Kyle Rittenhouse's attorneys allege that the prosecution hid evidence
During the Kyle Rittenhouse trial, the prosecution argued that Kyle provoked the men who attacked him by waving his gun. To prove this, during the trial, the prosecution gave the defense fuzzy drone footage. There was a great deal of argument about what could be extrapolated from that fuzzy view. It turns out that the prosecution had within its possession a high-quality video that it played for the judge after the trial ended. On this, and other evidentiary grounds, the defense moved for a mistrial with prejudice.
The defense motion states the facts with sufficient clarity that I'm going to reprint them here verbatim:
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 file size of the defense video is 3.6 MB and the state's is 11.2 MB. Further, the dimensions on our video are 480 x 212, the state's, 1920 x 844. The video which was in the state's possession, wasn't provided to the defense until after the trial concluded. 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. The state did not provide their quality video to the defense until Saturday, November 13, 2021, and only did so upon specific request by Attorney Wisco — two days before closing arguments and after the evidence had been closed.
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