UPDATE: Kenosha County Circuit Court Judge Bruce Schroeder continued yelling at prosecutor Thomas Binger for trying to introduce evidence that was excluded in a pre-trial order.
“You know why it was excluded in the first place, it was propensity evidence,” Shroeder told Binger. “Don’t get brazen with me. You knew well, you know very well that an attorney can’t go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so. So don’t give me that.”
“I was astonished when you began his examination by commenting on the defendant’s post-arrest silence. That’s basic law. It’s been basic law in this country for 40 years, 50 years! I have no idea why you would do something like that,” he added.
The judge just chewed out Binger again. Wow. pic.twitter.com/f3fADU2M0A
— Benny (@bennyjohnson) November 10, 2021
Binger tried justifying his actions, claiming he was acting “in good faith,” but the judge once again shot him down.
“I don’t believe you” Schroeder replied.
PROSECUTOR: "I was acting in good faith"
JUDGE: "I don't believe you" pic.twitter.com/RD1eAqbzP0
— Greg Price (@greg_price11) November 10, 2021
Original story below:
The judge in the Kyle Rittenhouse trial scorched the prosecutor of the case for violating the Constitution by questioning the defendant’s motives in invoking his Fifth Amendment right to remain silent.
Rittenhouse’s attorney’s on Wednesday pointed out prosecutor Thomas Binger’s unconstitutional line of questioning during his cross-examination of Rittenhouse.
That’s when Kenosha County Circuit Court Judge Bruce Schroeder ordered the jury out of the courtroom before scolding Binger for violating the Constitution by interrogating Rittenhouse about his right to remain silent.
“The problem is this is a grave constitutional violation for you to talk about the Defendant’s silence,” Schroeder told Binger.
Judge Scolding The Prosecution In The Rittenhouse Case
“The problem is this is a grave constitutional violation for you to talk about the Defendant’s silence.”
“You are right on the borderline, you may be over. It better stop.” pic.twitter.com/OVK9eYOSSm
— The Columbia Bugle 🇺🇸 (@ColumbiaBugle) November 10, 2021
Binger insisted he was just trying to establish that Rittenhouse was “tailoring his story.”
“You’re right on the border line,” Schroeder warned. “And you may be over it. But it better stop.”
“This is…I can’t think of the initial case on it, but it’s not permitted,” he added.
Binger then pivoted to asking Rittenhouse if he has an AR-15 rifle because he likes playing shooting games like Call of Duty.
Binger asked about Call of Duty 😂
AR-15 is not even in these games because it's not a weapon of war. Binger thinks M4s and M16s are AR-15s lol pic.twitter.com/TQjk25ceRj
— Lofti Pixels (@loftipixels) November 10, 2021
Binger’s unethical and shady tactics have been slowly becoming apparent as the trial has unfolded.
On Tuesday, one of Binger’s own witnesses named Nathan DeBruin revealed that Binger had asked him to change his witness statement pertaining to the events of the Rittenhouse shooting in Kenosha, Wisconsin.
Watch Day 7 of Rittenhouse trial: