WAUKESHA, Wis. — 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.
WATCH: Judge Dorow says Brooks' behavior is disrespectful and makes her scared after an argument in the courtroom.
LATEST UPDATES FROM DARRELL BROOKS TRIAL: FRIDAY, OCT. 21
5:15 p.m. update:
Jury was dismissed for the evening.
3:45 p.m. update:
TMJ4 reporter Bruce Harrison shares what he has been hearing from people in the gallery on Friday, including from victims' families.
Some things I've heard from folks in gallery today, including victims' families: It's a circus; turning into a three-ring circus; an abuse of the victims on the stand; a joke; judge is giving him too many chances; judge is about to bring down the hammer; thank god it's Friday.
— Bruce Harrison (@HarrisonMKE) October 21, 2022
2:15 p.m. update:
Brooks decided to call another witness. Deanna Aldrich heard a crash and went outside to see a red SUV in her neighbor's yard. She said it was "smashed to smithereens."
After Brooks became argumentative, Judge Dorow called for a break.
1:40 p.m. update:
Darrell Brooks is being brought back into the courtroom one more time. Judge Dorow said she's going to ask Brooks three times if he'll call another witness. If he refuses, Judge Dorow said he will forfeit his right to call anymore.
The gallery is watching this back and forth, laughing at some of Brooks' antics.
1:15 p.m. update:
Brooks was brought back into the courtroom and then removed again a few minutes later for his disruptive behavior.
Dorow is doing what she can to keep the trial moving along.
12:35 p.m. update:
Judge Dorow said she is going to give Brooks another opportunity to prove a jailhouse letter from his ex is in fact from his ex. He hasn't made a statement yet, but is sorting through files in the next room.
Dorow said she wants Brooks to play by the "golden rule," respect for all.
12:30 p.m. update:
Dorow is explaining her decision on why she's not allowing the new evidence to be introduced and is trying to move on.
"[He's] blatantly pushing the limits of what I'm trying to establish of when to call witnesses, how to call witnesses..." Dorow said.
12:15 p.m. update:
When returning from lunch, Judge Dorow announced Brooks had been removed from the courtroom and placed in a separate courtroom.
Dorow said he was moved due to his disruptions. She also made quite the statement by saying, "to say that this [trial] would be the most challenging of my career would be an understatement."
11 a.m. update:
Brooks is now arguing about evidence that he wants to be introduced. He says letters and photos are relevant to the credibility of his ex-girlfriend. Judge Dorow wants to know why, and wants verification that the letters are actually from the ex-girlfriend.
"This is mind-boggling to me. I have a child with this woman. How would I not know her handwriting?" said Brooks.
He's incredulous right now that the judge wants some kind of proof the letters are from his ex.
The two argued for about 20 minutes before taking an early dismissal for lunch.
9 a.m. update:
The first witness called to the stand Friday was Kevin Poplar. He testified that the SUV in the incident tried to avoid people while still on White Rock Ave. But after that, he said it sped off after an officer tried to stop it.
The second witness called to the stand was Waukesha Police Detective Steven Guth.
8:45 a.m. update:
Brooks spent the first 15 minutes of Friday's proceedings arguing with Judge Dorow. He said he wants the jury to know the "truth" about subject matter jurisdiction.
Judge Dorow repeatedly asked him to call his first witness. Brooks claimed she is rushing him and said he is not trying to delay the proceedings.
He continued to challenge subject matter jurisdiction, saying he does not understand the nature of the charges.
Judge Dorow dismissed the jury because of all that was going on. Dorow also warned Brooks saying he's about to forfeit his right to question his witnesses in the courtroom.
RECAP OF COURT PROCEEDINGS FROM THURSDAY, OCT. 20
Prosecutors argued Brooks turned his SUV into the Waukesha Christmas Parade after fleeing from a domestic incident. They recalled one witness Thursday before finally resting their case Thursday afternoon.
The court broke for lunch and when they returned, Brooks gave an emotional opening statement, which he says came unscripted from the heart.
"The fact is, this incident was very tragic. That’s not lost on me. The facts are, there are still a lot of people healing. A lot of families healing. On both sides," said Brooks.
After his statement, Brooks called his first witness to the stand, Nicholas Kirby.
Kirby testified that he called the police on Brooks for assaulting a woman in an SUV before driving into the parade.
Brooks spent his direct examination of Kirby questioning his recollection of events before the parade tragedy.
