(Trends Wide) — Kyle Rittenhouse’s defense attorneys filed a motion Monday to annul the trial and dismiss the case, accusing the state of intentional “fiscal excess”.
The defense’s seven-page motion, filed Monday, was provided to Trends Wide by the court clerk on Wednesday morning.
The motion points to an irritating exchange between Judge Bruce Schroeder and Kenosha County Deputy District Attorney Thomas Binger over their line of questioning as Kyle Rittenhouse testified Wednesday of last week that the judge had warned could be a violation. of Rittenhouse’s rights under the Fifth Amendment to the US Constitution to remain silent.
In court on Wednesday, the judge initially called the discussion about the defendant’s silence a “grave constitutional violation” but later said it was “right on the edge.”
Kyle Rittenhouse’s attorneys also pointed to a second incident in their motion Wednesday in which Schroeder admonished the prosecutor about an incident that occurred two weeks before the shooting that the judge said would not be allowed as evidence.
What can happen with the Kyle Rittenhouse trial
Trends Wide has previously reported that lawyers informed the court of their intention to file the motion last Wednesday following Rittenhouse’s questioning. An annulment of the trial and dismissal would mean that there would be no possibility of a new trial.
The motion also resurfaces a heated exchange between lawyers Friday about a drone video in which the state alleges Kyle Rittenhouse can be seen lifting and pointing his gun at a man near Joseph Rosenbaum. The state says this is what prompted Rosenbaum to start going after Rittenhouse.
Defense attorneys say in their motion that they were given a compressed version of the drone video that was only 3.6MB, while the state had a higher resolution version that was 11.2MB. Schroeder told lawyers Friday that he would let the jury decide on the video.
Prosecutors have not filed a response and Judge Schroeder told attorneys that he would take the intent to bring the motion for a mistrial into consideration last week.