Photo via @justinbaragona/Twitter
November 10, 2021, 1:59 pm
The murder trial of Kyle Rittenhouse, accused of killing two people with an illegally obtained AR-15 during the Kenosha uprising, took a wild turn today as the judge seemed to show new levels of bias against the prosecution, repeatedly interrupting and yelling at the attorneys bringing charges against the accused. Rumblings that Judge Bruce Schroeder is clearly on Rittenhouse’s side were not helped when, in the middle of the defense arguing that the prosecution is deliberately trying to provoke a mistrial, his phone went off to the tune of “God Bless the U.S.A.”
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Those who are unfortunately politically aware might recall that this was and continues to be the theme song of the Donald Trump campaign.
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The defense has officially motioned for a mistrial with prejudice, which, if granted, would mean that Rittenhouse could not be tried again for the same crimes. Many who are siding with the prosecution have argued that they should also request a mistrial (without prejudice) due to what seems like a clear prejudice on the part of the judge in favor of the defense.
Unfortunately, that would mean starting the entire process over, and it could be difficult to get Rittenhouse charged again and brought back to court.
The defense’s argument for mistrial is based on a rather unusual moment during the trial when Judge Schroeder actually dismissed the jury so that he could yell at a prosecutor for allegedly suggesting that Rittenhouse’s silence on some matters could be incriminating. Schroeder seemed to think this a serious enough violation to halt the entire trial and berate Assistant District Attorney Thomas Binger.
“This is a grave constitutional violation for you to talk about the defendant’s silence, you’re right on the border line, you may be over,” said Schroeder. “It better stop.”
The defense seems to be jumping on this to try and push the judge over the edge to deciding that the entire case needs to be thrown out forever, allowing Rittenhouse to walk.
Schroeder did not immediately make a decision either way but said he would take the motion “under advisement” and allow the trial to continue.
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The ringtone incident only further riled up the national audience to this trial, with those on the political left often implying that the song in question confirms their suspicions that the judge wants Rittenhouse to be found not guilty and is doing his best to make that happen. Either way, silencing your phone during work is just basic etiquette and it’s nationally embarrassing that a whole judge in one of the most consequential trials of the year forgot to do that.
The judge had the volume up on on his phone on purpose imo.
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Nikki
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*First Published: November 10, 2021, 1:59 pm
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