Kyle Rittenhouse’s defense attorneys on Wednesday asked the judge to declare a flawed trial, claiming they didn’t get the same quality drone video as the prosecutor.
Defense attorney Corey Chirafisi said they received an originally packaged version of the drone video that state prosecutors presented to juries during closing remarks.
Prosecutors said it showed Rittenhouse pointed his gun at anti-racist protesters before being chased after Joseph Rosenbaum, the first man he shot and killed last August in Kenosha, Wisconsin, in a riot of racist injustice where Rittenhouse eventually shot three people. Kill two and injure one.
“The idea that the state would supply inferior material and then use it as a tape in their case is precisely the reason why they asked for and received a court order of provocation. Failure to produce similar material in this particular case is intentional and clearly damaging to the defendant.” movement read.
Rittenhouse, 18, will face life imprisonment if convicted on the most serious charges. The lawsuit has divided both Kenosha and the U.S. as Rittenhouse has seen the Conservatives as heroic guards, while others point to a wildly different experience of an armed, white militia supporter from law enforcement compared to anti-racist protesters.
Rittenhouse testified that he acted in self-defense, while prosecutors claimed he was provoking violence.
Judges punched charges against Rittenhouse for another day on Wednesday when they failed to reach a quick verdict on Tuesday over whether he was a bloodshed instigator or a concerned citizen who was attacked while trying to protect property.
Judge Bruce Schroeder did not immediately rule on a new unfair trial that came after jurors considering the second day of the Rittenhouse murder trial asked to review the video evidence. Schroeder let the jury into the courtroom to watch the videos on Wednesday afternoon and asked everyone else to leave the courtroom.
An open-minded trial is another unfair trial in a highly controversial case in which Rittenhouse is charged with reckless homicide and intentional homicide after he shot dead two men and insulted another in Kenosha. Last week, the defense asked for a flawed trial with biased questions from prosecutor Rittenhouse that appeared to be out of bounds.
Unlike an unfair trial without prejudice, a prejudiced trial means that if Rittenhouse is granted, it cannot be convicted of re-shooting.
Chirafisi said they only got the same image quality after the case’s evidence was closed. He said that if we need “a level playing field, we have to ask for it. And I ask for it.”
Prosecutors pushed behind, claiming that the jury saw the highest quality version of the material throughout the trial. “We’re focusing too much on a technological flaw,” prosecutor James Kraus said, adding that it’s not the prosecutors ’fault that the file was compressed when the defense received it.
He added that the video is central because, according to the prosecutor, it proves that Rittenhouse lied on a pedestal when he said he did not aim his rifle at the protesters.
The jury will continue its deliberations.
The Associated Press participated in this report