Angry judge at Rittenhouse trial accuses prosecutors of ‘gross constitutional violation’

Judge Bruce Schroeder of Kenosha County District Court charged plaintiffs with a “serious constitutional violation” in Kyle Rittenhouse’s murder trial Wednesday morning after they attempted to comment on his prior reactions to testifying in the case.

Rittenhouse surprised observers taking The witness stands in his own defense, which is something defendants rarely do in such trials. He recalled the events of August 25 last year, when members of the mob who attacked him were shot during a black life riot. When he started describing the events leading up to the shooting, he said broke downThe trial took a short break.

When Assistant District Attorney Thomas Binger began his questioning, he began noting that Rittenhouse had had opportunities to watch videos of the riots, and read articles about them, during the months after his arrest. Rittenhouse said he watched most of the videos during the trial, and that he tried to avoid reading articles online about his case because they tended to be inaccurate.

The prosecution then indicated that Rittenhouse was able to witness all previous witnesses at the trial, implying that Rittenhouse may have built his version of events from previous testimony, rather than his recollection of events.

KENOSHA, WI – NOVEMBER 4: The assistant attorney general’s petition to testify Richard “Ritchie” McGuinness, chief video director of The Daily Caller, as he will sit during the trial of Kyle Rittenhouse in Kenosha County Courthouse on November 4, 2021 in Kenosha, Wisconsin. Rittenhouse is accused of shooting three protesters, killing two of them, during a night of unrest that erupted in Kenosha after a police officer shot Jacob Blake seven times in the back during his arrest in August 2020. Rittenhouse, of Antioch, Illinois, was He was 17 at the time of the shooting and armed with an assault rifle. He faces felony charges of premeditated murder and felony attempted murder. (Photo by Sean Krajacic-Pool/Getty Images)

At that point, the judge ordered the jury to leave the courtroom. When they left, he scolded the prosecution:

Judge: You need to calculate this.

the defense lawyer: Your Majesty – I don’t want the jury to hear – he is commenting on my client’s right to remain silent.

prosecutor: No, Your Highness. I’m making a point that after hearing everything on his case, he is now tailoring his story to what has already been presented.

Judge: The problem is that this is a serious constitutional violation for you to talk about the defendant’s silence, and that – and you are right on the borderline, you may have crossed it. But it is better to stop.

prosecutor: Concept.

Judge: This – I can’t think of the issue, the initial issue related to it. But this is not allowed.

The jury then returned and upheld the defense’s objection to the prosecution’s cross-examination line.

Later, Binger again asked Rittenhouse to comment on his earlier comments, which had been excluded in an earlier ruling, and the judge again told the jury to leave.

The defense demanded the judge to blame the prosecution, and said that if the matter is repeated again, the defense will ask the judge to declare an error in the trial so as to prevent re-charges.

Judge Schroeder exploded at Binger, raising his voice, saying that Binger had entered areas of disqualified testimony, without warning.

Binger apologised, but remained adamant about responding to the judge. “Don’t be rude to me!” The judge cried.

Binger recalled that he had already told him that he was in danger of violating the rule against commenting on the silence of the accused before trial – “And it’s a well-known rule!” Hoot.

“I’m surprised that would be a problem,” he continued. “So I don’t want to have another problem, as long as this case continues, is it clear?”

“It is,” Binger replied.

Joel Pollack is Breitbart News’ traveling editor and host Breitbart News Sunday At Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). He is the author of the last e-book, Neither Free nor Fair: The 2020 US Presidential Election. his last book, red november, tells the story of the 2020 Democratic presidential primary from a conservative perspective. He was awarded the 2018 Robert Novak Alumni Fellowship for Journalism. Follow him on Twitter at Tweet embed.

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