The judge in Kyle Rittenhouse’s trial accused a prosecutor of a “grave constitutional violation.”
Assistant District Attorney Thomas Binger was in the middle of his cross-examination of the teen.
The judge yelled at Binger over another line of questioning, saying: “Don’t get brazen with me.”
The judge in Kyle Rittenhouse’s homicide trial rebuked a prosecutor on Wednesday, accusing him of a “grave constitutional violation” during the cross-examination of the teen.
Assistant District Attorney Thomas Binger started a line of questioning that targeted the 18-year-old’s decision to remain silent after the deadly August 2020 shooting in Kenosha, Wisconsin.
But after Rittenhouse’s attorney Mike Richards objected, Kenosha County Judge Bruce Schroeder paused the trial, sent the jury out of the room, and told Binger he was close to crossing the line.
“I was astonished when you began your examination by commenting on the defendant’s post-arrest silence,” Schroeder said. “That’s basic law. It’s been basic law in this country for 40 or 50 years. … I don’t know what you’re up to.”
The judge added: “You’re an experienced trial lawyer, and this should not have been gone into.”
Schroeder also chastised Binger for starting to discuss a piece of evidence that the judge had previously banned from being brought up at trial.
Binger was attempting to question Rittenhouse about a video recorded weeks before the Kenosha shootings. The video was apparently filmed inside a car across the street from a CVS Pharmacy. Several hooded people can be seen rushing out of the store and clutching items.
A voice that sounds like Rittenhouse’s can be heard saying, “Bro, I wish I had my fucking AR. I’d start shooting rounds at them.”
Binger previously said the video showed Rittenhouse “was ready and willing to use deadly force in a situation where it was completely unjustified,” but Schroeder ruled against him, prohibiting the video from being discussed at trial.
On Wednesday, Richards called the situation “ridiculous,” saying the prosecutor was ignoring the judge’s rulings.
When Binger said Rittenhouse’s testimony opened the door to the questions, Schroeder raised his voice.
“Don’t get brazen with me,” he said. “I don’t want to have another issue as long as this case continues. Is that clear?”
Rittenhouse is charged in the fatal shootings of two men, Joseph Rosenbaum and Anthony Huber, as well as the nonfatal shooting of a third, Gaige Grosskreutz, during civil unrest in the wake of the police shooting of Jacob Blake.
Rittenhouse has said that he acted in self-defense and that the men were attacking him.
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