As Kyle Rittenhouse’s jury officially began its deliberations Tuesday, a piece of unfinished business still hung over the case.

The defense filed a motion ahead of Monday’s closing arguments asking for a mistrial based on prosecutorial misconduct. The request will be moot if the jury — which began deliberations at 9:15 a.m. local time — acquits Rittenhouse of the five felony charges against him, so it appears the judge will not address the issue until after deliberations.

Eighteen jurors listened to the case, though only 12 have been tapped to reach a verdict. Before deliberations began, Rittenhouse on Tuesday pulled six numbers from an old-fashioned lottery tumbler that is original to the 100-year-old courtroom, and those six people were designated as alternates.