The trial is very close to being dismissed with prejudice.
That would be appropriate.
The defense demanded that the judge admonish the prosecution, and said that if it happened again, the defense would ask the judge to declare a mistrial with prejudice, preventing the charges from being brought again.
Judge Schroeder exploded at Binger, raising his voice, saying that Binger had entered into areas of testimony that had been ruled out, without warning.
Binger apologized, but kept insisting on responding to the judge. “Don’t get brazen with me!” the judge shouted.
I’m sure if the DA had decided justification in the George Floyd case, all would have been accepted that was the end of it.
Or would we hear “We demand this be decided in a court of law”…with appropriate burning and looting, of course.
Note in the current case we are going over how close such and such a person was to Rit…, did he touch the gun, where was his pistol pointed, etc. In Babbit its: she was unarmed in the hall so I killed her. - oh. ok. no foul.
Nah, though mistrials are within judicial discretion, they are much more open to appeal than a not-guilty verdict. The judge knows that so I don’t think a mistrial is a thing here. Also a mistrial with prejudice is still appeallable to a higher court and the standard is much lower than for vacating a jury verdict.