Kyle Rittenhouse: Defence Lawyers Demand Mistrial Over Video Footage

Harrison Williams

| Last updated 


Kyle Rittenhouse’s lawyers have demanded a mistrial in the high profile homicide case due to what say is an issue with video evidence. 

Kyle Rittenhouse stands accused of five felony charges, including first-degree homicide, stemming from an incident in which he fatally shot two men and injured a third during protests over the shooting of Jacob Blake in Kenosha, Wisconsin in August 2020.

The trial has since seen controversy, with protesters clashing outside the courthouse with what appears to be arrests made and even a member of the public showed up with an assault rifle. Now arguments over video footage has made its way into the case.


The highly publicized trial began on November 1, 2021, which included testimony from the many who survived the shooting as well as from Rittenhouse himself, who broke down in tears in front of the jury.

Now as the jury deliberates for the second day, Rittenhouse’s defence attorneys have filed a second motion for a mistrial, this time demanding a mistrial ‘with prejudice’.

Rittenhouse’s defence attorneys Mark Richards and Corey Chirafisi have accused prosecutors of supplying a drone video that was not the same version they wanted to use during the trial. They argue that the resolution on the video that was used in the trial was not the highest resolution possible, therefore this could have an impact in how the jury rules.


A motion filed by the defence attorneys outlines accusations directed at the prosecution team:

On November 5, 2021, the fifth day of trial on this case, the prosecution turned over to the defense footage of drone video which captured some of the incident from August 25, 2020. The problem is, the prosecution gave the defense a compressed version of the video.

What that means is the video provided to the defense was not as clear as the video kept by the state.

Prosecutor James Kraus has since responded to the court saying, ‘We didn’t compress anything, we didn’t change anything’ and any idea that they would ‘sabotage’ the video was ‘preposterous’.

Fox News spoke to former federal prosecutor Neama Rahmani, who gave his opinion on whether the judge would accept the mistrial request. ‘Almost no chance the motion is granted,’ he said. ‘Discovery violations can result in sanctions, exclusion of evidence, and adverse jury instructions, but dismissal with prejudice is the last resort.’

If the judge granted the mistrial with prejudice, a new trial would not be a possibility.


After the jury requested to see the footage, the judge ruled that he would allow them to view the video:

It seems to me this is a pursuit of truth and you should take the course that you think will lead you there

If the jury thinks they want to look at it 80 times and they want to talk about it, and criticize each other for their, for their respective views of it. I think they should be allowed to do so without interference on our part.

Defence attorney Mark Richards spoke to courtroom pool reporter during a break in the hearing and confirmed that the jury will be able to watch the FBI surveillance video, the full drone video showing the shooting of Joseph Rosenbaum, and a version of that which a crime lab has edited with various speeds.

The jury is currently watching the video on the evening of November 17. No timeline for a verdict has been announced.

Topics: News, BLM, Homicide, Kenosha, Kyle Rittenhouse, Trial


Fox News and 1 other
  1. Fox News

    Rittenhouse defense demands mistrial over drone video, judge hints at new evidence hearing

  2. CNN

    Jury continues deliberations in Rittenhouse trial

Harrison Williams
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