WAUKESHA, Wis. — The defense rested in the Waukesha parade attack trial on Monday though not in a fashion that's typical of most cases.
Judge Jennifer Dorow asked the defendant, Darrell Brooks, multiple times if he had anymore witnesses or would like to testify on his own behalf. Brooks, who is representing himself, never answered, instead arguing other points the judge found irrelevant.
Judge Dorow ruled Brooks forfeited his right to testify and declared the defense is rested. She then sent the jury home for the day.
"I closed off your ability to call any other witnesses by finding that you forfeited your right to do so based upon your conduct," said Judge Dorow.
Brooks is accused of killing six people by driving an SUV through a Christmas parade last year. He faces 76 charges in the parade crash Nov. 21 in Waukesha, including six intentional homicide counts. Each homicide count carries a life sentence.
Many people, including victims and their families, turned out for court on Monday, and there were sighs of relief and smiles among them as the defense rested.
TMJ4 saw one juror with a big smile as she walked out of the courtroom to go home for the day.
Jury instructions will begin on Tuesday morning. Judge Dorow hopes both the state and defense will also get through closing arguments.
Brooks told the judge he won't be making his closing on Tuesday. The judge said if not, he forfeits his right to do that as well.
It's unclear when the jury will begin deliberating. Based on the judge's ambitious schedule, it could be as early as Tuesday afternoon or evening. Once the parties have closed, the jury will be sequestered.
LATEST UPDATES FROM THE DARRELL BROOKS TRIAL: MONDAY, OCT. 24
2:45 p.m. update:
The court is in recess. Judge Dorow says after jury instructions, she hopes to get to closing arguments for state and defense Tuesday afternoon and hand the case to the jury.
11:41 a.m. update
WATCH: Darrell Brooks lashes out against Judge Dorow, saying she should be ashamed of herself, and that she is being disrespectful.
11:07 a.m. update:
The state asked to have boxes moved. Judge agrees. Bailiffs moved them. "I don't know what he's doing behind there," said Judge Dorow. Brooks just sat there.
"I heard what the hell you said man!" Brooks yells at Dorow. She's asking him if he has any requests as it relates to the jury instructions. He's now slamming his fist on the table. This is the loudest he's yelled, in TMJ4's Bruce Harrison's opinion.
10:13 a.m. update:
The judge is making one heck of a record. She called court IT coordinator Zachary Tremaine to testify on audio levels in 2nd courtroom. Brooks has complained about hearing. Tremaine measured the decibel level. Tremaine says it's louder in Brooks' room than what we get in the media room.
10:05 a.m. update:
The gallery was pretty packed this morning. Judge Dorow got a big laugh when she noted Brooks was ignoring her and reading from a book, though she hadn't "seen a page turn." She accused him of "feigning" the ability to hear her from the second courtroom. "Stubbornly defiant," Dorow said.
10 a.m. update:
So, here's what happens now. Judge Dorow will instruct the state and defense on the next steps shortly after recess ends. The jury will receive instructions tomorrow -- that could take all day. After that, if there's any time left Tuesday, the state may begin closing arguments. Then the defense.
Brooks' mother never showed. And he didn't testify. Judge Dorow asked multiple times if he'd like to and that it was within his rights. He refused to engage with her on the matter. She eventually determined he'd forfeited his right. Judge Dorow then told the jury state had rested.
9:50 a.m. update:
Defense rests. Judge declares evidentiary phase over. She’s sent the jury home for the day. They’ll return tomorrow for instructions. One juror had a big smile hearing the news. Others looked relieved. Folks in gallery are elated this trial is moving on to its final stages.
9:15 a.m. update:
The judge moved Brooks to the next courtroom for interrupting and arguing.
8:51 a.m. update:
The judge asked Brooks if he plans on calling any further witnesses. Only his mother remains. He says, probably not today. If his mother doesn't show up by 9 a.m. and testify, that leaves just Brooks. He's now arguing counts 1-73 be dismissed because there was a recall on Ford Escape.
8:34 a.m. update:
Will Darrell Brooks testify today in his defense? We'll know soon. Things just getting started in Judge Dorow's courtroom.
RECAP OF COURT PROCEEDINGS FROM FRIDAY, OCT. 21
Darrell Brooks continued to present his defense on Friday, though a blow-up over evidence delayed proceedings and arguing with the judge almost cost him his chance to call more witnesses.
Brooks faces 76 charges, including six counts of first-degree intentional homicide and 61 counts of felony reckless endangerment, for killing six people and injuring dozens more in the Waukesha parade attack.
Brooks is representing himself after firing his public defenders just days before the trial. He's pleaded not guilty to all counts against him.
On Friday, after once again challenging the jurisdiction of the court and frustrating Judge Jennifer Dorow, Brooks called his first witness of the day.
"I noticed a vehicle coming through, where the parade participants were going," said Kevin Poplar. "It was a red vehicle. It was honking its horn."
Brooks had Poplar repeat that he heard the horn, an element Brooks has revisited with many witnesses to indicate that the driver was trying to alert the public.
Direct and cross-examinations during the first two witnesses were fairly brief. But court hit a major road bump when Brooks became upset about the order of his witnesses. The third witness was his ex-girlfriend and the mother of one of his children.
Brooks did call her to the stand. But the state objected when he attempted to introduce evidence — photographs and letters — that had not been admitted during discovery.
"I believe that these photographs are designed to make a suggestion to the jury that [Brooks' ex] is a bad mom," said Assistant District Attorney Zachary Wittchow. As a victim of sexual assault, TMJ4 News has chosen not to identify the witness in name or image.
Brooks attempted to interrupt Wittchow, at which time Wittchow snapped back, "I'm not done."
From that point, Brooks became highly argumentative and began to yell.
"So, let's be accurate, all on the record since you think you know so much," Brooks shouted at the state.
Judge Dorow said she would be sending Brooks to a second courtroom but changed her mind and opted to call an early lunch.
Upon returning to lunch, Judge Dorow shared a personal thought with the court.
"I've presided over dozens and dozens of cases that have gone to trial," she said. "To say that this has been the most challenging of my career would be an understatement."
At one point, Brooks refused to return to the courtroom or call another defense witness. Judge Dorow told him if he did not, he would forfeit his right to call any more witnesses. Brooks proceeded with testimony, calling all of his remaining witnesses on Friday.
From Monday, Judge Dorow also said Brooks has the right to testify. A decision not to testify, she said, cannot be used against him in any way by the jury.
Brooks has also said he may call his mother to testify on his behalf, which the court will allow.
The defense is expected to rest Monday. Judge Dorow plans to begin jury deliberation instructions on Tuesday. That may take all day, she said, but if there's time remaining the state could begin closing arguments on Tuesday as well.
