KENOSHA, WI. (THECOUNT) — The defense team of Kyle Rittenhouse filed a motion on Monday asking for a mistrial due to prosecutorial misconduct. It appears Judge Bruce Schroeder will not address the issue until the jury is finished deliberating.

The defense’s motion to declare the case a mistrial with prejudice was filed before closing arguments were made on Monday. Members of the jury started their deliberation process on Tuesday morning and are expected to again deliberate Wednesday.

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If Rittenhouse, 18, is acquitted of the five felony charges stemming from the August 2020 shooting, the request will be rendered moot. The judge hasn’t held any arguments or rendered a decision yet over the motion.

Rittenhouse’s attorneys accused prosecutors of providing them with drone a recording that had a lower resolution than the one the state possesses. The prosecution argued that the footage allegedly shows Rittenhouse pointing his weapon at a bystander, which provoked the shooting.

Rittenhouse’s lawyers alleged that they only obtained the higher-quality clip from prosecutors on Saturday after their testimony concluded.

“The video footage has been at the center of this case,” the defense motion said. “The failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant.”

Their mistrial motion also made reference to prosecutor Thomas Binger’s comments last week when he made reference to Rittenhouse not speaking to police after he was arrested. Schroeder last week admonished Binger over the move, claiming that he imperiled Rittenhouse’s Fifth Amendment right to remain silent, reports epochtimes.

On Tuesday night after a day of deliberations, the jury hadn’t produced a verdict before Schroeder retired the 12 jurors around 5:50 p.m. CT.

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