Rittenhouse Lawyers Want Case Dismissed Claiming Prosecutors Withheld Evidence

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The low-quality drone video, being used as a linchpin in the State’s case, has a cousin. According to a heated exchange inside the Kenosha County Courthouse, the newer, high-quality video was conveniently never given to the defense.

“We did not alter the video evidence,” Assistant District Attorney John Kraus assures Judge Schroeder and Kyle Rittenhouse’s defense team. ADA Thomas Binger played the video’s high-quality version for the jury during his closing arguments and is using that in his claim that the defense has had access to the footage.

The prosecution is accused of not providing the defense with a high-quality version of the drone video. The prosecution claims the footage shows Kyle Rittenhouse pointing his gun at the Zimiskis.  Earlier today the Rittenhouse’s defense team filed a motion for the court to dismiss the case with prejudice due to the withheld evidence, among other prosecutorial issues.

The motion stated:

“On November 5, 2021, the fifth day of trial on this case, the prosecution turned over to the defense footage of a drone video which captured some of the incident from August 25, 2020.”

“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 prosecution claimed it did not give Rittenhouse’s defense team the compressed version of the video on purpose. But instead, the fact that it played in the courtroom for the defense and Kyle’s former defense team had access to the video should be sufficient for Judge Schroeder to negate possible suspicions of malice.

“If I knew how to compress files and do all these technology things, I’d have a much better job,” ADA Kraus quipped.

Rittenhouse’s team argued that the two videos have conflicting “metadata” affecting the size and date associated with the prosecution’s evidence. According to the motion, the original video was 11.2MB, but the version given to the defense was only 3.6MB.

“As it relates to the compressed drone footage. The prosecution should be required to explain to the court why they did not copy the footage for the defendant with the same quality as their copy,” the defense’s motion urged.

During the argument, Kyle’s defense team asked Judge Schroeder to dismiss the case without prejudice due to the issue with this video. The judge did not immediately rule on the motion but did tell the prosecution that a “day of reckoning” would be coming in response to their conduct in this case.

The judge ultimately allowed the jury to view the evidence.

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