Thread by @Andrew_Havranek

Good morning from Waukesha

It’s Day 5 of the #DarrellBrooks trial.

Deputy District Attorney Lesli Boese is asking if Judge Dorow can bring the juror that Brooks claimed gave him the finger at his initial appearance.

She wants that juror to put it on the record so Brooks can't keep raising that issue.

Dorow said there was a woman at the initial appearance who was warned by deputies, and was here in the gallery on Monday, and said she say "WITH CERTAINTY" that woman is not a juror.

Dorow doesn't think it's necessary to bring that juror up unless the state still wants.

Brooks now on the record saying that he doesn't identify as Darrell Brooks and that he is appearing as a third party representing "his client"

He said as far of the issue of the juror -- he said he was "maybe, briefly present" when the first 41 juror pool was in.

Dorow said she was able to confirm with law enforcement that the juror and the woman who gave him 'the gesture' is not the same person.

Brooks asks if there is any way he can be sure of that.

Dorow said she can pull that juror and have them say under oath that they were not here at his initial appearance.

The state is confident that this juror and the person at the initial appearance are not the same person.

They're bringing her up to testify on the record.

Juror 41 is being asked if she was at the initial appearance, and she says no.

State and Brooks don't ask the juror any follow up.

Dorow asks if Juror 41 was the juror Brooks thought might have been at his initial appearance, he said yes.

Brooks said he's still a little leery and said "I don't forget faces. I don't."

State moves a few items into evidence from testimony, including the map and the photo of Brooks' ex girlfriend.

Brooks objects on relevancy, as Erica Patterson hasn't testified yet.

Dorow said there was a proper foundation laid for all the exhibits and are relevant.

DA Susan Opper is now asking court on the record if Brooks received the medical attention yesterday for the cut on his hand and the bruise during lunch

Also said Erica Patterson WILL testify this morning.

Opper said Brooks treaded closely to opening the door on allowing the other cases in Milwaukee involving Patterson.

A pretrial ruling said those were not allowed to be part. If he asks questions that are about that, it opens the door to bring all of that into evidence.

Brooks said he got his cut cleaned and had his bruises on his arm (and now legs) looked at.

Brooks said "I'm just a little tender. Just a little sore."

Dorow is asking if Brooks understands about those other criminal acts, he said "I do not understand."

Brooks said "this whole process is very new to me." Said he's trying to stay in bounds of questions. Said he's not trying to "color outside the lines."

Dorow is going to have the clerk print that ruling about other criminal acts from Milwaukee not being admitted in this case. Explaining that his questioning of Runkel yesterday could have opened that door despite her ruling saying the other acts weren't admitted.

Dorow is explaining to Brooks that he can ask what he wants but he could open the door to that other evidence being introduced.

Brooks adds that he does not understand the nature of the charges against him, and again... she's declining to answer these requests as they've already been denied by the court.

Brooks also asks if that is a judicial determination she is making.

"Mr. Brooks, the record speaks for itself. I'm moving on."

State wants to make a record that Brooks appears again in orange jumpsuit and declined offer to wear street clothes.

Judge confirms that with Brooks, who said he is waiting on the results of the COVID test he took (he mentioned this yesterday) and prefers to not wear street clothes until that result comes back.

Brooks said he may consider changing once he gets the result.

Judge asking if he wants her to ask the bailiffs if there is any new information on his test result before the jury comes up.

He said yes.

Just a note: Brooks has not interrupted Judge Dorow yet this morning as he has every day so far. He's asking the same questions of her, declining to be identified as Darrell Brooks.

Despite that...all calm.

He tells the judge that despite him having three boxes of documents on his table he's "winging it" as he hasn't had time to look through those document.

Dorow got response from the jail, no results on his COVID test yet.

Dorow said she was also told Brooks was offered three times to have street clothes, he declined.

Brooks is now asking about that SCOTUS case Illinois v. Allen (which is the case about gagging a defendant for unruly behavior in trial)

(It's the case being used to kick Brooks to the other courtroom and appear in video)

Brooks asks if any of those cases mention being present through video/audio. Brooks said 'yes, audio.' And explains that case law to Brooks.

He wants the record to reflect that he's representing himself 'pro per' not 'pro se.'

Much of the same stuff here, but every time he speaks to the judge, it's after she's done, and he clarifies with her that he is not interrupting.

He's saying the Illinois v Allen Case does not talk about video/audio ... but said being gagged, being held in contempt...

Dorow said the SCOTUS rule allows for video/audio appearance.

Brooks said he doesn't see that. She said her decision stands.

He said he plans to appeal

Jury is coming in.

State is calling Brooks' ex girlfriend Erica Patterson to the stand.

Patterson is on the stand

Patterson said she has known Brooks since she was 15. She turned 32 today.

They have a 15 year old daughter together.

Patterson now being asked about meeting Brooks in Nevada, coming to Milwaukee, and moving to a women's shelter in Waukesha.

She's laying out the timeline of the day of the parade. She said she and Brooks were messaging and arguing. They met up at Frame Park and she got in the vehicle and were arguing.

At the top of the hill, she said he hit her and she got out of the car.

Said it was a hard open-hand hit.

"Like a backslap?" ADA Wittchow asks.

"Harder than that."

She walked down the hill and he drove after her yelling at her out the window.

Now explaining the argument in front of White Rock School with Kori Runkel, a friend from the shelter, and Brooks, where Patterson said he pushed Runkel

(Runkel was on the stand last night)

Erika Patterson is seeing this video from White Rock school … as Brooks sped off after the argument with her and Runkel.

She said she walked away from Runkel toward downtown as they also argued

Patterson said Brooks was mad Runkel and "Nick" called the cops and drove off.

Patterson now seeing the photo of her black eye, which she said she got when Brooks hit her.

Brooks on cross examination:

"First of all, good morning, and Happy Birthday."

He's asking Patterson now if she was hanging out with Runkel and drinking. "Is it fair to say you sometimes drink too much."

Objection.

"Would it be fair to say you were a little intoxicated?"

"I was not."

Patterson tells Brooks she had one Mikes Hard Lemonade

Brooks asks why Patterson would have met up with with "the alleged defendant" if they were arguing all day.

She said she didn't know.

Said she never asked to meet up, but told him where she was.

Brooks asked Patterson if she knew the rule for the women's shelter was to not be drinking, and there was a curfew.

She said she didn't drink at the shelter, and was back before curfew.

State objects.

Brooks asks if there is any drug or alcohol testing at women's shelter. She doesn't know.

He asks if using drugs/alcohol could have lost her place at the shelter, and state objects.

He just asked what they were arguing about, and Patterson said money, and that he was mad she didn't bail him out.

(Not sure if that is going to open the state up to bring up those other charges...)

Brooks is asking a lot of questions of his ex-girlfriend, who is on the stand testifying against him on her 32nd birthday.

She's getting a little agitated with him as he continues to press her

"Don't ever hit my effin friend again," she tells Brooks she remembers Kori Runkel telling him.

Brooks now asking Patterson about the dates of two incidents with Brooks, the 20th and 21st.

B: "Do you recall at any time telling law enforcement you weren't being truthful?"

"No."

Brooks is reading from a document, and asks if Patterson remembers talking to a detective and asks if she remembers what she reported.

He's reading from statement that she was "not completely forthright with all of the information because she was afraid to get others involved."

State objects and said that is not from the report the defendant is referring to.

Judge sustains and strikes the response.

Brooks said he is reading directly from report. Wittchow goes over to look.

Brooks remembers if she remembers speaking with an officer now, asking if she remembers what day -- she says Nov 21.

Said she and Mr Brooks met at Frame, there was an altercation, he hit her, she got out of the car, he followed, etc.

He again asks Patterson if she told the officer she wasn't forthright in all of the information.

She said she didn't say that.

Brooks reads from report that officer wrote she said she wasn't forthright with information. She said she doesn't recall that.

Judge Dorow tells Brooks to move on from the questioning about what alcohol she was drinking. It seems he is starting to repeat a lot of questions.

Patterson is short in her answers with him.

"I don't know what this has to do with the alleged case" Patterson says to Brooks as he continues on with his cross examination as he asks about how long they've known each other

Brooks is asking if they were in a committed relationship, talking about how they lived in the same area off and on, Patterson is visibly and verbally frustrated.

This has been going on a while.

Dorow has stopped the cross examination as Brooks has asked the same multiple questions multiple times.

State now on redirect.

Wittchow asks Patterson about the statement she gave to officers the night of the parade and the morning after.

Wittchow asked if on the 21st if she left out the physical violence. She said yes she told them about the violence on the 21 as they saw her eye.

She said she told police about violence on the 20th the next day.

She's off the stand. Brooks is shaking his head, unhappy. He wants to keep her under subpoena.

State calls Det. Steven Guth to the stand.

Det. Steven Guth. He talked with Patterson and took her in his squad car to discuss the route she and Brooks were on while in the car together as she was unfamiliar with street names

Brief direct questioning. Just outlined where he rode in his squad car with Patterson.

Brooks is on cross

Asks if he had any interaction with "the the plaintiff in this matter" and "if the plaintiff is in court today."

"Have you ever seen the plaintiff"

Objections.

Judge threatened to end cross examination as Brooks continues on this line of questioning. He moves on. Asks if Patterson ever reported domestic incident to him.

Brooks asks Guth if he ever found Patterson to be untruthful. Guth said no.

Brooks claims Guth wrote in the report that Patterson was being untruthful. Guth said he did not write that.

Asks that the information wasn't "completely forthright."

Guth said yes.

I stepped out for an update with @courtnygTv on @SpectrumNews1WI … court is on a break

We're on another break. Brooks got his COVID-19 test results back but is refusing to reveal the result. The judge said since he raised the issue, he has to disclose.

He said he didn't consent. So the bailiffs are going to get the result that is on the table with his documents.

Here's that exchange happening

On Wednesday, he wanted to adjourn the proceedings until he got his test result back.

He said he was fatigued and lost his sense of taste

We're back. Judge Dorow said there was an altercation between the deputies. Said Brooks was upset, but she needed to make a record about the test result so there is an accurate record.

Dorow said he was being very loud, yelling about his constitutional rights being violated. She advised him that if there was use of force he wanted to complain about he could through the right channels.

She plans to take an early lunch break because of his behavior.

Dorow said the test result document is staying under seal but she confirms the test is NEGATIVE for COVID-19 #DarrellBrooks

When we come back, Dorow said Brooks will be in the main courtroom, and will have the chance to change into street clothes.

It appears Brooks is crying...

Lunch break until 1 p.m.

Video coming.

Here's video of Judge Dorow explaining the actions regarding deputies getting the COVID test result form from #DarrellBrooks

He're is the rest of that video, including video of #DarrellBrooks being emotional and apparently crying @SpectrumNews1WI

I'm going to take a lunch break as well, but if you've missed anything this morning, check out my live blog on @SpectrumNews1WI

spectrumnews1.com/wi/milwaukee/n…

We’re back in session. #DarrellBrooks has his head down but is in the main courtroom

He said "I'm emotional right now."

Jury is coming in.

#DarrellBrooks is writing a note to the judge as the jury comes in

State calls Officer Jeremy Philipps of the #Waukesha PD to the stand.

Philipps was dispatched to a complaint to respond subjects fighting in Frame Park with a knife allegedly involved the day of the parade.

#DarrellBrooks is crying again, sometimes heard sniffling, while he writes notes

Philipps said he responded to the area of the boat launch in Frame Park for that fight with an alleged knife involved #DarrellBrooks

Said at this point, he was looking for anyone with a weapon, anyone who needed help, but did not see anything.

Brooks just stuffed a bunch of tissues inside his mask.

Back to the fight with the alleged knife, Erika Patterson testified that her friends told police BRooks had a knife to get police there faster, but he didn't have a knife.

Philipps said he encountered two people, who were saying their friend had been assaulted.

At the same time, a radio call came in that someone had been hit in town.

He pulled his car over, and then a 'short, black female' and two other subjects with her came over, and indicated she was assaulted by a boyfriend of some type.

Said she tried to downplay the incident, but friends said "No Erika you need to tell him what happened."

Philipps said that it was apparently she had obvious facial injuries.

Said he was attempting to investigate Patterson's claim further, the calls on the radio were 10-78 after 10-78 after 10-78

"Officer needs immediate assistance. All available units."

Said there was a clear and present danger downtown, and that he had to leave.

Philipps said his squad car camera captured this, but he was not wearing a bodycam, but an audio recording device connected to car cam

Philipps said he was sorry but had to go, but went downtown and came to E Main Street where he exited vehicle.

Jurors about to see a video from Philipps' squad car

It’s a six minute clip he’s going to describe

Here’s some of that video

He gets out of the vehicle and starts to talk with Patterson and the others. As this is happening, you can hear radio traffic saying there are people down in the street.

"Any available officers, I need you downtown." is heard on radio.

The camera cuts away as Philipps runs off to Main Street (potentially graphic video) and shows Brooks watching.

"Mass chaos, carnage everywhere," Philipps said.

Philipps said he contemplated putting injured marching band members in his squad car and taking them to the hospital, but his car isn't equipped. He also didn't want to unnecessarily move people.

One band member told him "a red SUV sped through the parade and did this."

Brooks objects and asks why the officer is looking at the jury as he answers the question. Dorow moves on.

Philipps said the three victims he spoke to were teenage band members.

Philipps said he heard from radio traffic later that a "Darrell Brooks" was taken into custody.

He later was able to speak with Patterson, identified her through police records.

Brooks objects, but is overruled.

Philipps said Patterson had been involved in other police cases outside of Waukesha.

Brooks objects on hearsay, is overruled.

Philipps said those involvements liked Patterson to Brooks, and a red SUV.

State has no further questions.

Brooks is up for cross examination.

Brooks asks if Philipps is on duty right now and if he’s getting paid for giving testimony.

'Would it be fair to say you're getting paid right now?'

"Yes, I'm getting paid."

"By whom?"

Objection.

"Were you subpoenaed by the plaintiff."

"Can you explain it in another way?"

Brooks re asks. "I was subpoenaed by the Waukesha County Prosecution's Office"

Brooks is now on his line of questions asking if he has ever seen the plaintiff (state) ... etc.

He's getting objections from the State.

Now asking why he's looking at parties not asking the questions.

Objection by the state.

Brooks moves on and asks for more commentary on what was said in the video by the three individuals (Patterson, Runkel, and Nick)

Philipps repeating his testimony of what was said between Patterson, Runkel, and him.

"Would it be fair to say you do recall the commentary of the interview?"

State objects as argumentative. Its sustained.

Commentary mischaracterizes the testimony, per judge.

Brooks: "Was any knife recovered from that scene?"

Philipps: "I did not recover a knife. I did not see any individual with a knife."

Brooks asks who reported a knife, and Philipps said he doesn't know the names of who reported the incident.

Brooks asks Philipps if Patterson was being cooperative, and Philipps said no.

Brooks asks how long the conversation was, and Philipps estimates 1.5 to 2 minutes.

Brooks now asks if Philipps was contacted by the plaintiff to testify today, and if there is a plaintiff in this matter.

Philipps said he was contacted by the prosecutor's office.

"Generally, in a criminal case, the plaintiff is the state of Wisconsin."

No further questions by Brooks.

State on re-direct, asks Philipps if he did anything to further investigate the fight he was dispatched to.

Philipps said he relayed the information about the link between Patterson and Brooks to detectives, and detectives followed up.

State is preparing to call its next witness. Brooks made an objection to evidence, but it's not in relation to the evidence the state was moving to.

Dorow said she will take it up outside the presence of the jury.

Kyle Edwards is being called to the stand.

Kyle Edwards. He lives in Pewaukee now; but lived in Waukesha. He’s been in the service for 17 years and has some medical training.

He attended parade with wife and two kids.

He's being asked about driving to the parade, and how police had been motioning for him and another car to go into the driveway of gas station. Said that other driver rolled down the window and stuck his head out.

"Why didn't you get out of the way. I'm trying to get gas!"

That driver was Darrell Brooks, driving his red SUV.

Edwards said he had dark facial hair features and longer hair at the time.

He continued on to the parade after that encounter, and went to Broadway.

DA Opper asked if Brooks was alone in the car, and Edwards said yes. Did not see any black female subjects walking in the area.

Brooks objects to hearsay, is overruled.

Edwards said the parade was going from left to right. He was a few rows back, and saw a person fly through the air as the SUV drove through during the parade.

Edwards is asked if he heard the SUV honk its horn, he said no

Then grabbed his kids and they went quickly back to their car. Wife drove kids home, and he came back to "help with the craziness"

No further questions from the state. Brooks is up for cross examination.

Brooks asks if he was interviewed by a female officer and if he gave a written statement to the officer.

Asks the date, and Edwards said it was a few days later.

Brooks ask why it wasn't the same day.

Edwards assumed that they were busy rendering aid.

Asks Edwards of if he saw anyone on the news, and he said in his statement he wanted to give a description before he saw any subject.

Brooks asky why Edwards called the non-emergency line, and Edwards said the man going down the one way street the wrong way wasn't as big an emergency.

He tells Brooks he wanted to tell police he saw a man driving a red SUV doing that right before the incident at the parade

Brooks asks about Edwards being "95% sure" the red SUV he encountered going the wrong way at the gas station was the same in the parade.

Edwards said the SUV in the parade was going so fast he didn't see the driver, but assumed there could be a small chance at the time.

Brooks keeps questioning this, asking Edwards how he could know if the person at the gas station was the one driving through the parade.

Edwards reiterates he didn't see the person behind the wheel at the parade as it went by too fast.

Brooks asks if Edwards was subpoenaed by the state, if he sees the state of WIsconsin in the courtroom today, etc.

Getting objections from prosecutors.

"Have you ever had a phone call with the state of Wisconsin?" Brooks asks Edwards

Another objection from the state, and judge warns Brooks to change topic or cross examination will end.

No further questions. No redirect.

Edwards is off the stand.

Holly Berg is on the stand. She was dropping her boyfriends daughter off with the dance company she was in for the Christmas parade

Earlier in the morning, Berg said they placed chairs and blankets across from Main Street Bar and Grill

Said she had stopped at the stoplight and saw a red SUV turn on a one-way street and was head to head with the car next to her.

Berg has annotated that on the map

Berg said she saw a lot of arm flailing in both vehicles. Said the red car driver was mad the silver car was in their way, the silver car was like "i'm not doing anything wrong."

She said she was able to see the driver of the red SUV after he rolled his window down. Berg said he appeared irritated.

She identifies the driver as Darrell Brooks.

She said 30 minutes after getting to the parade, she saw the red SUV.

She's now describing the Catholic community group had passed, and there was a gap between, and she saw a red SUV that she first thought was part of the parade.

Then it was going fast, and she saw it hit at least 15 people in the catholic group.

Berg: heard thuds and then "it was in the air" "like bowling pins" (people being hit)

"I saw a man focused on the group ahead of him."

"Is that Darrell Brooks that you saw?"

"Yes."

Said she froze and said to her mom "I just saw that guy at the gas station."

Berg: "I saw it hit the group, people fly, and chaos in the street."

At this point, her boyfriend's daughter had not been in the parade. She said her boyfriend went to help but then she said "no, go find her."

Brooks is up for cross.

Brooks asks if Berg saw brake lights, she said yes.

"Would that mean the vehicle was intending to stop?"

Berg: "Or slow."

Brooks asks if she could estimate how fast the vehicle was going, Berg estimates about 20 miles per hour.

"Would you characterize that as extremely fast?"

Berg: For the parade? Yes.

Now we're on this subpoena line of questioning, the state of Wisconsin being in the courtroom, etc.

Dorow said she sustains any objections about this, or will end cross examination.

He does it again, and Judge Dorow ends cross examination.

State has no redirect.

Jurors are taking a 15 minute afternoon break.

Dorow said Brooks sent three notes to the court.

1 in particular she wants to take up. At 1:11 he sent note saying "i'm very emotional right now, can I go to the other court."

She said she sent a note saying she would address at next break

That note was sent to Brooks at 1:20.

She asks if he's still asking to go over to the other courtroom. He said he's still very emotional, but attempting to hold it together.

Is no longer making a request, he said.

She's now asking about his objection about the video he raised earlier.

He said the interview portion that has language that she made a ruling about pertaining to a different charge.

He's getting a bit argumentative with the judge

He said there's language from Patterson in that video that could be audible talking about something in another county.

He wants that part or the whole video struck.

She asks the state, as she doesn't recall.

Judge said she is going to review it at a later point in time, and is asking the state to put it in a flash drive.

She said it was not offered as the truth to the matter asserted. Said it was provided to show what the officer was experiencing.

"Mr. Brooks, I'd appreciate that you not roll your eyes at me" - Judge Dorow.

We're on recess. He kept rolling his eyes at the judge.

We are back on the record.

Judge Dorow said Brooks has "incredible hearing" because he was right about what is heard on the cop's cruiser video.

She strikes it from the evidence because it mentions previous incidents in other counties.

Brooks motions to dismiss the case again for subject matter jurisdiction.

"Are you making a judicial determination..." - Brooks

Detective Casey is taking the stand.

Detective Tom Casey of Waukesha is on fire he stand

He was assigned as traffic control for the Christmas parade, and has for many years.

Casey said they estimate about 5,000 people watching the parade along the route that day.

(I'm stepping away from Twitter momentarily to write my update for @SpectrumNews1WI. I'll tweet when I can but will be back shortly)