John Pierce, the former lawyer for Kyle Rittenhouse, said he expects a full acquittal in the Kenosha, Wisconsin case after the defense requested a mistrial. Pierce said on “Fox & Friends First” he doesn’t anticipate any potential guilty verdict surviving the mistrial motion and believes the only other outcome could be a hung jury.
“JOHN PIERCE: This judge is terrific, Judge Schroeder. He might be the best judge I’ve ever seen. He is no-nonsense. He sticks to the facts of the law. He was obviously outraged at some of the instances of prosecutorial misconduct. Everyone saw that. One that we haven’t touched on yet, which is just as bad as the Brady violation with the HD drone footage, is that the prosecutors attempted to use the fact that Kyle had exercised his constitutional right to remain silent before the trial.
And that is just trial advocacy 101 for prosecution. You cannot do that. So I really believe there’s going to be a full acquittal. If not, I think there’ll be a mistrial, hopefully with prejudice or potentially without prejudice. Or a hung jury is the only other outcome I see here.
Comment: In my experience as a consultant for the courts and expert witness it is actually a fairly common thing for prosecutors to withhold exculpatory information from the defense on discovery. This is a crime but they do it anyway and then are very chummy with the defense lawyers in the lunch room while the poor bastard defendant is sitting nearby.
On several occasions I trapped prosecutors into asking how I knew a particular thing. This happened both in chambers and in open court. It was easy to do. To do that you simply have to demonstrate knowledge of something they have not given to the defense in discovery. This can be a guess, but it works well with people of such enormous ego. The prosecutors are nothing like as clever as they think. On such occasions their outrage was directed to the whole defense team. On one occasion actually said in a federal judge’s chambers. “How do you know that? We did not give them (the defense) that. You are a famous spy. You have recruited one of us.”
Need I say more? pl