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Deliberations begin: The Darrell Brooks trial is now in the hands of the jury

The Darrell Brooks trial is now in the hands of the jury. The jury will be sequestered until they reach a verdict on each of the 76 counts.
Darrell Brooks
Posted at 5:52 AM, Oct 25, 2022
and last updated 2022-10-26 09:40:11-04

WAUKESHA, Wis. — The Darrell Brooks trial is now in the hands of the jury. The jury will be sequestered until they reach a verdict on each of the 76 counts.

During Tuesday night's deliberations, Judge Dorow returned to court shortly after regarding concerns about the integrity of proceedings. Judge Dorow's clerk received an email regarding an anonymous Reddit post from a user claiming to be a member of the jury. The Waukesha County District Attorney also received a similar email about the post.

The poster says Brooks is guilty but has not had a fair trial and is sympathetic toward Brooks. The state is questioning the veracity of the post, saying some things in the post are not true.

Darrell Brooks
Darrell Brooks argues with the judge before making his closing arguments in his trial in Waukesha County Circuit Court, Tuesday, Oct. 25, 2022, in Waukesha, Wis. Brooks, who is representing himself during the trial, is charged with driving into a Waukesha Christmas Parade last year, killing six people and injuring dozens more. (Mark Hoffman/Milwaukee Journal-Sentinel via AP, Pool)

Brooks says he has no involvement and he is "shocked it came to light." He continued to state that commonsense would indicate that the post obviously shows knowledge of the trial. However, the state quickly replied that the trial has been broadcasted worldwide.

Judge Dorow says she is leaving it to the hands of law enforcement. The Waukesha County Sheriff's Department is investigating the post.

Overall, Judge Dorow does not seem to be worried about the credibility of the post.

By 8 p.m., Judge Dorow announced the jury said they are done for the day and will continue deliberations on Wednesday. The jury deliberated for an hour and 45 minutes.

RELATED CONTENT: Jury to be sequestered during Brooks trial deliberations

The jury will return to court to continue deliberations Wednesday, Oct. 26 at 8:30 a.m.

Closing arguments in the trial of Brooks, the man accused of killing six people and injuring dozens more in the Waukesha Christmas parade, began Tuesday.

Jury instructions finished Tuesday morning and Judge Jennifer Dorow hoped both the state and defense would also get through closing arguments.

Darrell Brooks
Darrell Brooks attempts to get the court's attention as he appears via video from an adjacent courtroom due to his continuous interruptions of Waukesha County Circuit Court Judge Jennifer Dorow during his trial Tuesday, Oct. 25, 2022 in Waukesha County Circuit Court in Waukesha, Wis. Brooks, who is representing himself during the trial, is charged with driving into a Waukesha Christmas Parade last year, killing six people and injuring dozens more. (Mark Hoffman/Milwaukee Journal-Sentinel via AP, Pool)

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.

Waukesha victims
Waukesha Christmas parade victims

Watch and read all of TMJ4's coverage of the Darrell Brooks, Waukesha parade attack trial here

While the defense rested on Monday, that came after a back and forth of Brooks arguing with the judge, with Dorow asking Brooks multiple times if he had any more witnesses or if he would like to testify on his behalf. Brooks, who is representing himself, never answered her and instead argued other points the judge found irrelevant. That pushed her to rule that he had forfeited his right and wouldn't be testifying.

It's unclear when the jury will begin deliberating, but based on the judge's schedule, it could be as early as Tuesday afternoon or evening. It's important to note, once both the state and defense have closed, the jury will be sequestered.

Watch our livestream, live blog and trial recap below

LATEST UPDATES FROM THE DARRELL BROOKS TRIAL: TUESDAY, OCT. 25

8:15 p.m. update:

Jury is dismissed for the evening and will be sequestered in a hotel.

Court will return at 8:30 a.m. on Wednesday.

8:08 p.m. update:

Judge Dorow announced that the jury would like to be done for the evening and will return Wednesday morning for deliberations.

7:20 p.m. update:

Judge Dorow says the court will give a 30-60 minute notice once the jurors have reached a verdict. She says the jurors have been on court's time, and now we are on theirs. The jury is allowed to go as long as they want tonight. They have the option to break, sequester at the hotel, and return in the morning.

The jurors are requesting three exhibits: a map of the parade route, a photo of Brooks' ex-girlfriend Erika Patterson, and the video of the Dancing Grannies being struck by the SUV.

7 p.m. update:

Judge Dorow returns to court after concerns about the integrity of proceedings. Judge Dorow's clerk received an email regarding an anonymous Reddit post from a user claiming to be a member of the jury.

6:25 p.m. update:

The Darrell Brooks trial is now in the hands of the jury. The jury will be sequestered until they reach a verdict on each of the 76 counts.

Judge Dorow says it is up to the jurors on how late they go Tuesday night. Electronics have been confiscated.

No juror will go home until verdicts are reached or individual jurors are discharged and replaced with alternates on standby, who are also in sequestration.

6:20 p.m. update:

Judge Dorow finishes the last of jury instructions. Brooks, with a Bible open at his table, sat through all 76 counts and directions for jurors.

Judge Dorow is now picking the alternates for the jury.

5:27 p.m. update:

Brooks finishes his closing statement. Jury is taking a break.

4:40 p.m. update

Brooks begins his closing statement.

4:10 p.m. update:

Brooks is refusing to give his closing statement because he wants to argue jury nullification.

Judge Dorow sends the jury back out.

3:40 p.m. update:

Closing statements are underway. It is possible the jury could begin deliberations Tuesday evening.

2:40 p.m. update:

Brooks will not be in the courtroom for the state's closing argument.

WATCH: Judge Dorow says Brooks forfeited his right to be present.

Brooks will not be in the courtroom for state's closing argument

The jury will be entering soon.

2 p.m. update:

Court resumes. Each party has an hour to make their closing arguments.

1 p.m. update:

Court will resume with closing arguments at 2 p.m. CST/3 p.m. EST.

12:47 p.m. update:

That wraps up the first part of jury instructions. Closing arguments to follow after lunch. Each party has an hour for closing.

11:40 a.m. update:

So far, the judge is 41 pages in, out of 73. They'll have to break for lunch late if she wants the first round of instructions done before lunch. Right now, we're in another recess because Brooks is coming back to the courtroom.

11:30 a.m. update:

The judge asked Brooks: are you willing to refrain from raising subject matter jurisdiction if you come back to the courtroom? Brooks won't commit. He tells the judge their back and forth has been less volatile today. Judge says she still had to start jury instruction an hour late because of him.

Brooks is looking for points with the judge: less volatile exchanges today, he says. Not interrupting you. But, he won't agree to Dorow's demands that he pledge to honor decorum of court and not address subject matter jurisdiction. Still, she's letting him back in.

10:35 a.m. update:

It appears Mr. Brooks was trying to get Judge Dorow's attention. It didn't work. She's cruising through jury instructions, and he's back to taking notes at his defense table in the second courtroom.

73 pages before closing arguments. This is going to be a grind.

9:55 a.m. update:

The judge is now reading jury instructions to the jury.

9:45 a.m. update:

We're back again. The judge now, for the record, cited statutes and explained the reason for removing Brooks to the neighboring courtroom. The judge says she won't let Brooks back in unless he "pledges" not to be disruptive. He must write down his request to return to the courtroom.

9:42 a.m. update:

WATCH: The moment Judge Dorow sent Brooks out for a second time

VIDEO: The moment Judge Dorow sent Brooks out for a second time

9:32 a.m. update:

In recess again. "You are merely attempting to delay. Mr. Brooks, I am having this jury out," said Judge Dorow.

Brooks refused to stop talking when the door opened to bring in the jury.

"The door is open and he's talking. Mr. Brooks is going to be removed."

Can the judge possibly bring him back again?

9:21 a.m. update:

The judge, after explaining the decision to toss Brooks, says he's told bailiffs he'd like to come back. So, she's going to bring him back. She says she's willing to admonish him in front of the jury if it comes to it. Another recess now to bring him back.

9:18 a.m. update:

The jury was quickly sent back out because Brooks "disobeyed a direct order from the court."

"I will ask you one more time -- can you pledge to be quiet?" the judge asked.

The judge said she simply wants to get through jury instructions without interruption.

Brooks didn't answer her question. He kept asking: "Have I acted in dishonor?"

He's been sent to the second courtroom for the reading of jury instructions. Judge Dorow is going to keep things moving.

9 a.m. update

The Darrell Brooks trial is now taking a short recess. The judge will bring out the jury after that to start instructions. Brooks is not happy that the evidentiary phase of the trial is over. The judge said he had his chance to enter what he liked and to testify.

8:47 a.m. update:

According to the court, we expect today the judge reads jury instructions; the state and defense give closing arguments, 1 hour each side; jurors sequestered; alternates selected before deliberations; if conviction, sentencing could be immediate, according to TMJ4 sister network, Court TV.

RECAP OF COURT PROCEEDINGS FROM MONDAY, OCT. 24

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 any more 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.

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.

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