Kyle Rittenhouse’s lawyers on Wednesday asked the judge for the second time in a week to declare a mistrial, this time arguing the defense received an inferior copy of a key video from prosecutors.
Defense attorney Corey Chirafisi told Judge Bruce Schroeder his team would have approached the case differently had it received the higher-quality video earlier. He said his newest motion for a mistrial would be made “without prejudice,” meaning prosecutors could try Rittenhouse again if the judge grants the mistrial.
“We didn’t have the quality of evidence the state had until the case had been closed,” Chirafisi argued.
Defense attorneys have taken issue with drone video used by prosecutors showing the shooting of Joseph Rosenbaum. They said prosecutors provided them with a “compressed version” of the video that “was not as clear as the video kept by the state.”