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WUWM's coverage of the Darrell Brooks trial. He is the Milwaukee man accused of using his SUV to kill six people and injure dozens more at the Waukesha Christmas parade in 2021.

Judge in Waukesha parade case rules against motion to dismiss; defendant has outburst in courtroom

Waukesha County Chief Judge Jennifer Dorow
Chuck Quirmbach
/
WUWM
Defendant Darrell Brooks being taken out of the courtroom on Friday. The image was shown on a television monitor in the courthouse media room.

Updated at 2:31 p.m. CDT

On Friday, the chief judge in Waukesha County denied a defense motion to dismiss the case against the Milwaukee man accused of killing six people and injuring dozens at Waukesha's Christmas Parade last November. The motion stemmed from defense concerns about the way law enforcement conducted a recent search of defendant Darrell Brooks's cell at the Waukesha County Jail. That search occurred after Brooks changed his plea from not guilty to not guilty by reason of mental disease or defect.

Waukesha County Chief Judge Jennifer Dorow speaks during Thursday's hearing at the Waukesha County Courthouse. Her image was shown on a television monitor in the courthouse media room.
Chuck Quirmbach
/
WUWM
Waukesha County Chief Judge Jennifer Dorow speaks during Thursday's hearing at the Waukesha County Courthouse. Her image was shown on a television monitor in the courthouse media room.

Circuit Judge Jennifer Dorow also denied a defense motion to suppress information gained from two police interviews with Brooks in the first 24 hours after the parade incident.

After Dorow made her rulings, prosecutors noted for the court that Brooks appeared to be sleeping or not paying attention to the proceedings. Dorow then ordered about a 20 minute break.

After the parties came back to the courtroom, but before court officially resumed, Brooks sat in his chair and began to speak loudly. Dorow informed the defendant that the livestream of the courtroom had been activated.

He replied, "I don't care about no livestream, just like y'all don't care." He continued, "All this is political. It's the show. Y'all are being told what to do."

Dorow responded, "Mr. Brooks, look at me for a minute."

Brooks continued, "Y'all sit up there and act like you know me. People like you know nothing about where I come from."

As bailiffs moved behind Brooks's chair, he complained that the officers were pushing against him. One replied, "Don't push back then." Brooks then said, "Don't put your hand on me, dude."

Dorow, standing several feet away at her chair, said, "Nobody put their hands on you." Brooks said, "They better not put their hand on me."

Dorow then ordered a break of about 105 minutes, and warned Brooks that continued interruptions would forfeit his right to be in the courtroom. Balilffs then led Brooks, whose hands were already in restraints, out of the courtroom, as he continued to tell them to take their hands off him.

When court resumed at 12:30 p.m., things were calmer. Dorow asked Brooks about his health and ability to help take part in his defense. Brooks' attorney, Jeremy Perri, said he was not raising a concern at this time. About 80 minutes later, Brooks had Perri ask Dorow if Brooks could be returned to his cell, and not be present for discussions about a jury questionnaire and whether to strike certain people from the potential jury pool.

Dorow then asked Brooks and Perri about Brooks' request, with Brooks answering, "I don't want to be here."

Dorow then allowed Brooks to return to his cell, but told him he could come back at any time, after informing jail staff of his change of mind. Brooks was escorted out of the courtroom about 2 p.m.

Original story

On Thursday, Circuit Judge Jennifer Dorow heard arguments on several legal motions from county prosecutors and the defense team representing Darrell Brooks.

It was win some, lose some for both sides.

In one decision, Dorow went along with a defense request to lower the number of charges against Brooks from 83 to 77. Brooks still faces six counts of intentional homicide for allegedly using his vehicle to kill a half dozen parade participants and onlookers.

But Dorow agreed to strike six counts of a lesser charge — homicide by intoxicated use of a vehicle.

Her ruling came after defense lawyer Jeremy Perri argued having both sets of charges was excessive. "The prohibition about being charged, being convicted of both the greater and the lesser. And so, we'd ask that those counts be stricken as multiplicitous," Perri said.

Defendant Darrell Brooks, as his image appeared Thursday in the courthouse media room television monitor.
Chuck Quirmbach
/
WUWM
Defendant Darrell Brooks, as his image appeared Thursday in the courthouse media room television monitor.

Brooks is also still charged with more than 60 counts of first degree recklessly endangering safety, as well as several counts of hit and run, battery and bail jumping.

But he won a second victory Thursday when Dorow blocked a prosecution attempt to admit other acts involving Brooks as evidence — specifically a domestic violence case from Milwaukee that allegedly took place a few weeks before the Waukesha parade.

The prosecution appears to be doing better with a motion to have the eventual jury get in a bus or a van and view the parade route.

District Attorney Sue Opper described part of what she has in mind: "My suggestion is we wouldn't necessarily make public the day or time we're doing this. It maybe is wise to do it at a time when the downtown area is not as likely to be as full of people. As I've offered, I believe we can secure the area."

Dorow approved the general concept, but did ask for a more specific plan within the next two weeks. Brooks's lawyers said they do want to see the specifics.

The judge is also open to a prosecution idea to have the jury see the vehicle the defendant allegedly used to hit people, perhaps having the viewing at a secluded site at the Waukesha Expo Center.

A jury trial is slated for October.

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