In a surprise move late Tuesday, the legal team for Kyle Rittenhouse filed a motion for a mistrial after accusing prosecutors of withholding crucial evidence.
By law the prosecution is obligated to share all evidence with the defense and vice versa.
However, prosecutors for the state of Wisconsin allegedly held back high-definition drone footage of Rittenhouse shooting the first victim, Antifa protester Joseph Rosenbaum.
Prosecutors provided the defense with a blurred copy of the shooting.
The footage was filmed with a $40,000 Chinese-made DJI drone operated by federal agents on the night of the Jacob Blake protests in Kenosha in August 2020.
The footage shows Rittenhouse, then 17, being pursued through a parking lot by Rosenbaum. In the video, Rittenhouse spun around and shot Rosenbaum with his AR-15 assault rifle from a distance of less than 3 feet.
The jurors could barely make out the scene in the blurred video copy shown in court.
In his closing argument on Friday, lead prosecutor Thomas Binger claimed Rittenhouse shot Rosenbaum “multiple times” in the back as he lay on the ground dying.
An autopsy determined Rosenbaum was shot in the hand, groin and back.
The state’s case for first-degree reckless homicide is based on the autopsy findings.
But the prosecutor’s high-definition copy of the drone video shows Rittenhouse fired only once at Rosenbaum from the front — not the back — and not while he was on the ground.
Late Tuesday, Rittenhouse’s legal team asked Judge Bruce Schroeder to declare a mistrial with prejudice, meaning the state can’t refile charges against Rittenhouse.
Judge Schroeder said he would consider the motion.
See comparisons of the blurred video provided to the defense team and the high-definition copy withheld by the prosecution below.
