Judge Slams Prosecutors for Trying to Use Rittenhouse Right to Remain Silent against Him

After giving his testimony to judge and jury in his defense, Kyle Rittenhouse was cross-examined by the prosecution, who stated their claim that Rittenhouse intended to kill people the night of August 25, 2020. The prosecutor tried to bring up Rittenhouse’s invoking his right to remain silent after his arrest, which is long-established in US law to not be permissible to hold against a defendant.

The state tried to show that Rittenhouse was not being entirely honest on the stand, “tailoring his testimony” after having heard eye witness testimony, and seen media accounts of that night and the reactions to it over the past year.

The defense issued an objection, saying that the state was trying to “comment on my client’s right to remain silent.”

“I am making the point that after hearing everything in the case, now he’s tailoring his story to what has already been introduced,” the state’s attorney said.

The judge said “the problem is this is a grave constitutional violation for you to talk about a defendant’s silence,” and said that the prosecution was “right on the borderline.” The jury was then brought back in.

 

 

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