The judge presiding over the murder trial of Kyle Rittenhouse went into a semi-rant about biblical history while talking about about the roots of hearsay law in the State of Wisconsin, Law&Crime reports.
The issue arose when lead prosecutor Thomas Binger played a video that contained an audio track. In the recording, a narrator from The Rundown Live indicated that he was present at the time of the recording with “a bunch of militia” in Wisconsin and described the vandalism of a car dealership the previous day. Defense attorney Mark Richards said the track contained “editorialization” and should neither have been played nor continue to be played before the jury.
Binger said both parties had consented to the authenticity of the recording. He said the person who made the recording could easily be subpoenaed for confrontation purposes — which is what concerned Judge Bruce Schroeder.
“This is actually referred to in the Bible. Saint Paul, when he was put on trial in – I think it’s Caesarea – well, it was over in Palestine — in Israel — he was accused of some activity,” Judge Schroeder said.
“And he was a Roman citizen, which is not common, but he happened to have been a Roman citizen. So, he had rights that we share now as Americans,” he continued. “And he when they tried to put him on trial with evidence from — which was being repeated by somebody who wasn’t there and under oath — he said, ‘Where are the witnesses against me? I am a Roman, and I have a right to confront my accusers. They should be here.’”
“And so that led to, actually, his voyage to Rome to have his case heard before the Emperor. So it’s an ancient rule,” he said. “It’s strictly, strictly enforced in the criminal courts for very obvious reasons.”
Read it over at Law&Crime.