Rittenhouse defense team calls for mistrial over evidence error
KENOSHA, Wis. (CBS 58) -- Is a mistrial on the horizon in the Kyle Rittenhouse case? As the jury deliberated Wednesday, Nov. 17, the defense argued there is new grounds to grant one.
The defense is crying foul, alleging the prosecution failed to give them all the evidence presented to the jury. And for the second time, they are calling on the judge to declare a mistrial.
Halfway through the case, prosecutors got ahold of drone video of the Joseph Rosenbaum shooting.
The defense says the state gave them a copy but it was lower quality than what the state had.
"I think if we're going to do this in a way that's free from anybody hiding anyone, anybody not having the same evidence as someone else has, where it is a level fair playing field, we have to ask for this," said Corey Chirafisi, defense attorney.
Happening now: The state is explaining they got the drone video via Airdrop.— Kristen Barbaresi (@KristenBarbar) November 17, 2021
-They couldn't airdrop to the defense because defense attorney has an Android.
-So state emailed it.
-State says they did not realize the file was not of the same quality until later.#KyleRittenhouse
The state blames defense attorney Natalie Wisco, and her cellphone.
Prosecutors say Wisco's phone must have compressed the file, reducing the quality. But Wisco says no way, and says the state sent an entirely different file.
"Never looked at it on my phone," said Wisco. "As soon as I got it I downloaded it to the evidentiary laptop we've been using the whole time."
The video in question is vital to the state's case. Prosecutors argue it shows Rittenhouse pointing his gun, provoking the situation and eliminating his claim of self-defense.
The defense disagrees but says if they'd had the right video, they might have adjusted their strategy.
"We would have done this case in a little bit different manner," said Chirafisi.
The mistrial motion related to the drone video would be without prejudice, meaning Rittenhouse could be retried.
Keep in mind the defense also made a motion for a mistrial with prejudice, meaning he couldn't be retried, last week.
The judge hasn't ruled on either one and could do so even after the jury reaches a verdict.