse acted recklessly.

  • Jurors started deliberations Tuesday and have yet to reach a verdict.

Why did the defense file for mistrial?

The defense team filed a motion for a mistrial with prejudice Monday, saying that “prosecution gave the defense a compressed version of the video” that “was not as clear as the video kept by the state,” according to Fox News.

The defense said they would have approached the case differently if they received the higher quality video.

  • “The video footage has been at the center of this case,” the defense motion said, per The Chicago Tribune. “The failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant.”

Assistant district attorney James Kraus said the defense received a lesser quality video because it was compressed after it was transferred to an iPhone to an Android, according to Fox News.

  • Schroeder= has not ruled on the drone video or the mistrial. Per The Washington Post, he said he felt “queasy” about using the drone video.
  • He told prosecutors earlier in the week that if the technology used to enhance the video was disproved, the case would fall like “a house of cards.”

Currently, seven women and five men will determine Rittenhouse’s fate, per NBC News.

  • The jury, which is deliberating the case, has requested to see the drone video.