Chicago Criminal Lawyer Blog
The Kyle Rittenhouse murder trial took an interesting turn this week. When a judge excludes a certain line of questioning from a criminal case, neither side can ask questions that would put a witness in the position of answering that question. In this case, the judge excluded evidence that Rittenhouse was going to the protest to defend property. The prosecution had Rittenhouse on the ropes when they broached that line of questioning. Before Rittenhouse could answer through tearful sobs, the judge shut down the proceedings, rebuked the prosecutor, and sent the jury out of the room.
The defense’s objection raised the point that the trial was not going well for the prosecution. By asking questions that had been specifically prohibited by the judge, the prosecution (the defense claimed) was attempting to cause a mistrial that would have allowed the prosecution to start all over again, perhaps with a better theory of what happened and stronger supporting evidence that could be made. The defense then also moved for a mistrial with prejudice. That would have meant that the trial could not have ever been retried by the prosecution and Rittenhouse would be presumed innocent of the charges for the remainder of his life.
Understanding What is Happening
