During a series of heated exchanges on Wednesday, Nov. 10, the Wisconsin judge hearing the Kyle Rittenhouse murder trial reprimanded the prosecution for attempting to introduce evidence that had previously been declared inadmissible, leading the defense to ask for a mistrial.

After the jury was removed from the room, Kenosha County Circuit Judge Bruce Schroeder yelled at Kenosha Assistant District Attorney Thomas Binger, “Don’t get brazen with me!”

“You know very well that an attorney can’t go into these types of areas where the judge has already ruled without asking outside of the presence of the jury to do so, so don’t give me that,” Schroeder scoffed.

Following a morning of high drama in the Kenosha County Courthouse, defense attorney Corey Chirafisi informed Judge Bruce Schroeder that the defense intends to ask for a mistrial on the grounds of prosecutorial misconduct.

He accused Assistant District Attorney Thomas Binger of attempting to overthrow the proceedings on purpose because things were going badly for the state.

Because Binger’s boss, Michael Graveley, was investigating the Jacob Blake shooting on August 23 during the Kenosha riots and Rittenhouse’s activities, Graveley assigned the matter to Binger.

He explained, “Normally a mistrial does not preclude a retrial [unless] a defendant’s motion is necessitated by a prosecutorial impropriety designed to avoid an acquittal.”

He continued, “What has happened is two times the state commented on Mr. Rittenhouse’s right to remain silent.

“The first time he was admonished by the court. The second time the judge had the jury leave and he was re-admonished.”

Before Rittenhouse took the testimony on Wednesday morning, the court had reversed an earlier ruling that had excluded evidence that he had expressed a desire on the internet for his AR-15 to shoot shoplifters.

Despite this ruling—and its reiteration—Binger brought up the facts during his cross-questioning, which enraged the court.

Chirafisi continued that to move for a mistrial with prejudice, ‘The prosecutor’s actions must be intentional…[with] an awareness that his activity would be prejudicial.

“You had warned him. You had told him before Mr. Rittenshouse testifying,” Chirafisi said. “You had warned him about the infringement of his constitutional right to remain silent. He did it again.

“The second one says that the prosecutor’s actions were designed to allow another chance to convict, to provoke a mistrial to get another kick at the cat because the first trial is going badly.”

Binger requested additional time to contemplate his statement, but his attempts to claim that he had provided information in good faith drew even more ire from the bench, reported Daily Mail.

Judge Schroeder shot him down, “You’re an experienced trial attorney and you’re telling me when the judge says, ‘I’m excluding this,’ you decide to bring it in because you think you’ve found a way around it. Come on!”

Binger continued, “You can yell at me if you want…I was acting in good faith.”

To which Judge Schroeder responded, “I don’t believe you. When you say you were acting in good faith, I don’t believe you.
“There better not be another incident.”

Binger had begun questioning Rittenhouse about a TikTok post he had made earlier in August in which he stated a desire to shoot people with his AR-15.

Rising to object, Mark Richards said, “The prosecutor is clearly attempting to provoke a mistrial. He’s an experienced attorney and he knows better.”

Binger claimed that he thought the door had been “left open.”

Yelling and clearly irate, Judge Schroeder said, “Open for me! Not you! Why would you think that made it okay for you to, without any notice, bring the matter before the jury?”

As Binger kicked back, Judge Schroder exploded, “Don’t get brazen with me. You know very well that an attorney can’t go into these areas when a judge had already ruled without going into it out of the presence of the jury before doing so. So don’t give me that.

“It isn’t coming in no matter what you think.”

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