Kyle Rittenhouse’s lawyers requested a mistrial and accused Kenosha prosecutors of withholding evidence.
In Kenosha County Assistant District Attorney Thomas Binger’s closing arguments on Monday evening, he showed the jury drone footage of Kyle Rittenhouse fatally shooting Joseph Rosenbaum.
The defense is arguing that Binger held back high-resolution footage of Rittenhouse shooting Rosenbaum until after the trial concluded.
Here is the low-res drone footage:
SCOOP: @HumanEvents has obtained both versions of the Kyle Rittenhouse drone video
The low quality version provided to the defense
And the HD version withheld by prosecutors
Here is the low quality version: pic.twitter.com/FmkRWsgS2Y
— Jacek Posobiec
(@JackPosobiec) November 17, 2021
Here is the HD footage (it clearly shows Rosenbaum chasing Rittenhouse):
And here is the HD version that was withheld from the defense team
The HD version clearly shows Kyle did not aim his rifle at the Ziminskis pic.twitter.com/DQRxfhrlE1
— Jacek Posobiec
“During the jury instructions conference, the defense played their version of the video for the court to review,” the motion states. “The state indicated their version was much clearer and had their tech person come into court to have the court review their clearer video. The video is the same, the resolution of that video, however, was not.”
‘The video footage has been at the center of this case,” it continued. “The idea that the state would provide lesser quality footage and then use that footage as a linchpin in their case is the very reason they requested and were granted the provocation instruction by the Court.”
More from the Chicago Tribune:
The defense filed a motion ahead of Monday’s closing arguments asking for a mistrial based on prosecutorial misconduct. The request will be moot if the jury — which began deliberations at 9:15 a.m. — acquits Rittenhouse of the five felony charges against him, so it appears the judge will not address the issue until after deliberations.
The mistrial motion rehashes an issue that arose last week when the judge berated an assistant district attorney for ignoring a pretrial order that barred the jury from hearing certain evidence and for infringing on Rittenhouse’s right to remain silent upon his arrest. It also levels a new accusation at prosecutors, accusing them of not properly sharing a piece of video evidence.
In its seven-page motion for a mistrial, the defense accused the prosecution of providing a drone recording at a lower-resolution than the one the state possesses and showed to the jury. The state has argued the drone recording, which was received after the trial had begun, is key to proving Rittenhouse provoked the shootings by first pointing his gun at a bystander.
Prosecutors say Rosenbaum chased Rittenhouse across a used car lot before the teen turned and shot him four times with an AR-15-style rifle.
“The video footage has been at the center of this case,” the defense motion states. “The failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant.”
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