Jurors in the Darrell Brooks trial came to court on Tuesday with overnight bags as jury instructions were read and closing arguments were delivered. Deliberations in the Waukesha Christmas parade attack case began at 6:24 p.m.
Closing arguments are complete in the Darrell Brooks trial.Before the jury could be brought into the courtroom, Brooks argued with Judge Dorow about matters such as subject matter jurisdiction and other evidence. The judge said she was not going to have this discussion or debate. Darrell Brooks trial: Defendant argues with Judge Dorow prior to jury being allowed in courtroom.
Shortly before 10 a.m., Judge Dorow brought the court back to order with the jury present. She said Brooks did send a letter but did not pledge to respect decorum, so he remained in the courtroom next door. She began the five- to six-hour process of reading through jury instructions. Brooks was muted in the adjacent courtroom.Following what the judge described as a "comfort break" during the reading of jury instructions, Brooks indicated he wanted to return to the main court.
Darrell Brooks trial: Defendant tries to get judge to agree to allow him back in main courtroom during the reading of jury instructions in his case.As court resumed, Brooks, in the main courtroom, wasted half an hour asking questions that had been answered for weeks.Brooks mentioned something about Social Security and maritime law and the placement of the fringe/eagle on the flag in the courtroom. Brooks said the court had yet to address subject matter jurisdiction.
"This case has demonstrated that a stubbornly defiant defendant can forfeit even important constitutional rights by conduct," the judge said. As the judge discussed the importance of decorum in the court, Brooks stood and stared with his eyes up. He was seen pointing out things in his courtroom. She advised Brooks he could reclaim the right to be present as soon as he was willing to conduct himself within decorum standards, including not interrupting the court and respecting the court’s decisions by way of oral ruling, even if he disagreed with that.
"You must not, not, not consider anything about Darrell Brooks other than his conduct in downtown Waukesha on the evening of Nov. 21, 2021," said Opper. "Nothing he’s done before that. Nothing he’s done since then. Is he guilty of the 76 counts that he’s been charged with? That and solely that should be the topic of your discussion.
Opper referenced the separate groups impacted by the parade attack, including the Waukesha South High School Band, the Xtreme Dance Team and the Milwaukee Dancing Grannies."You can just see the names and match it up to who was injured and killed, versus who wasn’t," said Opper. Opper then referenced Sgt. David Wanner, the state's first witness, and the state's exhibits showing the positions of officers and barricades.
Opper pointed out where Sgt. Wanner was and that he testified that the SUV blew past him. Detective Casey then testified he was close enough to put his hand on the car. The SUV kept going. Near South and Buckley, Officer Schneider and Officer Butryn made separate efforts to stop the SUV. "That’s it. He drives off onto the parade route. From this moment right here on Exhibit 15... he’s enraged. He’s angry. Flips up that hood and he zooms past Sgt. Wanner, past Officer Casey, onto the parade route. Now, there’s no doubt for the first two blocks he does not strike anyone… Some even say he was driving at a reasonable speed initially. Clearly, once he gets past Barstow, that’s where it starts, right? That’s where it starts.
Opper showed home surveillance video of Brooks near a home after the parade. Brooks says, "Excuse me," in that video. Rider testified that he invited Brooks into his home and had no idea what had happened at the parade. Opper wrapped up her closing argument with "a stitched together video of all the carnage caused by Darrell Brooks."Darrell Brooks in court Tuesday, Oct. 25
Brooks claimed he did not have it, and the judge said she would have her clerk prepare another copy "as a courtesy." Dorow then instructed Brooks to begin his closing argument. The defendant said he was not ready. He said he did not understand why questions brought up with the jury absent were not answered.Dorow said she would inform the jury of the law.
Brooks said he hadn't made any choice, he had not waived his constitutional right and would not let Dorow "coerce me" as a public servant, to do that.Darrell Brooks in court Tuesday, Oct. 25 Dorow said jury nullification was an inherent power the jury had, and they were not to be instructed on that.What is the jury in the Brooks trial thinking after closing arguments? Defense attorney Julius Kim offered is insight with FOX6 News.
Brooks said case law regarding forfeiture of rights does not include closing arguments. The judge said the principles applied hold the same. She created a rule for his closing argument that he could not raise the issue of jury nullification in any way. Opper presented an alternative, saying that the defendant would reference jury nullification within the first three seconds the jury is in the room. She said Dorow should let him make his statement., and Opper would object. She said the judge could instruct to disregard that and tell Brooks to move on.
""I believe that not only is it fair, but it’s essential that you be privy to all knowledge, not knowledge that certain people feel that you should hear and shouldn’t hear disguised under the color of law," Brooks said. "The fact of the matter is, just like I did with my opening statements, I don’t have a well-prepared or rehearsed speech. I didn’t look in the mirror and say certain points to myself over and over again to make sure I have them right or anything like that.
"The DA says the defendant has utter disregard for human life, utter disregard for human life, not realizing that they’re talking about someone that, again, has children, talking about someone that watched their children come out of the womb, cut the umbilical cord, held them even before their mom did -- moments that I’ll never forget, and yet, they say disregard, utter disregard for human life," said Brooks.
"You don’t see anyone striking that vehicle. On that exhibit, you don’t see anyone struck. Would someone who had this intent to kill, this rage as she says, if that was their intent, wouldn’t they have taken the opportunity to hit as many people as they could? Target people, mow down people?" said Brooks.
"There’s been prayers going up every day. There’s been suffering on both sides. There’s been threats, hate mail because of the narratives that’s been put out there, the misconceptions that have been put out there, the lies that have been put out there, lies that have caused my children not to be able to go to school, to be bullied, for my mother to have to leave her home and stay at a hotel because she’s afraid for her safety because she gets hate mail shoved through her mailbox.
"I can never understand the position of sitting on the jury in something of this magnitude, so I’m sure there’s a lot of pressure," Brooks continued. "I pray that the right decision is made." "It’s hard to think about my younger kids getting older and, at some point, having to explain everything to them," Brooks continued. "Kids don’t stay kids forever, and nowadays, kids are, frankly, a lot smarter than we were when we was kids. I’ll tell you that much. I got a letter the other day from my youngest daughter, and she’s still learning cursive right now so she isn’t the best writer when it comes to cursive. She’d rather print.
"Folks, let me just say this. Mr. Brooks stands here and professes to speak from the heart… He talks about his children. He talks about the hardships he’s encountered, and he brushes over the loss to the community. He wants to talk about he’s never held his newborn son. Never once acknowledges the Sorensen family, the Owen family, the Durand family, the Hospel family, the Kulich family, the Sparks family," said Opper. "It’s nice Mr. Brooks can get letters from his loved ones.
As the case was handed over to the jury, Brooks asked whether he would be required to stay in the courtroom while the jury deliberated, noting it was "shower day" in his pod at the jail. The judge said she understood but said she wanted him around in case the jury had questions.
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