Good afternoon from Waukesha
#DarrellBrooks is back in court today, as he and the prosecutors work through some legal stuff before opening statements tomorrow.
Brooks is back in his orange jumpsuit as there is no jury present today.
@SpectrumNews1WI #WaukeshaChristmasParade
#DarrellBrooks is back in court today, as he and the prosecutors work through some legal stuff before opening statements tomorrow.
Brooks is back in his orange jumpsuit as there is no jury present today.
@SpectrumNews1WI #WaukeshaChristmasParade
@SpectrumNews1WI You'll notice we have better camera angles starting today.
With @CourtTV providing pool cameras, the court allowed them to set up multiple cameras in the main courtroom, and have one set up in the side room where Brooks gets kicked to when he's disruptive.
With @CourtTV providing pool cameras, the court allowed them to set up multiple cameras in the main courtroom, and have one set up in the side room where Brooks gets kicked to when he's disruptive.
The State’s table
We're underway.
Brooks is once again asking for the case to be dismissed.
Brooks is once again asking for the case to be dismissed.
Judge Jennifer Dorow said Brooks was offered to appear in a suit, but chose to show up in his jail jumpsuit.
He said he does not identify by the name "Darrell Brooks."
He said he does not identify by the name "Darrell Brooks."
Brooks filed an inmate communication form from jail asking for six subpoena forms. Judge said those were delivered to the jail, but Brooks said he hasn't received them.
She's printing off 10 for him.
She's printing off 10 for him.
The Inmate Communication Form (ICF) was filed asking for an adjournment.
She handed out the COVID-19 protocol, and Brooks is objecting to it, she said "it's been placed in front of you."
She handed out the COVID-19 protocol, and Brooks is objecting to it, she said "it's been placed in front of you."
Brooks is requesting an adjournment of all proceedings saying he's on a COVID-19 protocol.
Judge said she provided the COVID-19 illness reporting protocol.
She said the table where he is seated is not within 6 feet of anyone else in the courtroom.
Judge said she provided the COVID-19 illness reporting protocol.
She said the table where he is seated is not within 6 feet of anyone else in the courtroom.
Judge said the only information she has is what was put in his ICF form.
He said he is not allowed in his cell at the moment because of that protocol based on the nurse's order until his test returns.
She said that information isn't given to her based on HIPAA
He said he is not allowed in his cell at the moment because of that protocol based on the nurse's order until his test returns.
She said that information isn't given to her based on HIPAA
He's interrupting her quite a bit here and said she's going to talk over him.
"I do not have any information regarding the covid-19 protocol, anything specific about you other than what you put in the Inmate Communication."
"I do not have any information regarding the covid-19 protocol, anything specific about you other than what you put in the Inmate Communication."
Judge Dorow said the jail has not given any other information as to why Brooks is on COVID protocol because they're not able to under HIPAA. She said he has to sign off on that
He said "that is incorrect."
He said "that is incorrect."
Brooks said he finds it "hard to believe" that she can't communicate with jail staff who knows he was "Just seen by a nurse" because he has a "Loss of taste and fatigue."
"That is very easy information to obtain."
"We're talking about someone's health."
"That is very easy information to obtain."
"We're talking about someone's health."
Brooks: "I'm afraid. I'm fully vaccinated. I've never had COVID."
Said he isn't feeling well.
Said he isn't feeling well.
Judge: "Do you believe you were tested for COVID?"
Brooks: "Obviously I was tested for COVID"
Judge asks if it was an oral swab or nasal swab. He said nasal.
She asked when he's supposed to get results back he said Friday.
Brooks: "Obviously I was tested for COVID"
Judge asks if it was an oral swab or nasal swab. He said nasal.
She asked when he's supposed to get results back he said Friday.
She asked if he had a rapid test, and claimed that one wasn't available.
She asked if one was made available to him if he would submit to a rapid test, he said he's not submitting to anything.
"I've had people close to me who have passed away from COVID. I'm scared as hell."
She asked if one was made available to him if he would submit to a rapid test, he said he's not submitting to anything.
"I've had people close to me who have passed away from COVID. I'm scared as hell."
Judge asks if she can make arrangements for a rapid test, if he would take one.
He said no.
She asked why not, and he said she can wait until the main test results come back.
He said no.
She asked why not, and he said she can wait until the main test results come back.
"If a rapid test can be obtained, are you willing to take a rapid test?"
"How can that be obtained?" He said he had a Lieutenant and two officers present when he was asking questions about when they said they had to test him for COVID."
"How can that be obtained?" He said he had a Lieutenant and two officers present when he was asking questions about when they said they had to test him for COVID."
Said it started with fatigue, and thought maybe he was just exhausted, and then said it realized it might be more. Said he started to lose his appetite.
Judge asked when he reported his symptoms. Reported them a few days ago. Said he started noticing symptoms over the weekend.
Judge asked when he reported his symptoms. Reported them a few days ago. Said he started noticing symptoms over the weekend.
Said he reported the loss of taste last night and didn't tell him until this morning that they had to test him.
Judge asked what other symptoms. He said just fatigue and loss of taste, which is why he said he was told he had to take the test.
Judge asked what other symptoms. He said just fatigue and loss of taste, which is why he said he was told he had to take the test.
He said the nurse told him the jail does not do rapid tests, so he said "ok, fine, just do the test, and I'll just sit on the protocol."
Brooks said he's in a "mental health medical pod as it is" and said he doesn't know if there has been any sort of lockdown over COVID with other inmates or staff.
Judge said she recognizes that the jail may have different COVID protocols than the courthouse and court employees follow.
She wants the jail to tell the court what the protocols are.
Reiterates that he is not within six feet of anyone in the courtroom.
She wants the jail to tell the court what the protocols are.
Reiterates that he is not within six feet of anyone in the courtroom.
Note: He is also in a mask
DA Susan Opper said she believes this is nothing than a delay tactic.
Brooks objects and starts talking over her and the judge is discussing his behavior with him again.
Brooks hangs his head down, sighs, and shakes his head no.
Brooks objects and starts talking over her and the judge is discussing his behavior with him again.
Brooks hangs his head down, sighs, and shakes his head no.
DA: Feels this is a delay tactic in line with the August motion hearing. Said Brooks has been saying for several weeks in phone calls with his mother and others that he was "going to get this trial delayed or pushed back"
Said the jail admin is present to provide info.
Said the jail admin is present to provide info.
DA: #DarrellBrooks has waived his right to HIPAA privacy
DA Opper said if he started to have symptoms over the weekend, we're at five days right now.
Brooks interrupts.
"No no no I respectfully object to that. That has no merit. I never said what day. I never said a day."
Asks why the phone calls aren't present to be shown.
Brooks interrupts.
"No no no I respectfully object to that. That has no merit. I never said what day. I never said a day."
Asks why the phone calls aren't present to be shown.
Wants proof of the phone calls where he has been talking about delaying the trial by "sworn affidavit."
"Why does everyone have to have on a mask to bring me down here" if this is a delay tactic -- Brooks asks.
He continues to interrupt Judge Dorow and DA Opper.
He's calling it abuse by the prosecution.
Judge: He's outright refusing to listen. He's talking over me. Is telling him she will put him in the other courtroom.
He said he doesn't consent.
He's calling it abuse by the prosecution.
Judge: He's outright refusing to listen. He's talking over me. Is telling him she will put him in the other courtroom.
He said he doesn't consent.
She's advising him again of the court's expectation that he conduct himself in a civil manner. She said when he acts out, he forfeits his right to be in the courtroom.
DA said the inmate communication form from September 28 needs to be addressed as well.
RIght now, Dorow said she's addressing the most recent ICF
RIght now, Dorow said she's addressing the most recent ICF
The jail administrator is taking the stand now. Angela Wollenhaupt.
Jail Administrator
She said that she can't explain the jail's protocols in general because of safety and security, but said that he would have access to everything he needs for this (documents, tablet, ect) and would be able to provide him for court.
Judge is asking the administrator why Brooks is in COVID protocol. She said he hasn't reviewed his medical file.
Judge asked Brooks if he would allow the administrator to discuss his medical record. He said "i do not understand."
Judge asked Brooks if he would allow the administrator to discuss his medical record. He said "i do not understand."
But she said his comments earlier signified that he wanted to waive his right to HIPAA
She said Brooks was administered a PCR test and DECLINED a rapid test. #DarrellBrooks
She said Brooks was administered a PCR test and DECLINED a rapid test. #DarrellBrooks
He asked "Why would I not be given the correct test from the get go instead of taking two tests?"
Administrator said she wouldn't answer because he said it was an incorrect test.
He said he didn't say that.
Administrator said she wouldn't answer because he said it was an incorrect test.
He said he didn't say that.
Also, the Jail Administrator said she has a rapid test on her at the moment.
Brooks asks why he would have to take two tests for the same thing. "If I'm talking a COVID test, why would I need to take another one?"
DA objects because it's beyond the scope of the admin's job.
Brooks asks why he would have to take two tests for the same thing. "If I'm talking a COVID test, why would I need to take another one?"
DA objects because it's beyond the scope of the admin's job.
Brooks said he thinks the wrong person is testifying because he doesn't understand why he would have to take two tests. He wants the nurse on the stand.
"Are you sure you're wrapping your head around what I'm saying, your honor?" Brooks said to the judge.
"Are you sure you're wrapping your head around what I'm saying, your honor?" Brooks said to the judge.
The administrator said that a rapid test is available, and that he declined it initially. He asked why it wasn't offered first.
She said she's not sure, as she hasn't looked at the medical record and she does not direct testing for medical conditions.
She said she's not sure, as she hasn't looked at the medical record and she does not direct testing for medical conditions.
DA: Although Mr. Brooks is under a COVID protocol, is he able to review discovery materials in his jail cell?
Admin: Yes.
DA asks if his discovery materials are in his cell, admin said yes. Brooks objects. Judge gives him a final warning.
J: "I've given you a lot of leeway."
Admin: Yes.
DA asks if his discovery materials are in his cell, admin said yes. Brooks objects. Judge gives him a final warning.
J: "I've given you a lot of leeway."
Brooks: "I would like to put you on notice I will be appealing your judicial decision."
Moving on.
DA asks if Brooks has access to the tablet and conference room/computer/legal materials.
Administrator: Yes. Protocol doesn't restrict his access.
Brooks objects.
Moving on.
DA asks if Brooks has access to the tablet and conference room/computer/legal materials.
Administrator: Yes. Protocol doesn't restrict his access.
Brooks objects.
Judge Dorow overrules and explains that an objection has to be to a question.
Overrules another objection. DA continues to ask the administrator about his access to things during protocol. Brooks keeps interrupting.
Overrules another objection. DA continues to ask the administrator about his access to things during protocol. Brooks keeps interrupting.
Judge Dorow is asking bailiffs to take Brooks out of the courtroom.
"I don't consent or agree to a stoppage." - Brooks
"I don't consent or agree to a stoppage." - Brooks
He requests a motion to dismiss, saying no one has a claim against him.
We're in recess.
Not one of the things set aside for the housekeeping things they wanted to discuss today have been discussed.
We're in recess.
Not one of the things set aside for the housekeeping things they wanted to discuss today have been discussed.
We're back in session.
Brooks is in the other courtroom. There were 9 interruptions the judge said. He was removed on the 10th.
The judge is going over the proper conduct basis she is using (Illinois v. Allen)
That's the SCOTUS case she's referring to when she removes him to the other courtroom.
That's the SCOTUS case she's referring to when she removes him to the other courtroom.
In that case, SCOTUS ruled the court can 1) bind and gag, 2) hold a defendant in contempt, 3) or have them removed.
Brooks is holding this objection sign.
He’s muted. #DarrellBrooks #WaukeshaChristmasParade @SpectrumNews1WI
He’s muted. #DarrellBrooks #WaukeshaChristmasParade @SpectrumNews1WI
The judge said she has given him ample opportunity and warnings and the court has no other options than to put him into the other room.
Brooks is being unmuted, and advised that if he interrupts the DA or others as they are providing testimony, outside of saying "I object" to a question, she will mute him again.
DA is again asking for everything Brooks has access to while in his pod, access to the conference room, thumb drive.
Brooks objects -- "It is irrelevant" to why he wants the adjournment.
Overruled.
Brooks objects -- "It is irrelevant" to why he wants the adjournment.
Overruled.
The current process right now:
DA question.
Brooks: "Objection"
Judge: "Overruled"
Jail administrator answers question.
Repeat.
DA question.
Brooks: "Objection"
Judge: "Overruled"
Jail administrator answers question.
Repeat.
Brooks is asking the jail administrator if he's allowed to shower and shave on protocol.
She said yes.
"With clippers or a razor?"
He then asks if the administrator is aware of how often a razor or clippers are made available. Admin declines to answer that.
She said yes.
"With clippers or a razor?"
He then asks if the administrator is aware of how often a razor or clippers are made available. Admin declines to answer that.
He's asked a few questions now that the jail administrator isn't answering because it deals with jail operations.
He's saying his program only allows him out of his cell 2 hours a day, and asks if being in protocol restricts him further.
He's saying his program only allows him out of his cell 2 hours a day, and asks if being in protocol restricts him further.
Judge interrupts and asks if Brooks is trying to ask if being under covid protocol if this would interfere with his ability to access to materials or a room.
Admin: Mr. Brooks is allowed to have legal material in his cell. He will stay in his current location.
Admin: Mr. Brooks is allowed to have legal material in his cell. He will stay in his current location.
Admin said he still has access to courtroom upon request and that is not restricted.
He asks her if he would be able to use the phone under the same manner he would if he wasn't under COVID protocol.
He asks her if he would be able to use the phone under the same manner he would if he wasn't under COVID protocol.
He said he only has access to the phone during a certain time, and asks if covid protocol would further restrict.
The jail administrator reiterates that all legal materials are available to Brooks in his cell and access to the conference room.
He's asking about some protocol he's been on where he said he only has certain times when he has access to things.
The judge stops him because he talks about having access to a shower, which she said is irrelevant about being ready for his case.
The judge stops him because he talks about having access to a shower, which she said is irrelevant about being ready for his case.
Brooks keeps asking about this protocol he was on, but the Jail Administrator can't/won't answer because it's beyond the relevancy of the issue at hand, which is having access to materials to be prepared for trial.
Brooks said he wasn't allowed to come out of his cell on this protocol, and the administrator she prefers to not answer.
Judge said it's beyond the scope.
Brooks: "What does that mean, I do not understand."
Judge: "Mr. Brooks, do you have any other questions?"
Muted.
Judge said it's beyond the scope.
Brooks: "What does that mean, I do not understand."
Judge: "Mr. Brooks, do you have any other questions?"
Muted.
The jail administrator is off the stand.
We're about two hours into this thing and we have not touched on any of the other housekeeping issues they initially planned to.
We're about two hours into this thing and we have not touched on any of the other housekeeping issues they initially planned to.
Brooks said he doesn't understand why the questions he's been asking aren't allowed to be answered.
He wants to have the protocols verified.
Judge: There's a question I'm asking you. Do you have any other evidence?
Brooks continues to not answer the questions so he's muted
He wants to have the protocols verified.
Judge: There's a question I'm asking you. Do you have any other evidence?
Brooks continues to not answer the questions so he's muted
He’s raised an objection.
(Literally)
(Literally)
The judge is explaining that when Brooks motioned to represent himself, the court explained that it could be difficult to do so, and said that the court cannot explain the law or give legal advice.
He continues to hold the objection sign.
He continues to hold the objection sign.
Brooks now asked about his argument for his motion to adjourn.
"I'm not arguing. I don't think I need to argue anything or provide anything more. It's clear to me that the wrong person was testifying. She said she was not present for the tests..."
"I'm not arguing. I don't think I need to argue anything or provide anything more. It's clear to me that the wrong person was testifying. She said she was not present for the tests..."
He said there's no way to say for sure he was provided with the tests he should have been provided with.
"Honestly your honor, I'm powering my way through this hearing. I feel like total crap, to be honest with you. I don't feel good at all." -- #DarrellBrooks @SpectrumNews1WI
"Honestly your honor, I'm powering my way through this hearing. I feel like total crap, to be honest with you. I don't feel good at all." -- #DarrellBrooks @SpectrumNews1WI
He continues to express his concern about potentially having COVID and said it's a concern for health and safety for others, and not a trial prep issue.
Judge hands back to the state to argue.
DA said they feel comfortable he can be present and moved properly even if positive
Judge hands back to the state to argue.
DA said they feel comfortable he can be present and moved properly even if positive
"I don't put much credibility in the comments of Mr. Brooks. He made 17 attempts for phone calls this morning alone."
DA said statement Brooks was concerned about being able to contact family via phone call.
DA asks to deny motion to adjourn.
Brooks holds objection sign
DA said statement Brooks was concerned about being able to contact family via phone call.
DA asks to deny motion to adjourn.
Brooks holds objection sign
Brooks is responding.
Said one of the detectives behind the DA wasn't present in the courtroom when he was in COVID protocol
"I think that has relevancy."
Said one of the detectives behind the DA wasn't present in the courtroom when he was in COVID protocol
"I think that has relevancy."
Said he doesn't understand why there's any difference.
Said he was able to make phone call attempts this morning because he was already out of his cell and wanted to notify family of what was going on regarding COVID protocol.
Said he was able to make phone call attempts this morning because he was already out of his cell and wanted to notify family of what was going on regarding COVID protocol.
Judge said he's fully vaccinated, the test results aren't in today, was offered a rapid test and refused.
She said he's able to assist in his own defense and make arguments, said the court is able to accomodate health concerns as no one is around him within six feet
She said he's able to assist in his own defense and make arguments, said the court is able to accomodate health concerns as no one is around him within six feet
Court said there is no present health and safety concerns.
"I am not going to adjourn this trial."
#DarrellBrooksTrial #WaukeshaChristmasParade
Brooks holds his objection sign. @SpectrumNews1WI
"I am not going to adjourn this trial."
#DarrellBrooksTrial #WaukeshaChristmasParade
Brooks holds his objection sign. @SpectrumNews1WI
She muted him because he started to interrupt.
"This is nothing more than a delay tactic."
"This is nothing more than a delay tactic."
Dorow now addressing a September 28 inmate communication form when the court granted the request for Brooks to represent himself.
She's explaining that the former defense attorneys dropped off three bankers boxes to the jail after hours that day and they were given to him the next morning.
Dorow said there is no doubt being in trial is exhausting, noting the long days we've had.
Said we didn't start with court until today at 1:30 not only for the cameras to be installed, but for a bit of a break.
She said this played into her decision to start later today.
Said we didn't start with court until today at 1:30 not only for the cameras to be installed, but for a bit of a break.
She said this played into her decision to start later today.
Said she's satisfied that Brooks has access to his materials.
He still has his objection sign held up
He still has his objection sign held up
She's also explaining the expectations of an objection and how it has to be done respectfully.
Now she's going into a list of what wanted to be done today.
Now she's going into a list of what wanted to be done today.
Motion for an interpreter, motion for reconsideration...among other things.
DA wants to add eight pages of 140 items of exhibit list and criminal records of state witnesses.
DA wants to add eight pages of 140 items of exhibit list and criminal records of state witnesses.
I had to take a break from following as I write my story upcoming on @SpectrumNews1WI ... we're on a break, however we have learned the court WILL show graphic exhibits but according to FCC regulation.
They will have a professional camera/mic in the second room where Brooks is.
They will have a professional camera/mic in the second room where Brooks is.
They don't know what date the spanish interpreter will be needed but it was approved.
Right now they're serving Brooks a motion that he didn't have yet, which I believe might be the exhibit list the state referenced earlier.
Right now they're serving Brooks a motion that he didn't have yet, which I believe might be the exhibit list the state referenced earlier.
We're back on the record. Judge is asking Brooks if he wants to come back into the main courtroom if he chooses.
He said he never said he wanted to be removed in the first place. She asks again, he repeats.
Asked a third time, did not answer. He will remain over there.
He said he never said he wanted to be removed in the first place. She asks again, he repeats.
Asked a third time, did not answer. He will remain over there.
The state wants the court to reconsider showing victim witnesses. Last week, the court allowed that, except for minors.
Judge will rule on that tomorrow morning. That's what she gave to Brooks today.
Judge will rule on that tomorrow morning. That's what she gave to Brooks today.
The judge isn't ruling on this yet but the state said it is asking if Brooks testifies, they will be able to ask if he has ever been convicted of a crime.
DA Opper said he has 12, including 3 in Nevada.
She will rule on this later. #DarrellBrooks @SpectrumNews1WI
DA Opper said he has 12, including 3 in Nevada.
She will rule on this later. #DarrellBrooks @SpectrumNews1WI
Now Judge Dorow is explaining to Brooks how he can use his objections, using relevance, hearsay, etc., during questioning.
She's also explaining how defense can request a sidebar, which isn't technically possible because he can't go to the bench. So jury would have to leave.
She's also explaining how defense can request a sidebar, which isn't technically possible because he can't go to the bench. So jury would have to leave.
DA asked how cross examination would proceed if Brooks is moved to the other room.
Judge said if he's moved to that other, he could forfeit his right to cross examination.
She said there's case law on this.
Judge said if he's moved to that other, he could forfeit his right to cross examination.
She said there's case law on this.
State said if Brooks is calm and not rude and disrespectful, Brooks should have the right to cross examine each witness.
Judge agrees.
Judge agrees.
Brooks: "There are so many things that I do not understand."
Judge refers him back to the waiver of right to an attorney that he "willingly, knowingly, intelligently, and from my perspective understandingly filled out."
"I do not understand."
Judge refers him back to the waiver of right to an attorney that he "willingly, knowingly, intelligently, and from my perspective understandingly filled out."
"I do not understand."
Dorow is again making it clear that the court went over everything with him when it comes to waiving his right to an attorney with that form.
(Personal Observation: Everything she does and says is deliberate to get into the record when he says "I don't understand" etc.)
(Personal Observation: Everything she does and says is deliberate to get into the record when he says "I don't understand" etc.)
"I honored your request to represent yourself, and now it's a bit disingenuous for you to say you don't know what you did."
Judge is moving on, well, trying to move on.
Brooks said "again, I do not understand. How can you tell me what I understand and don't understand?"
Judge is moving on, well, trying to move on.
Brooks said "again, I do not understand. How can you tell me what I understand and don't understand?"
Judge Dorow has muted Brooks.
"I understand the objection you're raising..." said she makes findings based on the law, and he can appeal at a later point in time and she will continue whether he claims he doesn't understand.
"I understand the objection you're raising..." said she makes findings based on the law, and he can appeal at a later point in time and she will continue whether he claims he doesn't understand.
Judge moving on. Judge wants to add an instruction to the jury instructions they will give.
Said she is adding a line ... they gave him paperwork, he tossed it off the table and put on the floor.
"I do not consent to any paperwork. I will not accept any more paperwork." - Brooks
"I do not consent to any paperwork. I will not accept any more paperwork." - Brooks
I have to step outside the courthouse to do a live report.
Tune into @SpectrumNews1WI for 5:00 and through the evening for any and all updates.
Tune into @SpectrumNews1WI for 5:00 and through the evening for any and all updates.
Just catching up.
The instruction that the judge wants to add is that if Brooks "the defendant" is appearing in another courtroom, it should not impact their verdict in any matter.
The instruction that the judge wants to add is that if Brooks "the defendant" is appearing in another courtroom, it should not impact their verdict in any matter.
Brooks wants to add his own jury instruction, and wants to be described that he's representing himself "pro per" not "pro se"
This has been his sticking point since last week, the judge said it's the same thing.
This has been his sticking point since last week, the judge said it's the same thing.
Brooks has been muted again.
Brooks is unmuted again and the judge is asking him if he has any other edits or corrections or request for inclusion related to the jury instructions.
"You still haven't answered ..."
She muted him as he didn't answer directly. "It's a non response type of answer."
"You still haven't answered ..."
She muted him as he didn't answer directly. "It's a non response type of answer."
The jury instruction packet will be approved. If he wants to add anything he can do so in writing before tomorrow.
Dept. DA Lesli Boese said there's one instruction when it comes to the bail jumping instruction verbiage.
Dept. DA Lesli Boese said there's one instruction when it comes to the bail jumping instruction verbiage.
Boese believes it should read "hit and run resulting in death OR battery" not "AND"
Dorow asks if there is any case law or support in that. Boese said no, but that the prosecutors put the bail jumping charges together "to his benefit."
Dorow asks if there is any case law or support in that. Boese said no, but that the prosecutors put the bail jumping charges together "to his benefit."
Brooks said it should be left the way it is.
He asked the judge if there is anything he can look up to better understand this.
"I can't answer that, sir. I can't explain the law to you."
"I can't answer that, sir. I can't explain the law to you."
The DA said Brooks would have access to these materials on the computer, via Wis Law, that is in the conference room Brooks has access to in the jail.
Dorow is going to print of the 65 pages of instructions for the state and Brooks for one final look over for consideration ... and discuss in the morning.
If Brooks wants to draft something, he has to submit it in writing.
If Brooks wants to draft something, he has to submit it in writing.
He has until tomorrow morning to bring it to court in written form, if not, it won't be included.
She asks if Brooks has any objections to the instructions other than the bail jumping.
He said yes. She said it has to be a legal objection.
He said "If the issue was never raised before, and there's been ample time to review the instructions, what prompted the change now?"
He said yes. She said it has to be a legal objection.
He said "If the issue was never raised before, and there's been ample time to review the instructions, what prompted the change now?"
Dorow said it's standard protocol (this is the language for the bail jumping.)
She notes his objection and approves ... parties have a chance to look it over again before tomorrow morning.
She notes his objection and approves ... parties have a chance to look it over again before tomorrow morning.
State is asking Dorow about exhibits for photos and documents if they need to make a copy that the jury can have to look at.
Dorow said she's had that in other trials and said she would approve of that.
Dorow said she's had that in other trials and said she would approve of that.
Said any electronic evidence can be shown to jurors in jury room during deliberation.
Asks if the state can put everything on a flash drive and entered into record.
She said she has no issue with that, Brooks is holding his objection sign
She said she has no issue with that, Brooks is holding his objection sign
DA asked if she'd be able to stand up and move around during opening statements. Judge said no, but is allowed to be standing, as Brooks can also stand at his table in the main room or side room.
The judge said the reason why Brooks cannot move around in the courtroom is because he's shackled. So she's making the state have that same restriction/ no podium for lawyers to stand at.
Brooks said most of the exhibits he wants to add are paperwork.
Dorow said if there's anything he wants specific, to let the state know.
Also again offered to assist Brooks in ordering subpoenas
Dorow said if there's anything he wants specific, to let the state know.
Also again offered to assist Brooks in ordering subpoenas
Judge tells the sooner Brooks can fill out the subpoena forms, the quicker they can get that information to the state, which will look at them and determine Yes/No.
Brooks said it would greatly benefit him if he knew he was filling out the forms completely. Dorow said she will review for completeness, so she will be able to help with that and go from there.
Motion for reconsideration of showing victim witnesses and the small jury instruction changes will be decided tomorrow.
We are in recess.
Tune to @SpectrumNews1WI for the latest updates. #DarrellBrooks #WaukeshaChristmasParade
We are in recess.
Tune to @SpectrumNews1WI for the latest updates. #DarrellBrooks #WaukeshaChristmasParade
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