Rittenhouse Judge: Mistrial Request Will Have To Be Addressed If There Is A Guilty Verdict

That compromise, doctored lo-res video should be stricken from the record. Why should the jury continue to view tainted evidence?

My take is the prosecution wants a mistrial. They are acting criminally and with malice to deliberately balls things up. And remember, this is the State – the bedrock of our criminal justice system. Be afraid, America.

Related:

• Defense Moves For A Mistrial With Prejudice
• Rittenhouse Jury Halts Deliberation, Judge Says He Will Re-Open Evidence To INCLUDE HIGH-DEF FOOTAGE THAT THE STATE WITHHELD
• BREAKING: Rittenhouse Defense Team Files Motion That Prosecutors in Kenosha Withheld Video Evidence

https://twitter.com/mattklewis/status/1461306881138470914?s=20

Rittenhouse lawyers ask judge to declare mistrial over video

By: AP:

He could get life in prison if convicted of the most serious charge against him.

The dispute over the video erupted after the jurors asked to rewatch footage on Day 2 of their deliberations.

Defense attorneys said they would object to the jury viewing the drone video. The same footage prompted heated dispute earlier in the trial over technical questions of whether a still image taken from the video was distorted when it was enlarged.

The prosecution contends the video proves Rittenhouse lied on the stand when he said he didn’t point his rifle at protesters. But the key moment in the video is hard to decipher because of how far away the drone was and how small a figure Rittenhouse is in the frame.

A smaller file size or lower-resolution video file is fuzzier and grainier, particularly if played on a larger screen, said Dennis Keeling, adjunct professor in the cinema and television arts department at Columbia College Chicago. That’s why people working with video footage are careful to check file size, length and other details after making a copy to ensure the new version is what they wanted, he added.

Prosecutors told the judge Wednesday that the jury saw the highest-quality version during the trial and that it was not the state’s fault that the file size got smaller when received by the defense.

“We’re focusing too heavily on a technological glitch,” prosecutor James Kraus said.

The judge said he had “qualms” about admitting the video during the trial, but because it had already been shown in court, he would allow the jury to rewatch it during deliberations.

But if it turns out the video should not have been admitted into evidence, “it’s going to be ugly,” Schroeder warned.

He said the mistrial request will have to be addressed if there is a guilty verdict.

If Rittenhouse is acquitted, the issue will be moot. But if he is found guilty, a mistrial ruling would essentially void the verdict.

Julius Kim, a Milwaukee-based defense attorney who has been watching the case, said a mistrial could be declared even if the judge finds it was an honest mistake or a technical problem.

Schroeder said he hadn’t had a chance to read the motion because he had just received it and wanted to give the state a chance to weigh in.

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