The defense had previously raised two issues.

The first is that the prosecution improperly infringed on Kyle Rittenhouse’s constitutional right to remain silent when, during questioning, ADA Thomas Binger tried to suggest that Rittenhouse hadn’t made a comment until he was able to hear everyone else testify. That caused fireworks with the judge admonishing the prosecutor and saying he was on the line and maybe over it.

The second issue was that the prosecution had tried to introduce evidence that the judge had already ruled they could not introduce. The judge had also admonished the prosecutor over that, saying that he didn’t believe the prosecution when Binger claimed that he didn’t think the judge’s ruling applied to the evidence he, Binger, was trying to introduce. The judge chastised Binger, saying “Don’t get brazen with me,” “I don’t believe you,” and “There’d better not being another incident.”

Now, in a formal filing for a motion for mistrial with prejudice that they made on Monday, the defense mentions those issues but also raises another — that the prosecution withheld evidence from defense. The defense argues that on November 5, the prosecution turned over a compressed version of a drone video that had been taken on that day showing some of the incident of Rittenhouse running into the lot with Joseph Rosenbaum chasing him and then the shooting. Meanwhile, the defense is saying that the prosecution had a clearer version of the video that they did not provide until after both sides were finished presenting their cases. //

‘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.’

The motion goes onto explain that the file size of the defense video is just 3.6MB while the prosecution’s is 11.2MB.