Judge Bruce Schroeder shut down the Kyle Rittenhouse prosecutor’s questioning for a possible “grave Constitutional violation” Wednesday after the prosecution allegedly abridged Rittenhouse’s right to remain silent.
Prosecutor Thomas Binger was questioning Rittenhouse on his use of deadly force before he began asking Rittenhouse whether he has had the opportunity to listen to witness testimony, read articles about the case, or watch videos of the fatal interactions.
“I didn’t intend to kill him I intended to stop the person who was attacking me and trying to steal my gun,” Rittenhouse responded.
“Since August 25th 2020, this is the first time that you have told your story?” Binger asked. Rittenhouse’s defense can be heard objecting to the question, but Schroeder sustained the objection. (RELATED: Judge For Rittenhouse Trial Strikes Testimony From Prosecution’s Witness)
“Since August 25th, 2020, you’ve had the benefit of watching countless videos of your actions that night, correct?”
“I’ve seen certain videos, not all of them,” Rittenhouse said. “I’ve seen a majority of them actually here during the trial.”
“You’ve also had the opportunity to read articles people have written, interviews, things like that about what happened that night, correct?” Binger asked.
“I do my best to avoid what people write on the internet, a majority of it is not true,” Rittenhouse said.
The prosecutor again confirms Rittenhouse has had the opportunity to listen to all witness testimony and watch evidence during the trial, at which point Schroeder cuts the mic and sends the jury out of the room.
After a brief moment during which the audio was cut, lead defense attorney Mark Richards said to Schroeder, “Your honor, [the prosecution] is commenting on my client’s right to remain silent.”
“No your honor, I am making the point that after hearing everything in the case now he’s tailoring his story to what has already been introduced,” Binger said.
Schroeder then said Binger could be making a “grave Constitutional violation.”
“The problem is, this is a grave Constitutional violation for you to talk about the defendant’s silence. You’re right on the borderline and you may be over but it better stop.”
“Understood,” Binger said.
“This is, I can’t think of the case that initial case on it but this is not permitted,” Schroeder said, ordering the jury back in.
Schroeder then snapped on Binger moments later for violating basic law when he questioned Rittenhouse’s silence.
“I was astonished when you began your examination by commenting on the defendant’s post arrest silence. That’s basic law. It’s been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that.”
Wednesday marked the first day Rittenhouse took the stand while on trial for intentional first degree homicide. While recounting the deadly incident, Rittenhouse began uncontrollably sobbing, prompting Schroeder to pause the trial so Rittenhouse could compose himself.