As the jury in the Kyle Rittenhouse trial deliberates, complications over one piece of evidence have emerged.
Jurors want to review drone video evidence that has become the center of controversy in the trial.
That led Kenosha Circuit Court Judge Bruce Schroeder on Wednesday to comment, “My nightmare has come true,” according to WMAQ-TV.
The Chicago Tribune reported a motion filed by the defense on Monday called for a mistrial due to prosecutorial misconduct.
The motion states that the prosecution gave the defense a drone recording taken in Kenosha on the night of shootings at a lower resolution than the one the state has.
The evidence is considered crucial by the state because it claims Rittenhouse was pointing his gun at those who were shot before he faced potential harm.
“The video footage has been at the center of this case,” the mistrial motion states. “The failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant.”
While discussing the drone video without the jury present on Wednesday, questions emerged about copying video from a phone to a laptop, according to WMAQ.
Schroeder said that resolving that, so that the jury knows what it is actually seeing, will require bringing expert witnesses to testify. That would bring deliberations to a halt.
Amid discussion of viewing the video, it was determined that the jury could view the video as often as they want, but would need to be assembled in the courtroom, and not in private, to view the evidence.
Earlier, the defense spoke about its motion for a mistrial.
“I ask the court to consider, the drone footage was turned over by an anonymous person who we supposedly now know who it is … on the first Friday of the jury,” defense lawyer Mark Richards said.
“We were provided a copy of that from Mr. [James] Kraus that was neither in the length or definition clarity that the state had. We did not get the full download that they received until Saturday [or] Sunday of last weekend after all the evidence was closed, and that’s a real problem.”
In addition, the prosecution has admitted to using edited and/or enhanced video footage as evidence during the trial. Richards said Wednesday this footage should have been inadmissible in court.
“[S]ince doing our research, the specific Amped [software] owners’ manual says that when using AI to enhance photographs or videos, it is for investigative purposes only,” Richards said. “It is not forensically to be used in a court of law and should be labeled as such.”
Rittenhouse is charged with two counts of first-degree homicide, the most serious charges against him. He also faces two counts of first-degree endangering safety through the use of a dangerous weapon and one count of attempted first-degree homicide.
Rittenhouse has said that he was acting in self-defense.
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