KENOSHA, Wisc. — Kyle Rittenhouse's defense team once again asked Kenosha County Circuit Court Judge Bruce Schroeder on Wednesday to declare a mistrial but without prejudice, meaning prosecutors could retry Rittenhouse if Schroeder grants the request. The previous time the defense asked for a mistrial, it was with prejudice.
The issue stems from what the defense team says the prosecution withheld video evidence from them and were given only given one version of drone footage the prosecution says proves Rittenhouse provoked Joseph Rosenbaum into chasing him.
"We had the video, not the clarity, not the quality, I think that's been conceded. We have done this case in a little bit different manner...We didn't have the quality of evidence that the state had until the case had been closed," said Corey Chirafisi.
Chirafisi said they consulted with Rittenhouse and they want the mistrial without prejudice, "based upon the fact that if we're really trying to get the heart of it, we've watched the video, I can tell you what we think but it doesn't matter what we think because we don't get to present that to the jury anymore."
"We have to ask for this and I'm asking for it. We understand that it's going to be without prejudice...We understand [the state] will do it again. But I think we will all have the same information, the same quality of videos, and I think that is required in a case like this where he's looking at a life sentence, potentially without parole if he's convicted," Chirafisi added.
Schroeder said he will not rule on the motion for a mistrial yet because the jury is still debating and asking about the video in question, but "it will still have to be addressed because the jury saw it here in the courtroom."