Kyle Rittenhouse’s attorneys asked the judge to declare a mistrial even as the jury in the murder case was deliberating Wednesday, saying the defense received an inferior copy of a potentially crucial video from prosecutors.
Judge Bruce Schroeder did not immediately rule on the request, the second mistrial motion from the defense in a week. The jury deliberated a second full day without reaching a verdict and will return in the morning.
At issue was a piece of drone video that prosecutors showed to the jury in closing arguments in a bid to undermine Rittenhouse‘s self-defense claim and portray him as the instigator of the bloodshed in Kenosha in the summer of 2020. Prosecutors said the footage showed him pointing his rifle at protesters before the shooting erupted.
Rittenhouse attorney Corey Chirafisi said the defense initially received a compressed version of a video and didn’t get the higher-quality one used by the prosecution until the evidence portion of the case was over.
He said that the defense would have approached things differently if it had received the superior footage earlier and that it is now asking for “a level, fair playing field.”
He said the mistrial request would be made “without prejudice,” meaning prosecutors could still retry Rittenhouse.
