Prosecutors rest case, defense to begin

WAUKESHA, Wis. – 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.