The judge presiding over the Kyle Rittenhouse murder trial unleashed on prosecutors on Wednesday, accusing them of a “grave constitutional violation” as they cross-examined the teenager. Assistant District Attorney Thomas Binger had been grilling Rittenhouse about his decision to remain silent after he shot two people and injured a third in Aug. 2020. Binger also appeared to be poised to question Rittenhouse, 18, about comments he’d allegedly made prior to Aug. 2020, about wanting to shoot people.
The questions prompted Kenosha County Circuit Court Judge Bruce Schroeder to send the jury out of the room—before unleashing on Binger for asking about Rittenhouse’s right to remain silent. “I was astonished when you began your examination by commenting on the defendant’s post-arrest silence,” he said. “That’s basic law. It’s basic law in this country for 40 or 50 years...I don’t know what you’re up to.”
When Binger tried to explain why he believed he was entitled to ask certain questions and admit evidence Schroeder previously ruled could not be used—stating Rittenhouse’s testimony had opened the door for it—the judge lost it. “Don’t get brazen with me! 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!” he yelled.