Tag Archives: Waukesha County

Judge’s decision after Brooks, supporters speak

Darrell Brooks and those who are speaking on his behalf are expected to make their statements in Waukesha County court on Wednesday, Nov. 16 – following Brooks’ conviction on charges tied to the Waukesha Christmas parade attack in November 2021.    

To begin the day, the prosecution team noted there was one more victim witness statement that was requested to be made by the granddaughter of Virginia Sorenson. Her statement on Tuesday had been interrupted by the clearing of the court due to a threat made at the courthouse. The court agreed to allow that young girl speak – and that statement was read in court once again.

When asked, Brooks indicated to the court that four people would be speaking on his behalf – all via Zoom. 

Dawn Woods, Brooks’ mother, spoke first. She started by speaking about mental illness – that it impacts everyone. Woods called it the “dirty little secret in families that they don’t want to talk about.”

Woods then read to the court the poem, “I Know Why the Caged Bird Sings,” written by Maya Angelou. Woods told Judge Dorow she hoped it would provide some inspiration to her son. 

Woods finished by speaking to the families of the victims of the Waukesha Christmas parade tragedy.

“To the families who lost loved ones and those who suffered injuries, that I know their pain. And I pray that the Lord will continue to comfort and heal each of them,” Woods said.

Brooks’ grandmother, Mary Edwards, spoke next on Darrell’s behalf. 

“I want to offer my sincere apologies to those hurt,” Edwards said. “It is my expectation my grandson will apologize and ask God for forgiveness.”

Mary Edwards, Darrell Brooks’ grandmother

Michelle Allworth, a longtime friend of Brooks spoke next. She called Brooks her best friend – having known him for 17 years. 

“He shared with me multiple times how remorseful he truly is,” Allworth said.

Brooks’ statement to the court

It was around 12:35 p.m. that Brooks himself was allowed to speak to the court. He began by standing up before the court, looking up, and quoting scripture. 

“A lot of references were made to one of the things I said about my consciousness being clear. Having time to think about it last night, the victims have the right to feel how they want to feel.  They have the right to their opinions — lots of anger and emotions,” Brooks said. “I don’t want that comment to be taken out of context; I made the decision to rededicate my life to Christ when this tragedy happened.”

Brooks had been taking notes during the victim statements that were made Tuesday.

“One of the victims made a comment about trying to understand why this happened. That’s a question I struggle with myself. The why, the how,” Brooks said. “How can life ever get this far away from what it should be?  Regardless of what a lot of people may think about me – about who I am, family, beliefs, I know who I am.  God knows who I am.”

Brooks told the court he does not have any words of anger.

“I had to look inside myself and understand why the comments were made,” Brooks said. 

Brooks referred to the surgical mask he has been wearing throughout the trial proceedings. He told the court it had nothing to do with hiding anything. 

“When you are on TV every day, when your life is being dissected, and your family is on TV and social media platforms, what is there to hide from?” Brooks said.

Brooks then referenced all of the victims of the Waukesha Christmas parade – as well as the people of Waukesha. 

“Not only am I sorry for what happened, I’m sorry that you could not see what is truly in my heart,” Brooks said. “With respect to how I’m viewed, I will not respond to those comments in anger either. I want to also say that, it is not me that can take any pain away, replace what was lost, give back joy, happiness – so many other things lost that day.”

Brooks talked about frustration he said he felt during his trial. 

“I’ve become frustrated at times. I want you, Judge Dorow, to know that regardless to what you might think about those incidents, they were not personal. Being here, throughout this year, the constant learning how to deal with everything, take everything in, what you see, hear, things being shouted at you — the threats and everything you have to deal with just being here. It was a culmination,” Brooks said. “There was a part of me that felt I haven’t been able to defend myself. I think it was just the pot boiling over.”

Brooks told the court that people are going to believe what they want – and that’s OK. 

“This needs to be said. What happened on November 21, 2021 was not, not, not an attack. It was not, not planned, plotted,” Brooks said. “This was not an attack. This was not an intentional act. No matter how many times you say it over and over, it was not.” 

Brooks told the court he originally planned to attack Waukesha County District Attorney Sue Opper during this statement. But he chose not to do so after considering the idea.

“You said 31 years you’ve done this. 31 years. Hmm. I don’t believe you are that bright. Yet, I respect you having the resolve to take on something of this magnitude for this community. Can’t do nothing but respect that,” Brooks said.

Waukesha County District Attorney Sue Opper

Brooks made reference to receiving letters and notes from around the world. He said he has received letters from Germany and Belgium. Many of those letters spewed hate for Brooks’ actions, he said. But there were also letters of support.

“The people who have sent letters of support, I thank you for that, it’s not an easy thing to send to the most hated man on earth. I thank you for that. My family thanks you for that,” Brooks said.

Brooks also made particular note of recognizing Erika Patterson, the mother of his daughter. 

“I want you to know I will always have love for you. I refuse to go that route. I always have love for you. Always respect you. We have a beautiful daughter. I haven’t always been right in regards to you,” Brooks said.

Brooks also spoke emotionally of his daughter.

“She’s probably the single-handed reason why I’m still breathing. Such a light, such a light. She doesn’t even understand what is going on, to be able to talk to me when she wants to, see me – she doesn’t get it. I know that,” Brooks said.

Brooks mentioned there had been a lot of references to death during Tuesday’s victim statements. He stated he does not fear death – and is confident of his fate in the afterlife. 

“I’m a million percent confident where I’m going when this is over. I’m a million percent confident where I’m going,” Brooks said. “I’m a human being. I’m not a monster. I’m a human being trying to figure out for 35 years questions I never got the answer to.”

Brooks said he listened to all the victims who had the courage to speak on Tuesday.

“I apologize for not showing people what they wanted to see. I ask that there be understanding to…that there is a side of the courtroom that’s not seen,” Brooks said. “There’s not an day or hour that goes by that I haven’t thought about what’s happened. That I haven’t tried to wrap my head about how something like this could have happened. Where I haven’t thought about the pain that you all are in. What was lost and the fashion that it was lost.”

Brooks mentioned – he will do what he can to press forward and pray for the community of Waukesha.

“As hard as it is, you can’t turn back the hands of time. As much as I wish I had the power to do that, I can’t. I have to look at life going forward, not backward,” Brooks said. “I’ve moved past the actual tragedy of November 21, 2021. But I have not moved past uplifting this community in prayer. The victims and families. I will continue to pray for them. That’s what I want my heart to reflect.”

Late in Brooks’ statement to the court, Judge Dorow asked Brooks what the court should do about the sentences.

“Honestly, your Honor, I don’t want this to be taken out of context — I believe that there are issues with me attempting to answer that,” Brooks said. “I’m still confused on the true nature and cause of the charges. I don’t understand them. I also believe the decision was already made before we even got here. I could be wrong, that’s not a slight or shot towards your Honor.”

When pressed again for how the judge should deal with the sentencing of Brooks, he paused before answering.

“I think I should be able to go somewhere where I can be helped and be properly helped and medicated,” Brooks said. “You have people who know exactly what to do. Exactly what needs to be done and should be done. To be able to properly be medicated. It’s extremely needed.”

Judge’s final judgment

Judge Jennifer Dorow returned after a brief recess around 3 p.m. – to begin revealing her final judgment against Darrell Brooks and the reasons behind it. The judge started her statement by addressing mental health. 

“I’m not here to debate that you have had a history over time of intersecting with the mental health agencies and that you may have, in your history, trauma, emotional pain and things of that nature,” the judge said.

Dorow said after multiple evaluations, it is her belief there is no doubt that Brooks is competent and well-versed in the legal standard. But she said that was something the court was not concerned about at any point. 

“It was really only after the trial began that that issue was raised, I think by the public, based on what they saw,” Dorow said.

The judge said the mentally ill do sometimes commit crimes. She stated, this is not one of those situations.

“There are many times when good people do bad things, but there are times when evil people do evil things… Child trauma, bipolar, indifference, physical abuse of a child did not cause Darrell Brooks to commit the acts for which he will be sentenced today,” Dorow said. “It is very clear to this court that he understands the difference between right and wrong, and simply chooses to ignore his conscience. He is fueled by anger and rage. Some people unfortunately choose a path of evil, and I think Mr. Brooks is one of them.”

Judge Dorow stated as a mom, she feels for Brooks’ family because it is easier for them to blame mental illness than it is to come to terms with what he did.

“The bottom line is none of that caused you to do what you did on Nov. 21 of 2021,” the judge said.

A little bit after 3:30 p.m., as Judge Dorow proceeded with her statement, Brooks was commenting. After an outburst in court, the Judge Dorow sent Brooks to an adjacent courtroom, so she could resume with the statement. The court went into a brief recess. 

When court came back from recess, Brooks was in the adjacent courtroom. He made attempts to get the judge’s attention to be brought back into the courtroom. But Judge Dorow insisted, unless he could pledge on paper that he would not create any more disruptions, he would remain in that adjacent court.

Judge Dorow continued referring to all the instances in which Brooks had an opportunity to stop – and not proceed down the Waukesha Christmas parade route. She spoke of all the victims and the evidence in the case that will linger with her. 

“It’s hard not to think about what I watched. Those images kept me up at night, for what I saw over and over and over,” Dorow said. “The only time we ever heard about brakes was when Jane Kulich was on top of that vehicle, and he hit the brakes, so he could get her off.”

After leaving the Waukesha Christmas parade route, the judge offered this…

“What did Darrell Brooks do after? He ditched the vehicle. He changes his appearance. He put his hair up. He asked unsuspecting people to use their phone to call an Uber, all within minutes of this happening. He was in such a hurry to get out of there he left his phone in the SUV,” Judge Dorow said. “That is at 5:01 p.m. That is minutes, minutes after all of this happened.”

The judge pointed out, it was thanks to an astute Waukesha resident that Brooks was finally arrested by police.

“Noticing that after Mr. Brooks being in his home maybe 8-9 minutes, he saw squads driving by. I think you could say he felt in his gut something wasn’t right,” the judge said.

The judge noted that Brooks spent close to two hours in his final statement to the court. 

“You know, at times, we’ve seen the eye rolling, the fake clapping, the laughing, hand gesturing. Many times and most times, very emotionless unless he’s doing those things, which would be really inappropriate and are inappropriate. His reactions are largely negative when things are not going his way. What did this community suffer from this tragedy?” asked Judge Dorow.

Shortly before 5 p.m., Brooks requested to be brought back into the court. Judge Dorow agreed to allow that. But as soon as Brooks was back in court, the disruptions continued. Brooks was removed from court once again. 

FOX6 News will update this post as more of the judge’s statement proceeds.

Victim impact statements on Tuesday

On Tuesday, 45 victims and survivors shared powerful personal accounts of how the attack impacted them in the first of two sentencing hearings for Brooks. The statements from the dozens of victims and family members was packed with emotion. 

“You have the audacity to say your conscience is clear. That is why you hear the term monster; demon,” said Chris Owen, son of Lee Owen. “I know why you did this. You did this because you weren’t in a cage…All I can ask is that you rot, and you rot slow.”

“You stated you are a God-loving man. You are not. A real man would have stopped and asked for forgiveness – pure evil and not fooling anyone,” said Donald Tiegs, father of Erick who was injured with the Waukesha South Marching Band.

“Every holiday, there will always be an empty chair where Jackson should be…It hurts to breathe sometimes…I’m emotionally and physically exhausted,” said Sheri Sparks, mother of Jackson and Tucker. She finished by adding, “Jackson the other victims deserve closure.”

“Now, I want you to use your imagination a little bit,” said David Sorenson, widower of Virginia Sorenson. “When it thunders, I imagine that Jackson is blasting a home run over the fence. When there is a rainbow, I will imagine the Dancing Grannies — Ginny, Tammy, Lee and Bill — with them dancing along its lines. When there is a ray of sunshine poking through the clouds, I will imagine it is Jane smiling down on us. When it snows, like it did this morning, I will imagine God’s love giving us a blanket in comfort. When I see a blue light, I see this community’s commitment to help heal and support each other. “

“The terror, the horror, the pain, the fear that you’ve caused to so many individuals, and everyone has their own unique path for healing. I hope that you will get sentenced to what you deserve,” said Dylan Yourell, father of Xtreme Dance Team victim.

Waukesha County D.A. Sue Opper’s statement

Following the victims’ statements to the court, Waukesha County District Attorney Sue Opper spoke to the court. She began by rattling off Brooks’ extensive criminal record. 

“This man has a history and a pattern of engaging in violence, and it was no different on Nov. 21, 2021,” Opper said. “I’m not going to spend a lot of time talking about the attack, and I choose to call it an attack instead of referring to it as the parade. There’s nothing wrong with the parade. The parade is good. The parade is the embodiment of the community.”

Opper went on to tell Judge Dorow Brooks’ actions were acts of a coward.

“Very few of the victims who were struck had any idea this car was barrelling down on them,” Opper said. “They had no way to know it was coming, and he mowed over them, ran them over without any ability to defend themselves. What is so offensive about this conduct, your Honor, is, obviously, the violent nature of it, but even more so, the defendant’s conduct and behavior in this court, his complete lack of decorum and respect for the court.”

Opper stated in court Brooks takes advantage of everyone.

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“He’s extremely manipulative. He absolutely thinks he’s in control of everything, when in fact, as he sits here in custody, he’s in control of nothing,” Opper said.

Final judgment

After Brooks and his witnesses have had a chance to speak, Judge Dorow will hand down her sentence and explain her reasoning tied to the charges. In the end, Brooks faces the consecutive six life sentences plus 859 years in prison.

The jury found Brooks guilty of six counts of first-degree intentional homicide. Each count carries a mandatory life sentence in Wisconsin. Judge Dorow has discretion over the other 70 counts — a decision that will come Wednesday.

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Nov 15-16 in Waukesha County court

Darrell Brooks will be sentenced on Nov. 15-16 following his conviction on 76 charges in connection with the Waukesha Christmas parade attack in November 2021.

Brooks appeared in front of Judge Jennifer Dorow on Monday, Oct. 31 to schedule that sentencing and sort out any other logistics tied to the hearing.

A jury found Brooks guilty on all counts Wednesday, Oct. 26 in the Waukesha Christmas parade attack that took place Nov. 21, 2021. The jury deliberated for less than three hours. This, after a more than three-week trial that was, perhaps, unlike any other we’ve seen. Brooks was convicted of all 76 counts, including six counts of first-degree intentional homicide.

Brooks faces mandatory life in prison for each of six first-degree intentional homicide convictions. In addition, he was convicted on 70 other charges in the Waukesha Christmas parade attack.

Dorow must decide the sentences. It will also be up to the judge whether any or all of them will be concurrent or consecutive to others. 

During sentencing, there is a chance for victims and their families to make impact statements. Brooks will also get an opportunity to address the court and the community.

According to Waukesha County District Attorney Sue Opper, there a few people who want to speak. 

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Should Brooks want to appeal his convictions, all of that would have to happen after sentencing. According to Wisconsin law, Brooks has 20 days to file a notice of appeal after he is sentenced.

This is a developing story.
 

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Hartland fire investigation; 6 dead each had gunshot wound

Hartland police said Monday, Oct. 24 that all six people – including four children – found dead after an apartment fire last week had been shot. One of the six, a man, appears to have shot himself.

Police Chief Torin Misko said investigators found a “flammable liquid” that isn’t normally found inside an apartment. However, he did not say whether the fire was intentionally set – or whether the man shot and killed his family.

“All six of the decedents located at 700 Mansfield Court in the village of Hartland have a single gunshot wound,” Misko said Monday. “Connor McKisick’s gunshot wound has been determined to be self-inflicted.”

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FOX6 News has identified some of the deceased as 34-year-old Connor McKisick, 33-year-old Jessica McKisick and 14-year-old Natalie Kleemeier. The three others have been identified as a 12-year-old girl and two 3-year-old boys. The police chief said the boys, twins, were the McKisicks’ sons.

While a memorial grows outside the apartment building, detectives are still trying to establish what happened inside and when.

“We are still working with the Waukesha County medical examiner to try and determine exact times, but we believe it was in close relation to the time of our call, which was 5:11 a.m. that morning,” said Misko.

Misko also said officers have recovered “several guns” from the apartment. The investigation remains open.

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“This is a tragic incident for the family of the deceased, our first responders and the Hartland community,” Misko said.

The causes of death, and whether police believe Connor McKisick shot his five family members, are not yet known. The police chief said it may take some time to learn those answers.

This fire displaced three families from their homes. Now, the community is collecting gift cards for the families’ immediate food and clothing needs. Gift cards can be brought to Hartland Village Hall (210 Cottonwood Avenue) Monday through Friday, 7:30 a.m. through 4:30 p.m. Fox Brothers Piggly Wiggly in Hartland is also taking gift card donations.

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Prosecutors rest case, defense to begin

Prosecutors on Thursday, Oct. 20 rested their case in the Darrell Brooks trial, charged in the November 2021 Waukesha Christmas parade attack.

After the prosecution rested, the court took its lunch break for the day. Immediately following the break, Brooks is expected to make his deferred opening statement to the jury – and begin presenting his defense.

Case called Thursday

Before the jury was brought in Thursday, Brooks told the court he was there as third-party intervener. Judge Jennifer Dorow asked that he not reference subject matter jurisdiction – an issue Brooks has repeatedly raised throughout the trial – because it is not based on law or fact. Brooks then responded, saying he had “common sense” ot know that he can’t reference it. 

Additionally, the wording of Count 76 against Brooks was changed to reflect that an alleged domestic battery “near Frame Park” as opposed to “at Frame Park.”

“We’re not asking to change any of the facts, dates or charges,” said Assistant District Attorney Zachary Wittchow. 

“It is right for this court to hear this motion. The jury will ultimately be instructed. The charges are based off the information. There is no prejudice to Mr. Brooks, and it doesn’t change the charge in any way,” Dorow said, granting prosecutors’ request.

District Attorney Sue Opper explained her intent to recall Waukesha Police Det. Thomas Casey. Opper said Casey’s “focus” during his previous testimony was on the layout of the parade route; now, she sought to gather his testimony on identifying victims and the driver of the red SUV.

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“It will help the jury understand some of the things on the back end that he was involved with during the parade,” Opper said. 

“The prosecution feels they’ve been efficient in their presentation – it seems like an attempt to me to get more questions in that should have been asked in the first place,” said Brooks.

Thomas Casey recalled

The jury was brought into the courtroom around 9:10 a.m. Thursday – and Casey took the stand, recalled by the state. The detective went through the process of identifying persons who were injured in the Waukesha Christmas Parade incident. He became the lead investigator on the case the night of the attack.

Casey told the court that police detectives were sent to five different hospitals to identify possible victims as they came in. As part of the process, the detective said, officials had to come up with parameters that would positively identify a true victim. He said the victims had to be in the street of the parade route and receive hospital care. The detective said people who were injured after the fact, from other instances, were not considered victims. 

Waukesha Police Detective Thomas Casey

Casey indicated there were three other members of the Xtreme Dance Team – including a 10-year-old boy – who were injured in the parade incident, but not listed on the state’s charges. He also indicated a white hood and navy hat that belonged to Dancing Grannie Virginia Sorenson was found on the red SUV that was later located in Waukesha.

The detective testified investigators obtained “300 to 400 videos” of the parade incident. He stated he watched all of them – and asserted Brooks was driving the red SUV through the parade in all of them.

“I’ve never seen anyone driving the SUV other than the defendant, none of the vehicles we looked at showed anyone else in the vehicle,” Casey said. “Never showed the vehicle coming to a complete stop on the parade  route.”

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.

The detective testified that the SUV was found on Maple Road and that officials got a key from Brooks. At that time, Casey said, the red SUV was in processing so he took the key there and it worked the door lock and the ignition lock of the vehicle. Casey also told jurors Brooks’ fingerprints, the three women he has children with, and Brooks’ mother all identified the suspect in the parade incident as Darrell Brooks. However, Brooks objected to “being called that name.”

“That’s the name he’s always gone by,” Casey said.

The jury was shown video of the backyard of Dawn Woods, Brooks’ mother, which showed a red Ford Escape – the type of SUV in question. That video was dated 1:26 p.m. on Nov. 21, 2021 – the afternoon of the parade attack. Casey testified that Woods gave police the video that night. 

Brooks began his cross-examination of Casey around 10 a.m. During this cross, Brooks argued no one can tell who has their back to the camera in the photo that had been shown in court. Casey said he watched the entire video – and he testified it was indeed Brooks.

Casey further testified that he learned Brooks had use of the SUV at the time of the attack. He also said he had been to Brooks’ mother’s house to talk to her, and knows the video of the SUV in the backyard on the afternoon of Nov. 21, 2021 is at that house.

Brooks asked Casey if the detective interviewed his child, and if he has “heard the term double jeopardy.” The prosecution objected. Casey continued to testify about what he saw at the scene.

“I remember a horn beeping and (Brooks) driving into me and not stopping when I pounded on the vehicle,” said Casey, describing Brooks as looking angry. “I’ve been driving a long time. When people beep their horns they are late or angry – that’s why I concluded they were angry.”

Casey added it was a possibility that someone would beep their horn to get out of the way. He testified speaking to Brooks’ mother multiple times to gather more information and a warrant for Brooks’ Waukesha County Jail cell that was served July 1, 2022.

“Why did you serve the warrant?” Brooks asked before again raising his “the state is an entity” questions, as he has throughout the trial. 

“The jury will strike those comments,” Dorow said, following prosecutors’ objection. 

Upon re-direct, prosecutors presented another video. Brooks argued that the court was “just creating exhibits now. I have all the exhibits – and this was never in it.” The video, Opper said, was from Brooks’ social media, and Brooks described it as “mind boggling.”

As Casey’s testimony resumed, he said he had “no doubt” that Brooks was the man in the video standing next to the red SUV. 

“When was this video made an exhibit?” Brooks asked. He became upset when someone at the state’s table began laughing.

“I’m advising both parties to display restraint,” said Dorow.

Brooks then asked Casey why he wanted to review the video again, the detective answered in case “anyone asked questions about it,” and the jury was excused.

With the jury no longer in the courtroom, Opper said the video Brooks was upset about was sent as part of the initial discovery.

“I see what you people are trying to do, and it’s not fair, and it’s not right,” said Brooks.

“That video was no part of (initial discovery).”

Dorow asked Brooks if he was familiar with the video, and Brooks asked what that had to “do with it.” Dorow said the video was relevant and that Brooks “opened the door” to have Casey identify him in the video. As the judge and district attorney spoke, Brooks began interrupting.

“Stop gesturing me, rolling your eyes and talking over me,” Dorow told Brooks.

“We’ve been patient with Mr. Brooks. You haven’t told him to sit down and be quiet. You haven’t done that, and we know why,” Opper said.

Opper explained that when Brooks “opened the door,” they played the video without audio.

“He doesn’t like it because the evidence is stacking up and stacking up,” Opper said. “He can cite no law that I can’t make an exhibit.”

NOTE: FOX6 News will update this post as new testimony is presented in court.

Prosecutors say Brooks drove a red SUV through the parade route on Nov. 21, 2021, killing six and injuring more than 60 others. 

On Nov. 21, 2021, according to prosecutors, Brooks met up with his ex-girlfriend in Frame Park, the same woman he is accused of running over with his red SUV earlier in November 2021. She told police they argued in his SUV before he started driving, and he “was driving around with one hand and striking her in the face with his other hand.” She eventually got out and called her friends for help.

Waukesha parade attack victims identified

Soon after that, according to prosecutors, Brooks drove that red SUV through the parade route, killing Jackson Sparks, 8, Virginia Sorenson, 79, LeAnna Owen, 71, Tamara Durand, 52, Jane Kulich, 52 and Wilhelm Hospel, 81. More than 60 others were hurt. 

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COVID adjournment request denied as ‘delay tactic’

Darrell Brooks requested an adjournment of his trial in the Waukesha Christmas parade attack Wednesday, Oct. 5, telling the court he believes he has COVID and needs to wait until at least Friday for test results to come back. Prosecutors said he’s heard on jail phone calls telling his mother he’s going to delay the trial. The judge agreed with the prosecution, calling Brooks’ COVID adjournment request “nothing more than a delay tactic.”

Waukesha County Judge Jennifer Dorow scheduled Wednesday afternoon’s hearing to handle final housekeeping issues before the start of the Brooks trial. Opening statements are set for Thursday morning. 

An hour in, none of the housekeeping issues had been addressed.

During his court appearance Wednesday afternoon, back in his jail attire because the jury was not present, Brooks sought an adjournment due to the Waukesha County Jail’s COVID-19 protocol. 

“I’ve had people close to me who have passed away from COVID – I’m frightened,” Brooks told the court. In denying Brooks’ motion to adjourn, the judge said if he was truly concerned about his health and safety, he would take the COVID rapid test he was offered and refused. 

Judge Dorow said she offered him the opportunity to wear a suit and tie, as he did Monday and Tuesday, but he declined.

As for the COVID adjournment request, the judge said she did not have any information regarding the COVID-19 protocol and that the jail had not provided her with specifics. Brooks told the judge he is fully vaccinated, but that he lost taste and was fatigued. He said he reported the loss of taste to the jail Tuesday night but said he’d been feeling bad “for a few days.” Brooks added he was seen by jail nurses and not allowed out of his cell until test results come back, which he said would not be until Friday. Brooks insisted the court had this information. Dorow said she had no other information on his COVID status, citing HIPAA.

The judge reiterated that Brooks would have to verify his status within the protocol himself.

Asked if he objected to the judge asking the jail administrator, Brooks said, “Absolutely not.” Administrator Angela Wollenhaupt, who oversees staff and inmate issues at the jail, took the witness stand. Wollenhaupt noted that she had not reviewed Brooks’ medical record before coming to court, and he had not signed a release to speak to the court about it. 

She said if in COVID protocol, Brooks would remain in his current cell and have access to a conference room and phone. She said they would be able to “safely produce him for court.”

She added that Brooks made statements that prompted the medical department to follow up, and a COVID test was administered.

Darrell Brooks COVID adjournment request

Brooks refused to take a rapid test, seeking to delay the trial until Friday when his test results come back.

“Why would I need to take two tests for the same thing?” said Brooks. “If I’m taking a COVID test, why would I need to take another one?”

He later followed up with, “I still don’t have clarity on that, your Honor. I’m baffled.”

When asked if Brooks’ discovery materials were in his cell, the jail administrator said yes, and Brooks tried to object. Dorow said he was not able to testify and overruled his objection, giving him a final warning. After almost an hour Wednesday afternoon, Brooks was moved to the courtroom next door because of increased outbursts. Dorow said there were 10 interruptions. 

Darrell Brooks objects from the courtroom next door.

The judge pointed out Brooks is not within six feet of anyone else in the courtroom. Brooks dropped his head and shook it while sighing. 

Waukesha County District Attorney Susan Opper said she believes Brooks’ adjournment request is a delay tactic. Opper said Brooks is heard in recorded jail phone calls telling his mother he plans to delay the trial.  

Opper added that even if Brooks was on COVID protocol, it would have zero impact on his ability to prepare for the case, noting he has all necessary materials in his cell. 

Brooks asked why the recorded phone calls couldn’t be brought into court through a sworn affidavit. “How can that be a delay tactic?” he asked.

The defendant and the judge then began speaking over each other, with Dorow reminding Brooks he needed to abide by the court standards of conduct and Brooks again saying he did not recognize the name placed on the complaint against him. “That’s not who I am,” he told the court.

Before 4 p.m., Dorow denied Brooks’ request for a COVID adjournment. 

Around 4 p.m., Dorow offered Brooks the opportunity to return to the main courtroom. Brooks said he never agreed to move to the adjacent courtroom. The judge took that as a refusal and Brooks remained in the other courtroom. 

Brooks noted that he was very tired. The judge noted that the fatigue did not stop Brooks from objecting, interrupting and asking for an appeal. 

Housekeeping matters discussed

As the housekeeping matters got underway, the court discussed whether the state should be allowed to ask Brooks, should he take the stand, about his prior convictions, dating back to 1999. The prosecutor noted 12, including three in Nevada. 

The question would be: “Have you ever been convicted of a crime?” The follow-up question would be: “How many times?”

Judge Dorow did not address this Wednesday.  

When asked if he had a question on the use of criminal records, Brooks said he would have a better understanding once he could review things.

The judge said she would rule Thursday on the state’s request to reconsider showing victim witnesses. It was previously allowed, except for minors. 

After 4:30 p.m., Dorow began laying out the procedure for objections in court, noting that if Brooks doesn’t follow civility procedure, he’ll be muted. Dorow said he can use his objection sign and she’ll ask for the basis of his objection. 

“If at any time you object to every question, that is not acceptable,” Judge Dorow said to Brooks, noting statute does not permit harassment.

Dorow and Opper noted the possibility that Brooks could forfeit his right to cross-examine witnesses if he does not act civilly; Opper clarified that the state wants Brooks to be able to cross-examine each witness.

Brooks said he didn’t understand, and Dorow said she could not explain the law to him. She stressed that she explained the pros and cons of representing himself, and she told Brooks he intelligently made a deliberate decision to waive counsel while explaining she could not give him legal advice. 

“You represent yourself at your own peril,” said Judge Dorow.

Brooks again said he didn’t understand, and Dorow said he was veering off-topic, again muting him.

Jury instructions discussed 

The 68-page jury instruction document was discussed, and Dorow said she was adding a page with instructions regarding decorum and courtesy in the courtroom.

“My job includes that making sure Mr. Brooks’s rights are protected…that both sides can present the case in a coherent fashion…and that victims and witnesses are treated fairly,” said Dorow.

The jury instructions state that if Brooks should appear in the adjacent courtroom during the trial, that should not impact the jury’s verdict in any way. 

Brooks said he didn’t accept or consent to the amended jury instructions as the paperwork was placed in front of him by a bailiff. He said he wants to draft a written jury instruction, and Dorow said he could submit that by Thursday morning for her review. 

As jury instructions were discussed, Brooks raised his objection sign and rocked in his chair in the adjacent courtroom. The judge offered to allow Brooks to return to the main courtroom if he would abide by the decorum. 

“So this is how it’s gonna be the whole trial,” said Brooks.

Dorow made a record that Brooks’ behavior was rude, disrespectful and an interference in the orderly administration of justice. 

“I will not tolerate disruptive conduct that, from my perspective, is simply an attempt to delay,” said Dorow. 

Brooks noted he’s describing himself as “pro per” and not “pro see,” as the court sees him in representing himself. He requested that be changed, and Dorow denied it. Brooks continued to push the judge on this issue, and she again muted him, saying she cannot provide legal advice.

When asked if he had any questions on the 69 pages of jury instructions, Brooks asked why the court could not address his to-be written jury instructions Wednesday afternoon. 

Shortly thereafter, Judge Dorow approved the 69-page jury instruction packet. The judge said the instructions would be printed for Brooks to review Wednesday night. She said they would discuss some added language Thursday, along with Brooks’ written instructions, should he submit them. She noted that his written instructions would be statements of law provided to the jury.

When asked if he objected, Brooks said he did, adding that he didn’t understand why changes were being made to the jury instructions at this point. The judge said it’s standard protocol to finalize the jury instructions at this hearing. 

Exhibits discussed 

District Attorney Opper noted the state filed eight pages of 140 exhibits – a combination of videos, photos and documents. She noted the document was provided to Brooks, though he declined to accept it.

Opper said the state has some physical evidence she intends to use later in the trial. She noted some large poster board maps that were prepared. Opper asked specifically about photos and documents and whether they should print a copy for the jury to have later.

The prosecutor asked if all exhibits could be added to one thumb drive and that could be entered into the court record. Brooks held up his objection sign.

The judge wanted all parties to remain at their desk during opening statements. Opper asked if they could move around when Brooks is in the adjacent courtroom, and Dorow said no. She said they can stand up and present, as can Brooks. The judge noted she was taking steps to ensure the jury doesn’t see the restraints around Brooks’ ankles. 

Brooks said most of his exhibits will be paperwork. Dorow said if he has something specific, he should let the state know, so they can make arrangements to assist in displaying it to a witness, if appropriate.

Brooks requests subpoenas

Brooks requested six subpoena forms “as soon as possible” on Tuesday, court filings obtained by FOX6 News show. Twenty-one subpoena forms were delivered to him at the jail Wednesday morning, according to online court records, and Judge Dorow in court said her staff would provide copies, as well.

Also on Wednesday, a crew from Court TV was working to set up a multi-camera system within Judge Dorow’s court to best capture the trial for broadcast. FOX6 News will stream the trial in its entirety on the following platforms: 

16-member jury seated

On Tuesday, the court seated a 16-member jury that includes ten men and six women — all white. The jury selection process was completed around 6:30 p.m. The jury panel was ordered to return at 8:30 a.m. Thursday for opening statements.

Darrell Brooks trial, jury selection, peremptory strike process

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Now that the jury is selected, FOX6 News can tell you the potential jurors were asked more than 100 questions, including: 

  • Do you accept Brooks is innocent until proven guilty?
  • Do you have bias for or against Brooks because of his race?
  • Have you seen, heard or read any news coverage on the case?

Christmas parade attack

Prosecutors say Brooks drove a red SUV through the parade route on Nov. 21, 2021, killing six and injuring more than 60 others. 

On Nov. 21, 2021, according to prosecutors, Brooks met up with his ex-girlfriend in Frame Park, the same woman he is accused of running over with his red SUV earlier in November 2021. She told police they argued in his SUV before he started driving, and he “was driving around with one hand and striking her in the face with his other hand.” She eventually got out and called her friends for help. 

Waukesha parade attack victims identified

Soon after that, according to prosecutors, Brooks drove that red SUV through the parade route, killing Jackson Sparks, 8, Virginia Sorenson, 79, LeAnna Owen, 71, Tamara Durand, 52, Jane Kulich, 52 and Wilhelm Hospel, 81. More than 60 others were hurt. 

Brooks was arrested the night of the attack, soon after telling a Waukesha resident that he was homeless and waiting for an Uber. The man was unaware of the events that had occurred and let Brooks into his home.

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Brooks entered an insanity plea in June after initially pleading not guilty to the charges in February, a move that could have resulted in him being sentenced to a mental institution rather than prison if convicted. He later dropped the insanity plea on Sept. 9. 

Darrell Brooks faces 76 charges, including six counts of first-degree intentional homicide and 61 counts of reckless endangerment. Each homicide charge carries a mandatory life sentence.

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CBD store raided; Waukesha County sheriff investigates after two kids overdose

Menomonee Falls police and the Waukesha County Sheriff’s Department raided a CBD store in Menomonee Falls on Tuesday. In a release, the Sheriff’s Department said it started investigating Superstar Buds after a non-fatal overdose involving two small children from a product their parent said was from the store.The store owner tells 12 News he was unaware of the overdose and keeps all of his products in child-proof containers.The release also states the department tested several products, and some contained THC levels around 20%. The legal limit in Wisconsin is 0.3%. Superstar Buds is licensed under the Department of Agriculture Hemp Program. The owner tells 12 News discrepancies or concerns with THC levels goes through the department through that Hemp Program. He said he did not hear from the department but instead was raided by dozens of officers at his store and home.“They skipped over the department of agriculture,” he told 12 News. “As us being a member of the program, we’re protected by the department of agriculture program, where if we have a product that tests over the limit it is the department of agriculture’s job to remedy the situation, meaning they contact us, they let us know our product tested over the limit, they give us the chance to remove the product, we remove the product, we comply.” The raid caused more than $100,000 worth of damage to his inventory. The shop is in shambles. Several customers stopped by while 12 News was there. They asked how they could help, and set up a GoFundMe to rebuild the store and help with legal fees.The owner faces five felonies.“We’ve never had any issues. We’ve been in good standing,” said the owner. “To us, it felt like you’re being stabbed in the heart with a knife.” He said it’s hard for him to believe that all of the products they took had THC levels above 0.3%. He explained that while he processes some of his own products, he also buys from suppliers. He said each purchase and process goes through a certificate of analysis from each supplier that shows the amount of THC per product.“As a hemp processor there is a certain amount of trust that we are putting into our sources,” he said.The Waukesha County sheriff did not confirm if the samples taken from the search warrant have heightened THC levels. The release indicated those samples, at this time, are believed to have illegal amounts of Delta-9 THC.The owner said he believes all his products are compliant and hopes he can continue his business for his customers that use product for chronic pain.The Sheriff’s Department will turn the evidence over to the District Attorney.

Menomonee Falls police and the Waukesha County Sheriff’s Department raided a CBD store in Menomonee Falls on Tuesday.

In a release, the Sheriff’s Department said it started investigating Superstar Buds after a non-fatal overdose involving two small children from a product their parent said was from the store.

The store owner tells 12 News he was unaware of the overdose and keeps all of his products in child-proof containers.

The release also states the department tested several products, and some contained THC levels around 20%. The legal limit in Wisconsin is 0.3%.

Superstar Buds is licensed under the Department of Agriculture Hemp Program. The owner tells 12 News discrepancies or concerns with THC levels goes through the department through that Hemp Program. He said he did not hear from the department but instead was raided by dozens of officers at his store and home.

“They skipped over the department of agriculture,” he told 12 News. “As us being a member of the program, we’re protected by the department of agriculture program, where if we have a product that tests over the limit it is the department of agriculture’s job to remedy the situation, meaning they contact us, they let us know our product tested over the limit, they give us the chance to remove the product, we remove the product, we comply.”

The raid caused more than $100,000 worth of damage to his inventory. The shop is in shambles. Several customers stopped by while 12 News was there. They asked how they could help, and set up a GoFundMe to rebuild the store and help with legal fees.

The owner faces five felonies.

“We’ve never had any issues. We’ve been in good standing,” said the owner. “To us, it felt like you’re being stabbed in the heart with a knife.”

He said it’s hard for him to believe that all of the products they took had THC levels above 0.3%. He explained that while he processes some of his own products, he also buys from suppliers. He said each purchase and process goes through a certificate of analysis from each supplier that shows the amount of THC per product.

“As a hemp processor there is a certain amount of trust that we are putting into our sources,” he said.

The Waukesha County sheriff did not confirm if the samples taken from the search warrant have heightened THC levels. The release indicated those samples, at this time, are believed to have illegal amounts of Delta-9 THC.

The owner said he believes all his products are compliant and hopes he can continue his business for his customers that use product for chronic pain.

The Sheriff’s Department will turn the evidence over to the District Attorney.

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