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Judge Bruce E. Schroeder scolded Kenosha County Assistant District Attorney Thomas Binger for his line of questioning during the cross-examination of Kyle Rittenhouse on Wednesday (November 10).
Binger was questioning Rittenhouse about his age, his knowledge of gun laws, and his purchase of the gun he had in his possession.
Rittenhouse's defense attorney Mark Richards threatened to call for a mistrial with prejudice if Binger continued his line of questioning.
Judge Schroeder stopped the proceedings and sent the jury out of the courtroom while he had a heated discussion with Binger.
"You are already ... I was astonished when you began your examination by commenting on the defendant's ... silence" before trial, Schroeder said, according to Fox News. "I don't know what you're up to."
"I believe, based on the evidence that we've heard and more specifically exactly what the defendant's said earlier about admitting pointing a gun at someone who is merely jumping or sitting on a car, that the door is open now to this testimony. And I continue to believe that his state of mind, his intent, his belief as to self-defense is the core of this case," Binger replied.
After a delay of about ten minutes, the jury returned to the courtroom, and the cross-examination continued.
Early in the day, Rittenhouse broke down in tears and began hyperventilating while he was recalling the events the led to him shooting three people during a protest in Kenosha, Wisconsin, on August 25, 2020. When asked if he was able to retreat when confronted by Joshua Ziminski, who was armed with a pistol, Rittenhouse began to hyperventilate and started to cry.
"I wasn't ... once I take that step back I look over my shoulder and Mr. Rosenbaum, Mr. Rosebaum was now running from my right side, and I was cornered from in front of me with Mr. Ziminski, and there were ... there were three people right there," he said through tears.
"That's when I run ..." Rittenhouse said before the judge asked for a brief recess to allow him to collect himself.
Rittenhouse has pleaded not guilty to felony charges of first-degree reckless homicide, first-degree intentional homicide, and attempted first-degree intentional homicide for killing Joseph Rosenbaum, 36, and Anthony Huber, 26, and wounding Gaige Grosskreutz, 27. Rittenhouse claims he was acting in self-defense when he opened fire.