'Don't Get Brazen With Me!' Judge in Rittenhouse Trial Unleashes His Wrath on Prosecutor

Mark Hertzberg/Pool Photo via AP

The judge in the Kyle Rittenhouse self-defense trial in Kenosha, Wisc. came unglued at the prosecutor in the case when he cross-examined the defendant about his Constitutionally protected fifth amendment right to remain silent after he was first arrested.

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Non-attorneys may not have picked up the verbal collision course prosecutor Thomas Binger was on when — not once, but twice — he said of the defendant that “today’s testimony is your first time telling your story.”

The prosecutor’s behavior became the subject of discussion for a motion for mistrial with prejudice by the defense.

Commenting on a defendant’s right to remain silent in court is illegal and prejudicial, which appeared to be the point of the matter.

The judge admonished Binger, noting “this is a grave Constitutional violation for you to talk about the defendant’s silence. That is — and you’re right, you’re right on the borderline. And you may, you may be over, but it’d better stop.”

Then it happened again. Judge Bruce Schroeder couldn’t believe his ears.

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The normally compliant and affable judge rushed the jury out of the room and gave Binger a mouthful for referring to evidence that was not allowed at the trial.

I held it open with a bias towards denial. Why would you think that that made it OK for you to, without any advance notice, to bring this (unintelligible) before the jury? You were already, I, 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! So … I’ll leave it that. So, I don’t know what you are up to.

After a lunch break, defense attorney Corey Chirafisi announced he would move for a mistrial with prejudice. Among the reasons he cited was “to provoke a mistrial to get another kick at the cat.” Translation: this case is such a stinker for prosecutors that they want another chance for a conviction. Asking for the case to be dismissed “with prejudice” means that the charges may not be refiled against Rittenhouse.

Related: Kyle Rittenhouse Takes the Stand in Trial for His Life: ‘I Didn’t Do Anything Wrong, I Defended Myself’

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The judge later told the prosecutor he didn’t believe he’d been acting in good faith.

Former Rittenhouse attorney Robert Barnes called for serious sanctions against Binger’s behavior.

 

Wow.

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