- Assistant District Attorney Thomas Binger initially shared low quality drone footage from the night of the shooting with the defense
- The defense claims Binger only shared the high-definition footage after evidence had closed on Saturday
- According to a motion filed today by the defense, '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 motion states
- Lawyers for Rittenhouse filed their motion for mistrial with prejudice based on this and several other grounds
Assistant District Attorney Thomas Binger played the enhanced drone footage to the jury during his closing statements and claimed that it showed Rittenhouse 'pointing his gun' at people – an assertion that opened the door to the state claiming Rittenhouse provoked the violence of the night of August 25, 2020.
Now, in the motion obtained by DailyMail.com, Rittenhouse's defense insist that the state only shared it with the defense after evidence had closed on Saturday November 13.
According to the motion, '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 motion goes onto explain that the file size of the defense video is just 3.6MB while the prosecution's is 11.2MB.
The motion states that this larger file was not provided to the defense 'until after the trial concluded'
It reads, 'During the jury instructions conference, the defense played their version of the video for the court to review. The state indicated their version was much clearer and had their tech person come into court to have the court review their clearer video. The video is the same, the resolution of that video, however, was not.'
In fact, the state did not provide the larger file until two days before closing arguments and after the evidence had been...
Read More HERE
Hmm prosecutors withholding evidence that may be exculpatory? Sen Ted Stevens anyone?
ReplyDeleteAnyone that has minimal knowledge knows that the file size comparison are not indicative of the true quality difference. It's about 3x size difference, but depending on what was done and how it was done the quality and informational difference is like a lot more.
It also starts to raise the question of "is what you gave the defense actually real?".
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ReplyDeleteI don't think a mistrial prevents a retrial. Or, a Civil prosecution. So, if Kyle walks, he won't walk far.
DeleteMistrial with prejudice means that he cannot be tried again period
DeleteI expect a guilty. The jurors aren't safe. Not even from the city itself. Though, who knows. If they have thrown it, it will be for reasons other than what it seems, and probably a negotiated thing in some back rooms... not what it seems. Will have to wait and see, I guess.
ReplyDeleteThat's why #handbrake was trending on twitter yesterday. Some eagle eye caught the software on lunchbox's computer from a screenshot.
ReplyDelete