Motion for Mistrial With Prejudice

The defense in Rittenhouse has filed a motion for a mistrial with prejudice.  If granted it would prevent a retrial of Rittenhouse.  The contention in the motion is that in regard to the FBI drone video, which the good evidence fairy gave to the State the Sunday after the trial got underway, that the State intentionally gave an unclear copy to the defense:

Can the court grant this motion even after the jury returns a verdict?  Yes.  Is the court likely to grant the motion?  Perhaps, but not until the jury returns a verdict.  If the jury returns a not guilty on all charges the motion is rendered moot, except in the inevitable disciplinary charges that will be sought against the prosecutors.

If true, this is vile behavior by the prosecutors.  (Of course the magic appearance of the drone video also begs for investigation.  I would wager a non small amount of money that the State knew of the video soon after the charges were filed against Rittenhouse, and hoped to be able to go through the trial without revealing its existence. )

 

Playing fast and loose with evidence disclosure in order to send an innocent 18 year old to prison for decades.  In a just world the prosecutors in this case would be the ones going to prison.  I pray that they ultimately do.

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Father of Seven
Father of Seven
Wednesday, November 17, AD 2021 7:23am

These prosecutors should spend the rest of their miserable lives in prison. Thank the Lord we have a God who is just.

Don Curdie
Don Curdie
Wednesday, November 17, AD 2021 8:38am

As a former prosecutor, if in fact the video was intentionally withheld, and it shows what is stated, the clearer version, it is clearly misconduct and worthy of a prejudicial dismissal and mistrial. If I would have done that as a prosecutor, I know of a judge that would have thrown his pencil at me in the courtroom !!

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