Earlier in the trial, the prosecution had asked for permission to introduce the statement, and the judge had denied it. Then the prosecutor, while questioning Rittenhouse, decided on his own that the “door had been opened” and that he could ask about the statement. The problem: he didn’t ask the judge first.
Big Mistake. This is Lawyering 101. If the judge has ruled certain evidence inadmissible, and you think the other side has “opened the door” to your bringing it up, because they went into some area that you believe justifies your making a reference to the inadmissible evidence, you cannot just take it upon yourself to ask the question about the inadmissible evidence. You absolutely must first ask the judge for permission to ask the question.
I’d say this chewing-out is mild given what the prosecutor did.
My next newsletter will be out soon and will be free. It will take up once again the Ahmaud Arbery jury selection issues that I began discussing the other day. Bottom line: further information vindicates my earlier opinions. Details soon.