Jury continues deliberations in Rittenhouse trial

Defense attorneys filed a motion for mistrial with prejudice in the trial of Kyle Rittenhouse on Monday, accusing the state of intentional "prosecutorial overreach."

The seven-page defense motion, filed on Monday, was provided to CNN by the court clerk this morning.  

The motion points to a testy exchange between Judge Bruce Schroeder and Kenosha County Assistant District Attorney Thomas Binger over his line of questioning as Rittenhouse testified last week, which the judge had warned could be a violation of Rittenhouse’s rights under the Fifth Amendment of the US Constitution to remain silent.  

In court on Wednesday, the judge initially called the discussion of the defendant's silence a "grave constitutional violation," but he later said it was "right on the borderline."

Defense attorneys also pointed to a second incident in their motion from Wednesday, in which Schroeder admonished the prosecutor about an incident two weeks before the shootings that the judge said would not be permitted into evidence.

CNN has previously reported that attorneys made the court aware of their intention to file the motion last Wednesday following the cross-examination of Rittenhouse. A mistrial with prejudice would mean there would be no chance for a retrial.

The motion also resurfaces a heated exchange between attorneys on Friday over a drone video, in which the state alleged Rittenhouse can be seen raising and pointing his weapon at a man near Joseph Rosenbaum. The state says this is what provoked Rosenbaum to start chasing Rittenhouse 

Defense attorneys say in their motion that they were given a compressed version of the drone video that was only 3.6MB, while the state had a higher resolution version that was 11.2MB. Schroeder told attorneys Friday he would let the jury decide on the video.  

Prosecutors have not filed a response and Schroeder told attorneys he would take the intent to file the mistrial motion under advisement last week. 

The jury in the Kyle Rittenhouse case is set to convene at 10 a.m. ET today for a second day of deliberations.

A group of 20 people — 11 women and nine men — were initially selected to serve on the jury on November 1 from a group of 179 prospective jurors. The jury selection consisted of just one day of voir dire in court without the use of background questionnaires.

Two people were dismissed from the jury during the course of the trial. One juror, a middle-aged man, was dismissed for telling a joke to a deputy about the police shooting of Blake, an incident that earned a rebuke from the judge. Another juror, a pregnant woman, was dismissed after experiencing discomfort and requesting to be dismissed, the judge said.

Eighteen jurors thus sat through the entirety of the two-week trial. On Tuesday morning, Rittenhouse himself selected six juror numbers out of a tumbler in a random drawing. Those six will not participate in jury deliberations.

The remaining 12 jurors are made up of five men and seven women, according to a pool reporter in court. The jurors who were selected in the random drawing will serve as alternates. They were asked to remain at the courthouse while the jury deliberates the case.

Day two of jury deliberations will begin soon in the Kyle Rittenhouse case.

Yesterday, deliberations started at 10:15 a.m. ET, and Kenosha County Circuit Judge Bruce Schroeder dismissed the jurors for the evening at 6:50 p.m. ET. The court did not specify how long the jurors took for their lunch break.

The jury is due back at the courthouse at 10 a.m. ET today. It's not clear how long they'll deliberate today.

The jury will begin deliberating again today in the trial of Kyle Rittenhouse.

While we wait for the jury to assemble at 10 a.m. ET today, here's a look at the five felony counts against Rittenhouse.

Count 1: First-degree reckless homicide, use of a dangerous weapon

Count 1 states Rittenhouse recklessly caused the death of 36-year-old Joseph Rosenbaum under circumstances that showed utter disregard for human life.

Wisconsin law allows the use of deadly force only if "necessary to prevent imminent death or great bodily harm."

Count 2: First-degree recklessly endangering safety, use of a dangerous weapon

Count 2 states Rittenhouse recklessly endangered the safety of Richard McGinniss — a journalist with the conservative Daily Caller — under circumstances that show utter disregard for human life.

Count 3: First-degree recklessly endangering safety, use of a dangerous weapon

Count 3 states Rittenhouse recklessly endangered the safety of an unknown male, referred to as "jump kick man" in court, under circumstances that show utter disregard for human life.

The man jumped at Rittenhouse at one point, trying to kick him and the teen opened fire. "I thought if I were to be knocked out, he would have stomped my face in if I didn't fire," he said. Rittenhouse fired at the man twice and missed.

Count 4: First-degree intentional homicide, use of a dangerous weapon

Count 4 states Rittenhouse caused the death of 26-year-old Anthony Huber, with intent to kill him. It's the most serious charge he faces, with a mandatory life sentence. Huber swung his skateboard at Rittenhouse after Rosenbaum was fatally shot.

Prosecutors asked that the jury also be instructed on second-degree intentional homicide, first-degree reckless homicide and second-degree reckless homicide.

Defense attorneys objected to second-degree reckless homicide. The judge said he "embraced" the defense's argument. But he will likely allow lesser charges of second-degree intentional homicide and first-degree reckless homicide.

Count 5: Attempted first-degree intentional homicide, use of a weapon

Count 5 states Rittenhouse attempted to cause the death of 27-year-old Gaige Grosskreutz, with intent to kill him.

After shooting Huber, Rittenhouse testified, he saw Grosskreutz lunge at him and point a pistol at his head. Rittenhouse shot him, he testified. Grosskreutz was wounded.

Grosskreutz testified he pulled out his own firearm because he believed Rittenhouse was an active shooter.

Prosecutors asked for lesser charges of attempted second-degree intentional homicide, first-degree reckless endangerment and second-degree reckless endangerment. Schroeder said he was inclined to agree with the prosecution.

Remember: A misdemeanor weapons charge was dismissed by the judge as proceedings opened Monday morning.