To be clear: the majority of this motion for mistrial with prejudice has to do with the prosecutor's very poor conduct at the start of cross-eamining Kyle.
The video was not "new" but only provided to defense in a lower quality format.
It appears that there are three main reasons to file this motion, 1) 5th amendment rights being brought up, 2) prosecution disobeying court orders, and 3) video evidence not provided to defense in the same format as the state had.
Those watching the case knew the defense planned to file this motion, it was mentioned in court that it would be filed. Some legal analysts have suggested the prosecution will be or has been given time to respond, up to a week perhaps.
If the judge really wanted to call a mistrial he could have after the events surrounding the cross-examination of Kyle. I suspect the judge does not want a mistrial and would prefer the jury to return a verdict. He seems to be a strong believer in juries. He may be a little unaware how biased the jury pool may be these days and in these kinds of widely publicized trials.
To be clear: the majority of this motion for mistrial with prejudice has to do with the prosecutor's very poor conduct at the start of cross-eamining Kyle.
The video was not "new" but only provided to defense in a lower quality format.
It appears that there are three main reasons to file this motion, 1) 5th amendment rights being brought up, 2) prosecution disobeying court orders, and 3) video evidence not provided to defense in the same format as the state had.
Those watching the case knew the defense planned to file this motion, it was mentioned in court that it would be filed. Some legal analysts have suggested the prosecution will be or has been given time to respond, up to a week perhaps.
If the judge really wanted to call a mistrial he could have after the events surrounding the cross-examination of Kyle. I suspect the judge does not want a mistrial and would prefer the jury to return a verdict. He seems to be a strong believer in juries. He may be a little unaware how biased the jury pool may be these days and in these kinds of widely publicized trials.