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Darrell Brooks trial continues, state to not rest case on Friday as once planned

The state had planned to rest their case today, but that likely won't happen.
Christmas Parade SUV
Posted at 8:12 AM, Oct 14, 2022
and last updated 2022-10-15 13:32:16-04

WAUKESHA — The trial continues for Darrell Brooks, the man accused of killing six people and injuring dozens more after driving an SUV through the Waukesha Christmas Parade in 2021.

Prosecutors allege Brooks, 40, hit and killed six people and injured scores of others with an SUV on Nov. 21 in the Milwaukee suburb of Waukesha. Police said he turned into the parade after fleeing a domestic disturbance, though officers were not pursuing him at the time.

The 76 charges he faces include six counts of first-degree intentional homicide. Each of those counts carries a mandatory life sentence. Brooks has been acting as his own attorney since he motioned to dismiss his attorneys and act as his own defense.

On Friday, Judge Jennifer Dorow excused the jury just minutes into court to admonish Brooks.

"For being disruptive and for bringing up irrelevant matters in front of this jury, you will forfeit your right to be present for the direct examination of this witness," said Dorow. She threatened to but stopped short of sending him to a second courtroom.

The state next called its first witness of the day, Franklin Assistant Police Chief Craig Liermann, who was at the parade with family. He said he knew something wasn't right, and that he could see a vehicle traveling from east to west on Main Street. He said he eventually saw the driver.

"I would describe him as being in an excited state, not in a state of panic. More excited or almost happy about what was going on. Not panicked or scared," said Liermann.

Day 10 of the trial was full of powerful testimony from police officers, several of who identified Brooks in court as the man they saw driving the red SUV.

Combined, Brooks spent several hours cross-examining witnesses, questioning them on the use of his name — which he refuses to identify by in court — and whether or not they know who the plaintiff is in the case.

Brooks and Judge Dorow sparred more than once over his cross-examination methods and attempts to question the jurisdiction of the court.

"I'm like an umpire in a baseball game, sir. I call and see the legal objections as I see them. That is my role, and that is what I do," said Dorow.

"Are you kidding me?" said Brooks.

Earlier this week, the state indicated it had hoped to rest its case by Friday. That's no longer possible, with state witnesses expected to testify possibly as late as Tuesday.

To get the latest information on the trial of Darrell Brooks, view our reporting in this article and the live tweeting from our reporters in court.

LATEST UPDATES FROM COURT: LIVE BLOG, FRIDAY, OCT. 14

1 p.m. update:

Darrell Brooks wrapped up his cross-examination with Scholten. During the examination, he asked Scholten if he was shooting at the SUV driver with the intent to kill. He called the shots "kill shots" and kept questioning Scholten, who was referring to Brooks and the suspect as, "you."

Watch part of the examination:

Darrell Brooks cross-examines officer who shot at driver during Waukesha parade attack

11:45 a.m. update:

Waukesha Police Officer Bryce Scholten has been called to testify. He said, "I remember making the decision the easiest shot would have been through the windshield." But he waited, concerned about hitting parade-goers. He said he saw the driver as the SUV passed, and then fired. He identified Brooks as the driver.

11:30 a.m. update:

Court took a 15-minute break after two witnesses. Brooks, Judge Dorow, and the jury have now returned to court. Both witnesses took longer than expected so it seems there will be a late lunch today.

11:00 a.m. update:

Wauwatosa Police Officer Ralph Salyers was the next witness called to the stand. He testified that he saw the SUV after it had driven through the parade. He said he saw a man get out, look at the front of the vehicle which was damaged, yell f***, and then get back in the car and drive off.

Salyers then identified Brooks as the man he saw driving the SUV, saying he was "100% confident."

10:30 a.m. update:

Brooks conducted a rather lengthy cross-examination of Liermann.

Upon redirect with the state, Liermann indicated he wasn't sure at first if the driver was having a medical emergency or if there was mechanical issue.

Liermann said, "It changed when I saw the driver and his body language. I would describe him as being in an excited state. Not in a state of panic. More excited or almost happy about what was going on. Not panicked or scared."

9:50 a.m. update:

Liermann continued to testify on the specifics of the tragedy. He said, "he [the driver] grabbed the steering wheel. He pulled himself up off the seat and cranked the steering wheel to the right. Unfortunately, when he did that, he essentially steered the vehicle across the parade route at a diagonal angle, through a group of people."

Liermann said he rendered aid that evening. He encountered a man who couldn't feel his legs and a young girl who wasn't breathing normally. Both had been hit by the SUV.

When Brooks began his cross-examination, he asked Liermann if he was on the clock. Liermann said yes.

"Any reason why you would be getting paid to testify? ... So the state is paying you to testify," Brooks asked.

Liermann said the City of Franklin is paying him to testify, as these are his normal work hours.

9:15 a.m. update:

After a brief recess, the jury was brought back into the courtroom. Brooks was still protesting quietly at his defense table.

The state called its first witness of the day, Franklin Police Assistant Chief Craig Liermann. He attended the parade with his family.

"Then I realized something wasn’t quite right. I could see a vehicle traveling from the east to the west. At first, I could only see the top portion of the vehicle," Liermann testified. "As it got closer to me, I could hear the engine was running very high, almost like it was maybe in the wrong gear. It was revving much higher than a typical car. Definitely grabbed your attention."

9:07 a.m. update:

Not even two minutes into court and Brooks has started arguing over subject matter jurisdiction. Judge Dorow called it an "irrelevant matter."

"This is an irrelevant matter you're attempting to bring up in front of the jury. The jury is here, please show respect for decorum," Dorow said.

She excused the jury. Brooks and Dorow went back and forth before Dorow called a brief recess so Brooks could calm down.

Watch Brooks' outburst and Dorow's response:

Darrell Brooks, Judge Dorow argue as proceedings commence Friday

RECAP ON TRIAL ON THURSDAY, OCT. 13

On Thursday, the state called Laura Thein, a member of the Milwaukee Dancing Grannies, to testify.

She spoke about fellow dancer and friend Ginny Sorenson who was struck and killed by the SUV during the Waukesha Christmas Parade tragedy.

"She was close to everybody. We were like sisters," said Thein. "And if you had a problem, she would always ask you about it."

The state showed video evidence during the proceedings, and at one point, a man in the gallery buried his face in his hands and plugged his ears to avoid seeing and hearing the video.

After Thein's testimony and a recess, Brooks was allowed to rant for more than 50 minutes. He challenged the jurisdiction of the court and claimed that his constitutional rights are being violated.

Judge Jennifer Dorow then gave the state the opportunity to respond at which time, District Attorney Susan Opper called Brooks' rant "nothing more than legal mumbo jumbo."

"He has an agenda here. It's to stall, delay, disrupt, intimidate, and it's not going to work."

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