Kyle Rittenhouse’s legal team has filed a motion for a mistrial after accusing prosecutors of withholding crucial video evidence from them.
The New York Post reported that Rittenhouse’s lawyers filed a formal seven-page request for a mistrial less than an hour before closing arguments on Monday. In this motion, the defense attorneys stated that any conviction should be overruled. There should be no chance of a retrial if Rittenhouse is cleared of the five felonies he faces for the deaths of two people in Kenosha, Wisconsin, last year.
🚨BREAKING NEW MOTION: Kenosha prosecutors WITHELD VIDEO EVIDENCE from Kyle Rittenhouse Defense Team pic.twitter.com/pqk86hhqqu
— Jacek Posobiec 🇺🇸🇵🇱 (@JackPosobiec) November 17, 2021
The defense attorneys accused prosecutors of holding back the high-resolution drone footage used to try to suggest that Rittenhouse had been the aggressor in the first shooting that he is being tried for. The 18-year-old has claimed that he acted in self-defense in this shooting.
The motion states that prosecutors gave the defense a low-res version in a 3.6MB file, less than a third of the high-res file they actually had and that this video was very hard to see. Prosecutors only gave the defense a better quality clip-on Saturday after testimony had concluded.
“The video footage has been at the center of this case,” the defense lawyers stated, further calling it the “linchpin in their case.”
“The failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant,” the motion continues.
The defense lawyers went on to claim that the prosecutors have made various missteps throughout this trial that was “clearly intentional,” even suggesting that they wanted a retrial to “get another ‘kick at the cat’ because the first trial is going so badly.”
“The testimony in this case up to that point had not gone very well for the prosecution,” the motion stated, pointing out that witnesses had backed up Rittenhouse’s claim that he was under attack when he opened fire.
The motion has not yet been addressed in court and likely won’t be addressed until after the jury has finished its deliberations. The jury is currently on its second day of deliberating this case, as they were not able to reach a decision on Tuesday after deliberating for a full day.
If convicted, Rittenhouse is facing life in prison for using an AR-style semi-automatic rifle to kill Joseph Rosenbaum and Anthony Huber, 26, and wound Gaige Grosskreutz, now 28, during the Black Lives Matter riots that took place in Kenosha last summer.