Motion for mistrial with prejudice still on the table in Rittenhouse trial

NOW: Motion for mistrial with prejudice still on the table in Rittenhouse trial

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KENOSHA, Wis. (CBS 58) -- In the trial of Kyle Rittenhouse, the judge has yet to issue a ruling on the motion for mistrial with prejudice.

The defense filed the motion a week ago, and Judge Bruce Schroeder said he would contemplate it. He did not issue a ruling on Monday, Nov. 15, the day attorneys on both sides wrapped up closing arguments.

If the judge grants the motion, prosecutors could not re-try Kyle Rittenhouse on the same charges. The motion came after the defense got angry with the prosecution's line of questioning.

In court on Monday, Nov. 15, Rittenhouse's attorney's reminded the judge of the motion.

"On November 8th, we had addressed a motion for mistrial with prejudice," said defense attorney Corey Chirafisi. "I did want to make sure the court was aware that it had been filed, and at some point have the court make a final ruling on it just for the record."

"I will," Schroeder said.

"OK," Chirafisi said.

Legal expert Julius Kim said he would anticipate a decision from the judge before the jury is given the case, but that's not always the case.

"I have heard of situations before where judges have waited until a verdict before a ruling on something like that. It's sounds crazy. But we don't know exactly what's going to happen here," Kim said.

Fireworks flew in court last week during several heated exchanges between the judge and prosecution.

The mistrial motion came after the prosecutor questioned Rittenhouse over his silence following his arrest. The defense claimed the prosecution acted in bad faith because remaining silent is Rittenhouse's Constitutional right.

The judge allowed testimony to go on all of last week after the motion was made.

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