Good morning from Waukesha
Darrell Brooks is appearing in his jail jumpsuit, not a suit for opening statements.
He said he does not identify by the name Darrell Brooks, and has interrupted the judge twice now. #DarrellBrooks #WaukeshaChristmasParade @SpectrumNews1WI
Darrell Brooks is appearing in his jail jumpsuit, not a suit for opening statements.
He said he does not identify by the name Darrell Brooks, and has interrupted the judge twice now. #DarrellBrooks #WaukeshaChristmasParade @SpectrumNews1WI
@SpectrumNews1WI Judge: "Mr. Brooks, you do not have the right to interrupt the court. You will have an opportunity when I give you an opportunity."
Brooks: "I don't identify by that name."
Brooks: "I don't identify by that name."
Judge: "This is day 4, and every day Mr. Brooks has interrupted....that's another interruption. Stop Talking."
Brooks continues to talk over Judge Dorow.
Brooks continues to talk over Judge Dorow.
Judge Dorow said she believes she's up to eight interruptions.
Brooks said she hasn't shown him case law that he can be removed from his trial and appear from another room.
Dorow tells him he has not followed proper procedure to raise objections and is being uncivil.
Brooks said she hasn't shown him case law that he can be removed from his trial and appear from another room.
Dorow tells him he has not followed proper procedure to raise objections and is being uncivil.
Dorow said she is giving him a little slack at the moment because the jury is not yet present.
She's telling him that there are arrangements for him to wear a suit, and explaining why those arrangements are made during trial.
She's telling him that there are arrangements for him to wear a suit, and explaining why those arrangements are made during trial.
"This court has taken a number of steps to shield from the jury that you are in custody."
There are skirts around the tables to hide his leg shackles, and his hands are not cuffed. She said she wants him to appear in "street clothes" but said it is his choice.
There are skirts around the tables to hide his leg shackles, and his hands are not cuffed. She said she wants him to appear in "street clothes" but said it is his choice.
Brooks said it is his right to do so or not do so.
"At this point, who doesn't know that I'm in custody? #DarrellBrooks
"At this point, who doesn't know that I'm in custody? #DarrellBrooks
Judge: "Are you willing to go back to your cell and be dressed in the street clothes you previously appeared in?
Brooks: "With all due respect, I don't agree with that statement."
Said he is shown on news every day and everyone knows he's in custody.
Brooks: "With all due respect, I don't agree with that statement."
Said he is shown on news every day and everyone knows he's in custody.
Judge asks again, and Brooks says "I do not consent or agree to anything you just said, your honor."
Judge said he did not answer a very direct question and the court gave multiple opportunities.
He interrupts again.
Judge said he did not answer a very direct question and the court gave multiple opportunities.
He interrupts again.
It's just a lot of talking over each other right now, but Judge Dorow said at any point, he has the right to change into street clothes, no one forced him to come in his orange jumpsuit, and the court will proceed.
Judge is removing Brooks from the main courtroom.
"I have shackles on my ankles. I don't agree or agree to..."
"I have a right to be present for trial."
Dorow is off the bench. He's being removed.
We made it 10 minutes. #DarrellBrooks
"I have shackles on my ankles. I don't agree or agree to..."
"I have a right to be present for trial."
Dorow is off the bench. He's being removed.
We made it 10 minutes. #DarrellBrooks
As a reminder while we're on recess...
Yesterday, the judge said that if Brooks behaves this way while in the side courtroom, he will forfeit his right to cross examination of witnesses. #DarrellBrooks #WaukeshaChristmasParade
Yesterday, the judge said that if Brooks behaves this way while in the side courtroom, he will forfeit his right to cross examination of witnesses. #DarrellBrooks #WaukeshaChristmasParade
Also, she has previously said he could forfeit his right to represent himself. She hasn't brought that up in a few days, but it's been said.
Here's some video of Darrell Brooks interrupting the court early this morning, objecting to the name #DarrellBrooks
@SpectrumNews1WI
@SpectrumNews1WI
#DarrellBrooks has taken his shirt off in the other courtroom. He is muted
He took his shoe off, threatened to throw it, has threatened to break items, per the judge. #DarrellBrooks @SpectrumNews1WI
@SpectrumNews1WI Here's video of Judge Dorow explaining to #DarrellBrooks that he has the right to wear his normal suit and not jail jumpsuit, more interruptions, and his removal. @SpectrumNews1WI
The judge is again making sure to make clear, on the record, every opportunity Brooks has had to not interrupt, the SCOTUS case law she's using to remove him to the other room, and how he can be present from there.
He remains muted, and shirtless. #DarrellBrooks
He remains muted, and shirtless. #DarrellBrooks
We're on another short recess.
The DA is bringing up the public’s concern of #DarrellBrooks’ competency to stand trial.
She said no one in the court has raised any concerns about his competency to stand trial.
She said no one in the court has raised any concerns about his competency to stand trial.
DA said it’s relevant now because of this morning’s events. She said he makes multiple phone calls from the jail everyday and they’re recorded. She said he knows what’s going on and is “thoroughly convinced” #DarrellBrooks is “100% competent” to stand trial
DA Opper said she is “convinced these actions are deliberate and intentional” and the court has seen this since August 25 #DarrellBrooks
Mentions when he appeared to be sleeping, asked to leave, had a toothache, the outburst, etc.
Mentions when he appeared to be sleeping, asked to leave, had a toothache, the outburst, etc.
Here's video of the Judge explaining #DarrellBrooks behavior as he was being removed, when he took his shirt and shoes off and apparently made threats. She's asked the sheriff's dept. to file a written report.
DA Opper said Brooks is trying to delay and “avoid the inevitable” and has ZERO concerns regarding #DarrellBrooks competency to proceed.
He’s still in the other courtroom shirtless and is very animated.
He’s still in the other courtroom shirtless and is very animated.
DA Opper said these are "antics" ... "These are not his inability to understand what's going on, by any stretch."
Judge Dorow said she shares those observations and would adopt DA Opper's observations as her own.
Said she has not listened to the phone calls herself, but looks forward to reviewing them if need be and asks state to file that exhibit to be part of the record.
Said she has not listened to the phone calls herself, but looks forward to reviewing them if need be and asks state to file that exhibit to be part of the record.
Dorow said the court has read through FOUR evaluations where the examiners met with Brooks to evaluate his mental status.
The behavior is no different than what was noted by them. "This behavior is more in line with someone who is defiant, deliberate..."
The behavior is no different than what was noted by them. "This behavior is more in line with someone who is defiant, deliberate..."
Dorow: "It is the sole intent of Mr. Brooks to make a mockery of this process. I'm not going to tolerate it but I believe this trial needs to continue, should continue..."
"It's important for the justice system to go forward with this proceeding."
"It's important for the justice system to go forward with this proceeding."
Dorow said we're at this stage because of Brooks' behavior.
We're moving on to the approval of the preliminary jury instructions.
Brooks did not file any thing in writing for any proposed instructions as advised to do yesterday if he wanted something to be considered.
We're moving on to the approval of the preliminary jury instructions.
Brooks did not file any thing in writing for any proposed instructions as advised to do yesterday if he wanted something to be considered.
She's unmuting Brooks asking if he has any objections to the preliminary jury instructions that were printed yesterday.
He objected and remuted him. Didn't provide any legal basis.
He objected and remuted him. Didn't provide any legal basis.
She's unmuting asking him if he has a legal basis ... they're having an issue with his mic in the other room.
We're taking another recess.
We're taking another recess.
Here's video of District Attorney Susan Opper explaining why the state has no concerns about #DarrellBrooks competency to stand trial, saying these are delay antics
Judge said the technical issue has been resolved with Brooks' microphone in the other room.
We're back on the record.
We're back on the record.
Dorow said the captain was asking for medical attention and reporting a small cut to his finger as a result of being removed from the courtroom and taken to the other room.
Dorow said there is no sign of blood and refused to show his hand. She's not breaking for medical attn.
Dorow said there is no sign of blood and refused to show his hand. She's not breaking for medical attn.
Brooks, visibly frustrated, still has his back to the camera, but has his shirt on.
Right now he is not shackled, but Dorow said after the next break, is requiring the sheriff's department will shackle him and make him sit and face forward.
Right now he is not shackled, but Dorow said after the next break, is requiring the sheriff's department will shackle him and make him sit and face forward.
Brooks is not facing the mic as judge asks him about objections. This is also making it hard to hear him.
Brooks says he can’t hear the judge well, the judge reminds him there are headphones. A deputy brings them over. He said “put them down. I don’t want them.”
He’s muted.
He’s muted.
The preliminary instructions for the jury have been approved by Judge Dorow, as Brooks did not respond to her questions.
Dorow said the affidavit Brooks filed does not require any response.
We're moving on to the motion to reconsider showing victim witnesses on camera when they take the stand. Right now it's approved, except for minors.
The DA said the stress added to the victims because of Brooks' behavior, not having them broadcast will help.
Judge asks Brooks if he has any comment for this motion.
Judge asks Brooks if he has any comment for this motion.
Brooks said this is already ruled on, and everything is supposed to be public. He said he doesn't understand why there is a need to reconsider.
"It's a public trial. It's a public trial. Any one can essentially watch the trial. They have to be sworn in by name.." - Brooks
"It's a public trial. It's a public trial. Any one can essentially watch the trial. They have to be sworn in by name.." - Brooks
Judge says she understands the stress that testimony and broadcast of testimony can have on a witness.
Dorow said this court has taken significant effort to keep victim names private, signed an order and even required Brooks to not disclose witness info.
Dorow said this court has taken significant effort to keep victim names private, signed an order and even required Brooks to not disclose witness info.
Dorow said she believes she's done everything to preserve their privacy, and does not want to create an issue that could create an appellate issue if she limits capturing/broadcasting.
"The time has now come for this trial to be conducted. This is a public trial."
"The time has now come for this trial to be conducted. This is a public trial."
"All of the names are a matter of public record. This court went through the names of witnesses during jury selection process. All the victims names were read during jury selection." - Dorow
Dorow said the cameras facilitate victims rights as well because there are a large number of victims, and that the court could not have all the victims, the public, and media, who want to be present physically in the courtroom.
"This is a case the state brought charges, and rightfully so. I understand it won't be easy, it may be messy, it may be stressful, but it's important to the integrity to these proceedings."
Dorow keeps her initial ruling, any victim witness, other than minors, will be able to be broadcast.
She ruled last week minors will be recorded from shoulders down. (No face)
She ruled last week minors will be recorded from shoulders down. (No face)
Judge asks if Brooks wants to come back. He said not until he gets medical attention.
He said they didn't see blood because he wiped it on his shirt, but wants it cleaned and bandaged, and said he wants someone to look at the bruise (all alleged injuries from his removal)
He said they didn't see blood because he wiped it on his shirt, but wants it cleaned and bandaged, and said he wants someone to look at the bruise (all alleged injuries from his removal)
Judge said she denies a request for a recess, Brooks said he's not asking for one.
Dorow mutes him. Said she was advised about the cut, said the bruise is new information.
"A small cut and a bruise is not going to hold up bringing the jurors in for instruction."
Dorow mutes him. Said she was advised about the cut, said the bruise is new information.
"A small cut and a bruise is not going to hold up bringing the jurors in for instruction."
DA Opper is asking the court to give Brooks the opportunity to change into his suit.
Brooks said his position has not change out of his orange jumpsuit.
He's been muted again.
Brooks said his position has not change out of his orange jumpsuit.
He's been muted again.
Taking a short recess to bring the jurors in.
Dorow tells Brooks that she is going to read the instructions, and if he lifts his objection sign, she's not going to stop, as he's had the chance to object to these instructions.
If he has one during opening statements, he must write it down in addition to raising his card and she will rule after the opening statements are finished.
He must write down the legal basis.
He just threw his objection card across the room.
He must write down the legal basis.
He just threw his objection card across the room.
Jurors are in the room and we are starting with jury instructions.
So far, just the typical jury instructions about no phones/no communications about the trial...no speaking with parties or witnesses...nothing heard outside of the courtroom is evidence ... etc. #DarrellBrooks
I'm getting ready to do an update with @courtnygTv on @SpectrumNews1WI
Be sure to tune in throughout the day.
Be sure to tune in throughout the day.
Jury instructions are 68 pages.
The judge explains that Brooks representing himself, being in another courtroom, etc., cannot influence their potential verdict.
The judge explains that Brooks representing himself, being in another courtroom, etc., cannot influence their potential verdict.
Right now, Judge Dorow is explaining all of the charges Brooks faces. Currently on charge 34.
There are 76 charges.
There are 76 charges.
Brooks had his objection card in his pants. #DarrellBrooks #WaukeshaChristmasParade @SpectrumNews1WI
(MInd you, the jury can see him. He's just muted)
Now she's explaining, on each count, the rules the jury has to follow and what question they have to answer yes/no to find Brooks guilty/not guilty. #BrooksTrial #DarrellBrooks
It is 11:54, and Judge Dorow said she wants to break for the jurors to have lunch.
She still has a lot of jury instruction to read, said lunch is at least an hour for jurors, might be more, as the parties have somethings to address outside of the jury before they break for lunch
She still has a lot of jury instruction to read, said lunch is at least an hour for jurors, might be more, as the parties have somethings to address outside of the jury before they break for lunch
Dorow is asking Brooks about the objections he was raising his sign for. 10:37 he received a note saying "I do not consent to that name. That is not me."
She noted objection, but takes no further action.
10:48 -- are you going to acknowledge my objection?
She noted objection, but takes no further action.
10:48 -- are you going to acknowledge my objection?
Asks if she is going to cite the law for intent. "How do I know what the law actually is?"
Judge explains, again, the court cannot give him legal advice.
He's holding his objection sign.
Judge explains, again, the court cannot give him legal advice.
He's holding his objection sign.
Dorow notes his objection.
We are breaking until 1:00 for lunch.
DA Opper wants Judge Dorow to address that Brooks will get medical attention for his hand during the break, and is allowed to change into street clothes.
Opper said he does not appear to be in any pain.
DA Opper wants Judge Dorow to address that Brooks will get medical attention for his hand during the break, and is allowed to change into street clothes.
Opper said he does not appear to be in any pain.
We are in recess.
Before we come back from lunch …
This is the affidavit Brooks filed this morning. Brooks calls himself an “alleged defendant” and goes more into the whole claim that he doesn’t identify as Darrell Brooks.
This is the affidavit Brooks filed this morning. Brooks calls himself an “alleged defendant” and goes more into the whole claim that he doesn’t identify as Darrell Brooks.
”Darrell Edward Brooks Jr. Is the authorized representative for the defendant and that the named defendant in this matter is DARRELL E. BROOKS and are witnesses for the defendant and the plaintiff in regards to this fact.”
“The defendant DARRELL E. BROOKS; is an entity without THE STATE OF WISCONSIN; and is without a legal personality attached attached to its name and has no standing nor interest within this matter before the court.”
“The plaintiff appears to be fictitious,, an entity without an affirmed injury in fact before this court…”
This affidavit is in Brooks' own handwriting, which the DA called immaculate this morning when discussing his competency to stand trial.
We're back on the record. Judge wants to reserve all of the benches behind the prosecution for victims, no longer for media or public. Said there is enough room on the defense side for media/public.
(Media is in the workroom downstairs anyway)
(Media is in the workroom downstairs anyway)
Judge offering Brooks the chance to come back into the main courtroom.
He is still in his orange jumpsuit.
Brooks is working with his headphones in the other room. Waiting for an answer to whether or not he wants to come back.
He is still in his orange jumpsuit.
Brooks is working with his headphones in the other room. Waiting for an answer to whether or not he wants to come back.
She offers him the opportunity to come back.
He said yes. That's the first time he has answered yes to that question.
On recess to bring him in.
He said yes. That's the first time he has answered yes to that question.
On recess to bring him in.
When we get back on the record, and when the jury is back, Judge Dorow has to finish reading the rest of the 76 charges against Brooks to the jury. We got through a little more than 30 before lunch.
Brooks held his objection sign much of the time this was happening.
Brooks held his objection sign much of the time this was happening.
It's worth noting that Judge Dorow has told Brooks if he interrupts she may admonish him in front of the jury, and she will likely not give him as much lee way as she does when the jury isn't present.
We're back on the record. Brooks is back in the main courtroom.
Judge is telling him again that the right to be in there could be lost.
Judge is encouraging Brooks to not verbally object, but to write it down while she reads instructions or she will view it as an interruption.
He didn’t object to any of those instructions when given the opportunity overnight in writing.
He didn’t object to any of those instructions when given the opportunity overnight in writing.
He wants filings to be put into evidence, but judge tells him we're not at that phase in the proceedings.
"Please do not disrupt as the jury comes in" and while she finishes instructions, Judge Dorow said to Brooks.
She is 44 pages into 68 instructions. Wants to finish, take a break, then come back with opening statements.
State will go first, and then Brooks has the opportunity.
She is 44 pages into 68 instructions. Wants to finish, take a break, then come back with opening statements.
State will go first, and then Brooks has the opportunity.
He just asked to, voluntarily, go back to the other courtroom.
She's reminding him that she will admonish him in front of the jury, he continues to interrupt. "I don't understand the nature and cause of the charges." - Brooks
He's continually interrupting the judge.
"If you have an objection, write it down."
"What is the purpose of me being present if I'm not able to ask questions I don't understand. I'm not asking legal advice."
Judge: These are not issues I will address in this juncture.
"If you have an objection, write it down."
"What is the purpose of me being present if I'm not able to ask questions I don't understand. I'm not asking legal advice."
Judge: These are not issues I will address in this juncture.
Judge is telling Brooks we are continuing with the reading of jury instructions, and the jurors are coming in.
Brooks was not removed and accuses her of judicial misconduct. He's still speaking as the jurors are making their way to the room.
"You're rushing me to judgement"
Brooks was not removed and accuses her of judicial misconduct. He's still speaking as the jurors are making their way to the room.
"You're rushing me to judgement"
"I do not understand the nature of the charges against me. I'm not attempting, purposely, to be disruptive, disrespectful, in any manner." - Brooks
Brooks said the judge should know that he doesn't understand what's going on. "It's not to be disrespectful."
Dorow: "Do you understand when I tell you to not interrupt me?"
Brooks: "No I do not."
D: "Please sit down. The jury is coming in. Mr. Brooks. Stop talking."
Dorow: "Do you understand when I tell you to not interrupt me?"
Brooks: "No I do not."
D: "Please sit down. The jury is coming in. Mr. Brooks. Stop talking."
Dorow: "Mr. Brooks, stop talking. It's not appropriate at this point in time."
Tells him the issues he's raising she's already discussed.
The jury is in the courtroom.
Tells him the issues he's raising she's already discussed.
The jury is in the courtroom.
She tells him he can stand but he needs to be quiet. Warns him again if he interrupts he runs the risk of being taken next door.
"Mr. Brooks...FINAL WARNING"
"Mr. Brooks...FINAL WARNING"
Judge Dorow is starting to continue reading instructions. Brooks has stopped talking for the moment.
A silent Darrell Brooks as the judge continues jury instruction
The judge is now on count 61, but got distracted by a piece of paper placed on her desk. She got worried she skipped a few numbers but doesn't appear that she did.
Judge is now explaining the fatal hit and run charges against Brooks to the jury, one charge for each victim who died.
Closing in on the last few charges here for jury instruction.
Closing in on the last few charges here for jury instruction.
NOW: Judge Dorow is now explaining that opening statements are not evidence and that they'll soon begin.
She's telling the jurors they're excused for a short comfort break.
#DarrellBrooks #WaukeshaChristmasParade @SpectrumNews1WI
She's telling the jurors they're excused for a short comfort break.
#DarrellBrooks #WaukeshaChristmasParade @SpectrumNews1WI
Of note, Brooks has been silent, and in the same courtroom, for about an hour now. Has been standing the whole time.
Brooks did have notes sent to the judge during the reading of instructions. She's having them copied for the state.
Brooks said one of the jurors he recognizes one of the jurors, said that she flipped him off during his initial appearance going in and going out.
Dorow said Brooks had the opportunity to question jurors and to strike them.
Dorow said Brooks had the opportunity to question jurors and to strike them.
He said if he could have seen the jurors he would have (he couldn't see jurors in the other room)
Dorow is going to have the citizen bailiff ask that juror about this, if she was in attendance at his initial appearance.
Dorow will advise Brooks.
Dorow is going to have the citizen bailiff ask that juror about this, if she was in attendance at his initial appearance.
Dorow will advise Brooks.
Said it was the juror in the 2nd row, chair closest to the television against the wall.
Dorow is "respectfully declining" to respond to the filings by Brooks.
He motions for "finding of fact"
That is denied. She's going through more of his notes one by one.
He motions for "finding of fact"
That is denied. She's going through more of his notes one by one.
Paper filed at 1:52 p.m., Brooks asked if Dorow was finding a judicial determination he didn't have a 1st amendment right to speak in the courtroom.
She explains they have courtesy and decorum rules in the courtroom.
She explains they have courtesy and decorum rules in the courtroom.
"Do they fall under the first amendment?" Brooks asks.
She explains he can file a motion, but it has to be based in law.
"You do not have a right to disrupt the proceedings."
She explains he can file a motion, but it has to be based in law.
"You do not have a right to disrupt the proceedings."
B: "You're right. I don't understand. I was following the rules that you said.."
D: "Mr. Brooks, stop talking."
Dorow asks for him to stop interrupting and to let her speak.
D: "Mr. Brooks, stop talking."
Dorow asks for him to stop interrupting and to let her speak.
Brooks is saying his first amendment right to freedom of speech and to be heard in the courtroom isn't being followed.
Said Dorow is not being fair and impartial.
Said Dorow is not being fair and impartial.
"I consented to represent myself pro per" Brooks said when Dorow said he willingly waived his right to an attorney.
Dorow said we're not relitigating that right now and won't engage with this dialogue.
Dorow said we're not relitigating that right now and won't engage with this dialogue.
Dorow says if he continues to interrupt he waives his right to be in this courtroom
She’s giving final warning
She’s giving final warning
Brooks accuses Dorow of twisting his rights, and she explains that his 1st Amendment rights do not mean he gets to say whatever he wants in front of the jury.
A lot of talking over each other right now.
Brooks is being kicked out to the other room
"I do not consent." - Brooks
A lot of talking over each other right now.
Brooks is being kicked out to the other room
"I do not consent." - Brooks
And we're on recess. Dorow is off the bench.
We're back on the record. Brooks is in the other courtroom.
Dorow is making the record as to why Brooks was moved to the other room, as she does every time he's moved.
He continues to interrupt while unmuted, so he is muted. He said he disrupts her thought process when he interrupts like that, which she feels is deliberate.
Dorow said having him in the other courtroom allows the court to control his behavior. Brooks raised his objection card.
DA Opper said Brooks' #SovereignCitizen defense has no validity in law ...and finds case law to back her claim up.
Dorow said Brooks has a right to present his defense, but his rights must comport with the law, which she has pointed out.
Said she doesn't know how to address Brooks when he says "Are you making a judicial determination?"
(She's going through his notes given to her)
Said she doesn't know how to address Brooks when he says "Are you making a judicial determination?"
(She's going through his notes given to her)
He also wanted Dorow to explain the jurisdiction that the court has
Dorow said these are arguments made by 'sovereigns' that have been debunked.
Dorow said these are arguments made by 'sovereigns' that have been debunked.
Dorow said she knows that he objects to how she says his name and how it's written on the documents.
She said the court will go by name referenced on the charging documents.
She said the court will go by name referenced on the charging documents.
She said she sometimes mispronounces his first name. Said his own attorneys have said "DARE-ill" and she didn't know he pronounced as "duh-RELL" until she listened to an interview with him, so she asked if it was "duh-RELL" and he answered in the affirmative.
(She has, at times, slipped back to "DARE-ill" today, which is how most of us have been reporting it as well)
In regards to the juror Brooks said flipped him off during his initial appearance last year, the citizen bailiff asked.
Judge Dorow said that juror confirmed she has NOT attended any of his hearings prior to this jury duty.
Judge Dorow said that juror confirmed she has NOT attended any of his hearings prior to this jury duty.
Dorow is asking Brooks if he wants to come back. He asks why come back if he's going to have to be removed again as soon as he asks a question and why anytime he has something to say it gets labeled as disruptive.
Brooks said he's going to ask ?s because that's the only way he has clarity. Said she refuses to answer his questions but he has to answer hers.
"i'm asking to simply have clarification so I can understand."
Said he can't put on an adequate defense if he doesn't understand.
"i'm asking to simply have clarification so I can understand."
Said he can't put on an adequate defense if he doesn't understand.
She muted him as she explains she's not obligated to answer questions about procedure or the law.
Dorow gave him two opportunities on whether or not he wants to come back, and said he did not directly answer the question, which, to her, means he's not willing to follow the rules of civility.
#BREAKING: Jurors are coming in and state can begin opening statement.
#DarrellBrooks #WaukeshaChristmasParade @SpectrumNews1WI
#DarrellBrooks #WaukeshaChristmasParade @SpectrumNews1WI
Asst. DA Zach Wittchow is about to begin the state’s opening statement in the #DarrellBrooksTrial @SpectrumNews1WI
@SpectrumNews1WI Wittchow explaining how the parade in November started, "There was a true sense of joy in the air. Darrell Brooks killed that joy. Replaced it with terror, trauma, and death."
Wittchow explaining how the evidence will show that Brooks was leaving a domestic situation and hit the gas in his Ford Escape and used it as a battering ram "over and over again" striking men, women, and kids.
"In the end he killed six people." - Wittchow.
Said he is going to set the scene with a detective.
Shows the jury a map of the parade route.
Said he is going to set the scene with a detective.
Shows the jury a map of the parade route.
Map of parade route.
Each little badge shield on the intersection shows where police were stationed, each red line show a barricade, per Wittchow
He said once that is established, we will hear from Erica Patterson, Brooks' ex girlfriend.
Wittchow said Brooks argued with her and punched her in the face. Jury now seeing a picture of Patterson with a swollen eye.
Wittchow said Brooks argued with her and punched her in the face. Jury now seeing a picture of Patterson with a swollen eye.
Here is the photo
Wittchow continuing to lay out the timeline of events, and how one of Patterson's friends came across her and how they got into an altercation with Brooks, which was captured on security camera
Wittchow - "The evidence is going to show the defendant knew once things got loud...the police were going to show up. So he took the coward's way out."
Said to jury they're going to see him pull out in his SUV toward main street.
Said to jury they're going to see him pull out in his SUV toward main street.
Wittchow said Det. Casey will testify. He is the first one to come into contact with Brooks to try to stop him "Face to windshield"
"He got so close, he got such a good look at the defendant's face" that he can say it was Darrell Brooks driving.
"He got so close, he got such a good look at the defendant's face" that he can say it was Darrell Brooks driving.
Explains to jury how other officers put themselves at risk and get in front of the vehicle to stop it, and they couldn't do it.
Going to hear from Fire Department in charge that day to talk about the massive response needed to respond that day, the mutual aid that was called for, how Waukesha Memorial Hospital quickly reached capacity and people had to be diverted to other facilities.
"I'll tell you right now, you're not going to hear from all of them" Wittchow said to the jury about all of the victims of the day. Said it is not necessary, and they are working to avoid duplicate evidence and the hardship on the victims.
First victim is Nicole White. She will testify. She is the first person struck that day by Brooks, Wittchow said.
"She's going to tell you she was marching with friends and coworkers when she was hit from behind. You're going to see video of that."
"She's going to tell you she was marching with friends and coworkers when she was hit from behind. You're going to see video of that."
Said White represents the point in time when Brooks was legally required to stop driving. That was Brooks' duty, and he didn't stop, he sped up, per Wittchow.
"As his body count increased, so did his motive to get away." Wittchow said of Brooks.
WIttchow said the state will not get into medical records, extent of injuries because that is not something that is necessary, per the charges. "We're just going to prove to you their safety was in danger."
After White, the jurors will hear evidence about the Waukesha South High School Marching Band, hearing from the band director.
She will identify the 10 kids hit, and the video will "be clear as day."
She will identify the 10 kids hit, and the video will "be clear as day."
WIttchow said there will be testimony from another family, a mom and daughter, dressed up like "Whos" from "Whoville" (Dr. Seuss)
Wittchow continues on and said another point of testimony will be the Waukesha Blazers.
That is the baseball team that Jackson Sparks was on.
By that point, Brooks has run over or hit 15 people, Wittchow said.
Wittchow said Brooks was speeding up.
That is the baseball team that Jackson Sparks was on.
By that point, Brooks has run over or hit 15 people, Wittchow said.
Wittchow said Brooks was speeding up.
Wittchow said Brooks was travelling in excess of 33 miles per hour.
There were 5 victims in the Blazers, including Jackson Sparks, 8, who died two days later in the hospital.
There were 5 victims in the Blazers, including Jackson Sparks, 8, who died two days later in the hospital.
(Brooks was rubbing his nose between his eyes as they put a picture of Sparks on the screen)
Wittchow said Brooks can sit there silently and that's his right, and if the state doesn't prove beyond a reasonable doubt, they have to find him not guilty.
But if he does put on a defense, he will say he didn't mean to kill anyone.
But if he does put on a defense, he will say he didn't mean to kill anyone.
Wittchow continuing to go through the victims, including 15 members of the Xtreme Dance Team. Girls in that dance group suffered "catastrophic injuries."
Jane Kulich was is the "only count of homicide where there is no clear video" Wittchow said. So instead, he said jurors will hear evidence to observe what happened.
Wittchow continues to the next point, the Dancing Grannies. 7 people were struck, four died. “Deadliest point.”
Wittchow showing pictures of each Dancing Grannies member who died.
Here’s Brooks’s current posture, hands together in front of his face.
Here’s Brooks’s current posture, hands together in front of his face.
Wittchow explaining that these cause of deaths for the Dancing Grannies were multiple blunt force trauma.
Eighth and final group was Catholic based group. Wittchow said there is not great video "but perhaps that's for the best" saying there were 19 victims in that group.
Said you can see taillights of Brooks vehicle swerving and bouncing. "There are no speed bumps."
Said you can see taillights of Brooks vehicle swerving and bouncing. "There are no speed bumps."
Next phase of evidence is manhunt, how police found, took him into custody, and the statements he made after being taken into custody, per Wittchow.
Explaining to jurors that they will hear from another officer from Wauwatosa who wasn't working that day but was there. Said he will describe what he saw, commotion, red SUV with front end damage coming to a rest on Maple Ave.
Said video will be shown of Brooks pulling in
Said video will be shown of Brooks pulling in
Wittchow: Next part is Brooks coming in to the frame and running out of the area. Saying that he was in such a rush when he ditched his SUV he was asking people to use phones.
Said Daniel Ryder opened his home to defendant as Brooks knocked and said he needed a phone and was cold. Made him a sandwich, gave him phone. Minutes later, Wittchow said, police arrive.
Jurors will see body cam video of the arrest.
Jurors will see body cam video of the arrest.
Wittchow said in his pocket they find a key to the SUV.
Wittchow said Brooks was "lucid, aware, intelligent, probing for information"
Explaining the expert witnesses jurors will hear from. Including someone who completed a mechanical inspection that will help jurors "put to bed" any idea that there were mechanical problems preventing him from stopping.
State will close with an experience. The jurors will go to a secure location and "See murder weapon with their own eyes."
They'll be able to see the SUV used.
They'll be able to see the SUV used.
State now explaining that they have evidence that shows he was bail jumping, that he was not allowed to commit another crime, and that provision was in place the day of the parade.
Wittchow said as they go through videos with jury, they keep track with the exhibit numbers so when they're deliberating, they can ask for them.
Wittchow is wrapping up with a thank you to the jurors. "A group of citizens randomly selected come in and make the final decision of guilty or not guilty. That's unique. That's special."
"We're going to be efficient, but we have a lot to get through. A lot." - Wittchow.
State opening statement is done.
Brooks has an opportunity now. Dorow is asking
Brooks has an opportunity now. Dorow is asking
#BREAKING: Brooks is deferring his opening statement until the defense part of his case.
Short break to talk logistics with parties.
Short break to talk logistics with parties.
Judge is going to ask if state wants to call first witness.
First witness from state should take 10-15 minutes on direct. That witness has to leave for daughter's college visit
State also wants to do a 2nd witness, Wittchow said it wouldn't b as short, but has traveled here from Janesville.
State also wants to do a 2nd witness, Wittchow said it wouldn't b as short, but has traveled here from Janesville.
Brooks said he's taken aback by not knowing how many witnesses are expected to testify.
Dorow said he's been given lists already.
Dorow said he's been given lists already.
She's asking if he wants to come back in the room if he promises to follow the rules of decorum.
Dorow is asking if Brooks is willing to conduct himself appropriately during witness questioning.
He keeps saying "I have."
He keeps saying "I have."
Brooks will remain in the other courtroom, unmuted for now.
State's first witness is under oath.
Sgt. David Wanner with the Waukesha PD. Has been on the force for 18 years.
Sgt. David Wanner with the Waukesha PD. Has been on the force for 18 years.
Sgt. Wanner is on the stand.
Wanner explaining use of law enforcement for the parade, that he said has been held every year he's been on the force.
Discussing the reserve officers now.
Discussing the reserve officers now.
I have to duck away to write an update starting at 5 on @SpectrumNews1WI -- I will update as I can.
Sgt. Wanner now explaining the route of the parade, explaining how he and officers knew barricades were in place, no holes, and a final security sweep were complete.
State asks Wanner to estimate how many spectators were in attendance.
Brooks objects, (he's done so a few times, all overruled)
Wanner said thousands.
Brooks objects, (he's done so a few times, all overruled)
Wanner said thousands.
Brooks objects to hearsay because he said Wanner doesn't know where spectators would be as he didn't stay at the parade route, that's overruled.
Wanner said he talked with the parade organizer, and that they were ready to begin ... and that was around 4 p.m.
Wanner said he talked with the parade organizer, and that they were ready to begin ... and that was around 4 p.m.
Wanner said at the point he observed the red SUV, he was driving in excess of 40 miles per hour, and the speed limit through the route is 25 mph
Brooks keeps objecting, and getting overruled.
Brooks keeps objecting, and getting overruled.
Wanner said the SUV entered the parade route, saying as he was waving his hands over head, he was six feet from the SUV.
As it passed, he could see the driver in a dazed, straight focused straight ahead, not looking at anyone. "There was absolutely no response" to slow down.
As it passed, he could see the driver in a dazed, straight focused straight ahead, not looking at anyone. "There was absolutely no response" to slow down.
Wanner is asked if the drive slowed down at all, Brooks objects for hearsay. That's overruled.
Wanner said the SUV continued into the parade route at a high rate of speed. He then got on the radio and alerted other police to a red SUV that blew by him.
Wanner said the SUV continued into the parade route at a high rate of speed. He then got on the radio and alerted other police to a red SUV that blew by him.
Wanner, emotional on the stand, said it was the most terrifying thing he ever heard as he heard people getting hit.
Prosecutors show video for the first time during Sgt. Wanner's testimony. He says it matches his description of a red SUV on White Rock Ave. near the start of the Waukesha Christmas Parade route.
Brooks objects to the video's admission - he's once again overruled.
Brooks objects to the video's admission - he's once again overruled.
Prosecutors wrap up their questions to Wanner. Darrell Brooks begins his first cross-examination.
Brooks asks a series of questions whether Sgt. Wanner knows "the plaintiff," aka the State of Wisconsin. Prosecutors objected to each question - all were sustained by the judge.
Sgt. David Wanner leaves the stand. Next witness is Kori Runkel. She says she was with Erica Patterson, the mother of Brooks' child, the afternoon of the 2021 Waukesha Christmas Parade.
Runkel said after she and Patterson split up in the afternoon, Patterson told her Brooks beat her up during an argument.
We're seeing the video now
Brooks is being ordered to unmasked so Runkel can identify him.
Brooks unmasked for identification purposes. He is back in his mask now.
Runkel explains in the last bit of video we saw is when she ran after Erica, who tried to jump into the car with Brooks. She said she caught up to her, and they ended up going at it.
Asked if she/Brooks/Erica were yelling, she said yeah, and Erica was telling her to stop
Asked if she/Brooks/Erica were yelling, she said yeah, and Erica was telling her to stop
State ends direct examination.
Brooks said "I sure do" when the judge asks if he has questions.
Brooks said "I sure do" when the judge asks if he has questions.
He asks when she met Erica, and she said it was between October/November of last year.
Brooks asks if she had ever seen Erica's boyfriend (him) before the day of parade, she confirms.
"You just testified you can identify who was driving the vehicle, but you'd never seen the driver before that day. How would you know who it was?"
State objects, Brooks to rephrase
"You just testified you can identify who was driving the vehicle, but you'd never seen the driver before that day. How would you know who it was?"
State objects, Brooks to rephrase
He asked to see the first couple of seconds of the video that was played.
"You just testified as soon as you testified, when you saw the vehicle come in, 'oh, there's his car?"
"I was told that she was going to meet up with Darrell Brooks"
"You just testified as soon as you testified, when you saw the vehicle come in, 'oh, there's his car?"
"I was told that she was going to meet up with Darrell Brooks"
He asks how she would know that was his car, and she said she was told. He keeps asking how she'd be able to identify on the first day they ever saw each other.
Judge asks if Brooks is trying to ask who was driving the SUV when he first saw it on that day?
Runkel said yes, because that's what Erica told her.
"Erica told you the vehicle, and how the vehicle would look?"
Runkel said yes, because that's what Erica told her.
"Erica told you the vehicle, and how the vehicle would look?"
Runkel now clarifies that she didn't know on personal observation who was driving. It was based on what she was told.
Brooks asks if the alleged defendant (him) is the same person she saw that day.
Runkel says yes.
Runkel says yes.
Brooks asks what they were doing, Runkel said drinking, and Brooks if alcohol could have affected what she saw.
State objects, and Dorow asks to rephrase.
Asks how much Runkel was drinking. She said "half a pint" of vodka. Said Erica was also drinking
State objects, and Dorow asks to rephrase.
Asks how much Runkel was drinking. She said "half a pint" of vodka. Said Erica was also drinking
Brooks asks if Runkel heard the driver make any threats being made or yelled toward Erica. "Would that be fair to say?"
Runkel says possibly.
Brooks: "I have your statement. You did not mention any threats being yelled or made toward Erica."
R: I did mention some.
Runkel says possibly.
Brooks: "I have your statement. You did not mention any threats being yelled or made toward Erica."
R: I did mention some.
R: "You were yelling at her, that you were going to kill her, and to get in the car?"
B: Would you like me to read your statement to you?
State objects so they can pull up the statement for Runkel to review.
B: Would you like me to read your statement to you?
State objects so they can pull up the statement for Runkel to review.
Brooks wants to come back into the main room. We're on a recess.
The statement Brooks wants to ask Runkel about was a summary written by an officer when she filed a police report.
Brooks wants to verify that this is the right process. He said this makes it problematic that it's a summary of what she said.
(He's back in the courtroom)
Brooks wants to verify that this is the right process. He said this makes it problematic that it's a summary of what she said.
(He's back in the courtroom)
Jury being brought back in.
Brooks is asking if Runkel remembers what she said she heard Brooks yelling.
R said she remembers Brooks yelling, telling Erica she was going to kill her, and to get in the car.
R said she remembers Brooks yelling, telling Erica she was going to kill her, and to get in the car.
Brooks asks what she knew about him before the day of the parade, the judge asks if he's sure he wants to ask that based on pre-trial rulings (other cases that aren't allowed to be brought up. If he continued, it would've been fair game)
Brooks: "Did Erica ever say Brooks was her boyfriend?"
Runkel: "She said Brooks was her ex."
Runkel: "She said Brooks was her ex."
Brooks continues with some questions, and then ADA Wittchow objects, saying his questions are argumentative.
Dorow is reminding he can ask leading questions, but has to be specific.
Dorow is reminding he can ask leading questions, but has to be specific.
Runkel from the stand asked Brooks "What's a girl to you?" and the judge sort of interrupted reminded Runkel she can't ask questions.
This cross examination is still going on. Brooks asked Runkel if he knows the plaintiff (The State) ... State objects.
No further questions from Brooks.
No further questions from Brooks.
"F*ck you. F*ck b*tches" is what the state just asked Runkel is she heard Brooks said, and she identified him as the man seated in the room in orange.
She's off the stand.
Judge is giving the final rules of the day for jury before dismissal.
She's off the stand.
Judge is giving the final rules of the day for jury before dismissal.
We will return at 8:30 a.m.
A lot to break down. That's the benefit of working for a 24 hour news network! Full update coming up starting at 8 p.m. on @SpectrumNews1WI
@SpectrumNews1WI Prosecutors gave their opening statement, and called the first two witnesses to the stand Thursday in the #DarrellBrooks trial.
DAY FOUR RECAP: spectrumnews1.com/wi/milwaukee/n…
DAY FOUR RECAP: spectrumnews1.com/wi/milwaukee/n…
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