Prosecutors rested their case in the Darrell Brooks trial Thursday after calling 57 witnesses over two weeks. Brooks is charged in the November 2021 Waukesha Christmas parade attack. On Thursday afternoon, Brooks cried as he delivered his deferred opening statement before calling two witnesses.
to testify over the two weeks of the presentation of prosecutors' case-in-chief.
Brooks noted he was "pretty aware that subject matter jurisdiction wouldn't be part of my opening or closing statement.""Even though it hasn't been proven on the record, and it should be addressed," said Brooks. Judge Dorow referred to statutes stating the amendment of a complaint may be allowed if such amendment is not prejudicial to the defendant, when it doesn't change the criminal charge and when the offense/results are the same. Dorow granted the state's request.
Casey initially testified that Brooks hit him with the red SUV before the parade attack, and he tried to stop the vehicle. He was on scene after the parade attack and later became lead detective. "He was asked to be excused, so essentially, having him start off and then end it, I feel like, is an attempt to get questions that was maybe forgotten to be asked answered," said Brooks. "What more could be gained by a second testimony from Casey? What more could we gain that hasn't already been learned? We've learned about vehicle ID through numerous witnesses...inspection of the vehicle...DNA analysis of the vehicle.
Brooks asked if he would be able to re-cross-examine Casey, and the judge said he would. Brooks followed up by asking whether anything would be off-limits during cross. Dorow said that would be a possibility depending on whether Brooks' questions dealt with what Casey testified to previously. Dorow noted statute states that a witness may be cross-examined on any issue in the caseDorow said she would give Brooks "leeway" in his cross of Casey.
Some of the videos captured the license plate of the red SUV involved in this case. Casey testified police also found a video on social media where Brooks was recorded next to the SUV with matching plates. Brooks had his back to the camera in that video. Brooks asked Casey if the detective interviewed his child and if he had "heard the term double jeopardy." The prosecution objected. Casey continued to testify about what he saw at the scene.
Brooks became frustrated with the state's objections during his cross-examination of Casey, and the judge sent the jury out around 11:10 a.m. for a legal discussion. Dorow asked Brooks if he was familiar with the video, and Brooks asked what that had to "do with it." The judge noted it was a music video that Brooks was in, along with the red SUV.
"You directly attacked the credibility of Detective Casey through his knowledge of it and his identification of you in it because the still image of you in it was your back," said Dorow.Opper gets emotional"He challenges the court's authority repeatedly," said Opper. "This court absolutely has the ability to tell him to sit down and be quiet. You haven't done that, and we know why you haven't done that. We respect that.
"His voice and his manner of speech would help the jury identify..." said Opper. "You smartly asked me to play it without the audio. This is all to the benefit of this defendant. He doesn't like it because the evidence is stacking up and stacking up. Whenever it does, his response is to accuse you and the prosecutors of being unethical."
Brooks interrupted the judge repeatedly during that statement, accusing her of also "pushing my buttons" and making inaccurate claims."What you mean, 'Stop talking?’" Brooks argued. "Let's talk to each other like adults then because I've never told you to stop talking." "This court takes your position on legal argument," Dorow said as Brooks interrupted. "You make disparaging remarks, roll your eyes. Just previous to the break I couldn't get a word in. You wanted to debate decisions already ruled on."
Before the lunch break, the judge addressed Brooks' decision to testify, noting that it could impact his opening statement. The judge informed Brooks that he had a constitutional right to testify or not to testify, and it was entirely his decision. "Lot of speculation, lot of ridicule," said Brooks, wiping tears from his eyes. "Words like ‘demon.’ Words like ‘monster'…I know a lot of the time I've been before you, you've seen me with this mask on. I've had my reasons for that, but I feel now is the time that it's important that you see me for who I am. No mask. For who I am. I think this is the moment for that.
"She showed me your rap sheet…" said Kirby of Patterson, whom Kirby said he had known for a couple weeks.Brooks asked about Kirby's meeting up with Patterson Nov. 21, 2021. Brooks had an old exhibit pulled up, a video recorded near White Rock School, and asked Kirby if he saw anyone get into a red SUV seen in the video. Kirby said "no.""That's what caught my attention," he said.
Kirby said he was on the phone with Patterson when he was near White Rock and Hartwell, and she said she was near some red apartment buildings. He still could not see Patterson. Brooks followed up by asking when, if at all, he saw Patterson in the vehicle. Kirby said she did when she went into the vehicle to grab her things.
After the video was played, Brooks asked if it showed Kirby and Runkel running toward the SUV as it drove away. Kirby said "yes." He was asked where Patterson was at this point. He said when police stopped and asked if there was a knife, Kirby said, "No, there was never a knife involved." "She was meeting one person that day, and I knew exactly who it was because she had shown me his picture and rap sheet prior. Her child’s father is who she was meeting up with that day, and I told her multiple times, ‘That’s not a good idea. I have a bad feeling about this,'" said Kirby.
The defendant asked if the video showed three people throwing punches. Kirby said three people were throwing hands: Erika, Kori and Brooks. He said you'll see three pairs of hands go up toward one another in the video. As the jury returned after break, Brooks mentioned subject matter jurisdiction. The judge said the testimony would continue.Heather Riemer, Waukesha Christmas Parade attendee
Gas station near where Heather Riemer testified she saw the red SUV before the Christmas parade attackWittchow asked if she saw Brooks at that time. Riemer answered that she didn't know the name at that time but said "yes." She identified him as the defendant in court. Brooks asked if she was able to identify the SUV driver based on what she observed at the gas station. Riemer said "yes." He followed up by asking if she knew what the driver was wearing at the gas station. Riemer said "no." Brooks then referenced her interview with police in which she said the driver was wearing an orange shirt. Riemer said that wasn't at the gas station. She said she saw video of him in somebody's backyard.
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