5:47 p.m. ET, November 11, 2021
Rittenhouse judge asks prosecutor about his expression as they discuss Wednesday's heated exchange
From CNN’s Carma Hassan
Kenosha County Assistant District Attorney Thomas Binger, sitting left, speaks to Judge Bruce Schroeder.
(Pool)
Kenosha County Judge Bruce Schroeder asked the jury to leave the room while he and the attorneys talked over the prosecution’s objection to specific portions of video analysis from John Black, the defense's witness, on Thursday, saying it was outside the court’s order.
“It certainly was my impression that we were talking about video of the entire episode and ... certainly in my mind is not limited to the specific numbers on this observation point list that you're talking about,” Schroeder said to Kenosha County Assistant District Attorney Thomas Binger.
“I am a little bit challenged when you say — is there something that I'm saying that draws the face that you're making?”
“I have to say, your honor, yesterday, I was the target of your ire for disregarding your orders. Today the defense is disregarding your order,” Binger replied.
Yesterday’s heated exchange between the judge and Binger came up again a few minutes later with the prosecutor saying, “yesterday, as I said, I was under the court’s ire” and Schroeder cutting him off saying, “you know, I don’t want to talk about” it.
“I think it's a fundamental fairness issue, your honor, if I'm being held to obey the court's orders, I'm asking that the defense be held to that too,” Binger persisted.
“I was talking yesterday about the Constitution of the United States and how the Supreme Court has interpreted it for 50 years. That’s not what we are talking about here today,” the judge replied.
Court resumed after the discussion and the video will be shown in court.