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Judge shouts at Kyle Rittenhouse prosecutor for 'grave constitutional violation' during his cross-examination of the teen

INSIDER logo INSIDER 11/10/2021 (Michelle Mark,Jake Epstein)
Assistant district attorney Thomas Binger and judge Bruce Schroeder Associated Press © Associated Press Assistant district attorney Thomas Binger and judge Bruce Schroeder Associated Press
  • The judge in Kyle Rittenhouse's trial shouted at a prosecutor over a "grave constitutional violation."
  • Assistant District Attorney Thomas Binger was in the middle of his cross-examination of the teen.
  • Judge Bruce Schroeder later yelled at Binger over another line of questioning, shouting "Don't get brazen with me!"

The judge in Kyle Rittenhouse's homicide trial shouted at a prosecutor for a "grave constitutional violation" during the cross-examination of the teen on Wednesday.

Assistant District Attorney Thomas Binger started a line of questioning that targeted the 18-year-old's decision to remain silent after the deadly August 2020 shooting in Kenosha, Wisconsin.

But after Rittenhouse's attorney Mike Richards objected, Kenosha County Judge Bruce Schroeder paused the trial, sent the jury out of the room, and told Binger he was close to crossing the line.

"I was astonished when you began your examination by commenting on the defendant's post-arrest silence," Schroeder shouted. "That's basic law. It's been basic law in this country for 40 or 50 years … I don't know what you're up to."

"You're an experienced trial lawyer, and this should not have been gone into," the judge added.

Schroeder also chastised Binger for starting to discuss a piece of evidence that Schroeder had previously banned from being brought up at trial.

Video: Jury shown wealth of video at Kyle Rittenhouse trial (Daily Mail)


Binger was attempting to question Rittenhouse about a video recorded weeks before the Kenosha shootings, in which Rittenhouse could be heard saying he wished he "had my f---ing AR." The video was apparently filmed from inside a car, across the street from a CVS Pharmacy, where several hooded people could be seen rushing out and clutching items.

A voice that sounds like Rittenhouse's could be heard saying, "Bro, I wish I had my f---ing AR. I'd start shooting rounds at them."

Binger had previously argued that the video showed Rittenhouse "was ready and willing to use deadly force in a situation where it was completely unjustified," but Schroeder ruled against him, barring it from being discussed at trial.

On Wednesday, Richards called the situation "ridiculous," saying the prosecutor was ignoring the judge's previous rulings.

When Binger said Rittenhouse's testimony opened the door to the questions, Schroeder again raised his voice.

"Don't get brazen with me!" he shouted. "I don't want to have another issue as long as this case continues, is that clear?"

Rittenhouse is charged with fatally shooting two men, Joseph Rosenbaum and Anthony Huber, and injuring a third, Gaige Grosskreutz, during civil unrest following the police shooting of Jacob Blake.

Rittenhouse has argued that he acted in self-defense and said the victims were attacking him.

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