In the Kyle Rittenhouse trial, the defence filed a motion for a mistrial during jury deliberations. One of the grounds for a mistrial, they argued, was that a low-resolution recording of the drone footage (since it was compressed when it was transferred from an Apple to an Android device) prejudiced the defendant. I do not believe Judge Schroeder got around to ruling on the matter, although I think he did give a warning to the prosecution, suggesting that it would have been grounds for appeal if Kyle had been convicted.

Would the high-definition recording of the drone footage have been favourable to Rittenouse in undermining the State's case, or impeaching the witness testimony that was used alongside it in court, therefore making this a Brady violation? Or is this simply prosecutorial misconduct?

  • This was not adjudicated.
    – Trish
    Nov 26, 2021 at 1:10
  • 1
    Okay, but what are the legal opinions of people on this site regarding the matter? Is there any precedent or statute? Nov 26, 2021 at 1:32
  • You said the magic word “opinions”. That is off-topic for this site. Nov 27, 2021 at 1:42
  • 1
    I don't see why this couldn't be evaluated objectively against the Brady requirements.
    – Ryan M
    Nov 29, 2021 at 5:40


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