Law&Crime Sidebar - Top 5 Wildest Moments From Darrell Brooks Trial Thus Far

Episode Date: October 6, 2022

Opening statements began Thursday in the trial of Darrell Brooks, the man charged with plowing into the Waukesha Christmas parade last year killing six people. Law&Crime's Angenette Levy and former prosecutor Bernarda Villalona recap the top 5 wildest moments from Brooks' trial thus far.GUEST:Bernarda Villalona: https://twitter.com/VillalonaLawLAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokePodcasting - Sam GoldbergVideo Editing - Michael Deininger & Logan HarrisGuest Booking - Alyssa FisherSocial Media Management - Kiera BronsonSUBSCRIBE TO OUR OTHER PODCASTS:Court JunkieObjectionsThey Walk Among AmericaCoptales and CocktailsThe Disturbing TruthSpeaking FreelyLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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will keep you on the edge of your seat. Don't let your fears take hold of you as you dive into this addictive series. Love thrillers with a paranormal twist? The entire Oracle trilogy is available on Audible. Listen now on Audible. Mr. Brooks, you just interrupted me within a minute of us starting this case here today. I'm asking you to respectfully not interrupt me. That's the second time so I can go through the list of things that I need to get through this morning. The trial for Daryl Brooks, the man accused of driving through the Waukishaw Christmas parade last year, killing six people, begins, and Brooks is representing himself as a sovereign citizen.

I'm Ann Jeanette Levy, and welcome to Law and Crime's Sidebar podcast. Daryl Brooks faces 76 counts in Wauauau County. Six of those counts are intentional homicide. And we're looking at the top moments of the Brooks trial. so far with opening statements beginning Thursday. The day started with Waukesha County Judge Jennifer Doro asking Brooks to put on a suit. It is your choice though.

Are you willing to go back to your cell and put on your suit? It is my right to do so or to not do so. And at this point, Your Honor, who doesn't know that I'm in custody? Mr. Brooks, I've had many trials with individuals who are in custody, and when I've talked to the jurors after the conclusion of the case, they had no idea. The whole point of allowing for street clothing is not only to shield jurors from the fact that you are in custody, but also you being in a suit and a tie or other street clothing, I think also lends to the dignity of the proceedings. This is a trial. Again, it is your choice. Are you willing

to go back to your cell and be dressed in the street clothes that you previously appeared in? What all due respect, I do not agree with that assessment whatsoever. There's no possible way that anybody will not know that I am in custody. I think that's a well-known fact because it's reported on every day in the media. It's shown every day on the news. Where I am, what jail I'm housed in, and that I'm in custody. It's virtually impossible for anybody to not know that I'm in custody. And joining me to discuss this is Bernardo Villalona. She is a defense attorney and a former prosecutor. Bernardo, welcome to sidebar. Thanks for coming on. Thank you for having me, and Jeanette. I don't think I've ever seen a judge in all my years covering court cases have to tell

a defendant, we need you to put some clothes on that are appropriate for court. You need to put on a suit. What did you think when this started this morning? So in 18 years, practicing in criminal law as a prosecutor as well as a defense attorney, I have never heard a judge tell a defendant put on some clothes because usually that's the very basic in every trial, in every case where the defendant, the number one, they take into account is I want to be professionally dressed so a jury can watch me and be able to judge me fairly because of one, the clothes that I have on. Remember, first appearances are the most important. Let's take look at another clip where the judge obviously got frustrated with Brooks.

I have interruptions. I have shocked on the record while we do that. I don't agree to a stop where I move for a motion to dismiss for being under duress and being coerced into a contract that I did not consent or agree to. I have a right to be present for trial. Now, Bernarda, what is your take on how the judge is handling this thus far? this is something that we don't see very often, someone saying, I'm going to represent myself, I'm a sovereign citizen, and his behavior is just kind of beyond the pale.

So what makes this case stand out from a lot of other cases, I have seen defendants represent themselves even in homicide cases in New York. However, in those cases, the judge always gives standby counsel to be present doing the entire trial to be able to assist the defendant. But in this case, as you can see, there is no standby counsel because that's not. applicable in the state of Wisconsin. So this is a huge issue in terms of the defendant's behavior and also how he's going to represent himself because he is totally on his own. Now let's take a look as Brooks returned to the courtroom without a shirt. All right, we are back on the record. Appearances are as they were before. I need to make a record that at 842 a.m., this court

ordered Mr. Brooks be removed from the courtroom due to repeated interruptions and disruption with the court. This, of course, comes on the recent history with Mr. Brooks. On every day that we have been in court since Monday, he has shown a complete and utter disrespect for the simple rules of civility. He has been removed from the courtroom multiple times. This morning alone, he started interrupting this court within a minute of the court calling the case. I should also make a record at the moment he is muted because of the way that he was removed from the courtroom and his conduct since. I have been given just a bit of information about it. I will advise everyone that I have required that the Sheriff's Department file a written report with the court.

regarding Mr. Brooks' conduct, I'm told that he would not sit down while in this courtroom in order to have the shackles removed so that he could be taken to the other courtroom, that he was resisting, that at one point he took off a shoe, and it appeared to the deputies that he was going to throw the shoe. So, Bernardo, in that clip, she's discussing how Brooks had to be removed from the courtroom. Your take. She was right in having him removed from the courtroom. It is so sad that we're seeing mental health breakdown taking place right before our eyes. And especially in a case when you're talking about this man having killed six people.

But to the extent that this man, Darrow Brooks, has now taken off his shirt, now that is something you definitely don't see in the courtroom. And it was appropriate for the judge to have him removed and also tell him to put on a shirt. And then there was discussion about a mental health exam that had been performed on Brooks. earlier this year. Attorney Opper and I do appreciate you raising that with the court because I share your observations that you've just noted on the record. I would adopt them fully as if they were my own and make them part of the findings that I've already made on the record.

Obviously, I personally haven't listened to the jail phone calls that you reference, but I do take your statements as an officer. of the court. I look forward to further reviewing them, if need be, changing any conclusions that I've reached here today and I would require you to file that exhibit so that that can be part of the record as well. I would also add to what you have just stated.

This court has read through not one, not two, not three, but four evaluations related to the special plea that was withdrawn. And those are very recent evaluations where the examiners met face-to-face in the jail or in an appropriate visitation room with Mr. Brooks, either in July or August of this year. And every single one of those individuals did a mental status exam that's noted in their reports. Frankly, the behavior that we're starting to see here is no different than some of the behavior. that was noted by those examiners as well. So basically, Bernarda, it sounds like they're saying, look, the guy's competent.

You know, he's undergone a mental health exam. So your thoughts on that? Well, it's important for the judge as well as the prosecutor to put on the record that Mr. Brooks has been evaluated. And based on that evaluation, he is competent to proceed. He is competent to be able to understand what is going on in the courtroom. and also the roles of the different players. That's why it's so important to constantly remind the court as well as the parties and the public

that this man has been clear to be able to move forward. So while we're seeing all these crazy performances by Darrell Brooks, in the end you have a doctor who said that Mr. Brooks is competent to proceed to trial. And prosecutors actually asked Judge Doro to reconsider a decision she had earlier made. they were worried about these witnesses being shown, but this is what Judge Doro had to say about the prosecutors requesting that the victims in this case and witnesses not be shown. Mr. Brooks, my first question to you is, um, do you have a position on the state's request in their motion for reconsideration? I'm looking for a yes or no answer. If you, I'll unmute and

provide that to me. Go ahead. I didn't hear what they said. I just put the headphones on, so I didn't even hear what she said. It's a written document that was filed, and you were provided a copy of that yesterday. We took a recess yesterday so it could be served upon you. If you haven't read it, that's your choice. What I'm asking you is, do you have any position on their request for this court to reconsider the denial of the courts, sort of the denial of the state's request to prohibit the photography and video recording of victim? and witnesses and specifically their faces while they testify.

A ruling was already, we already talked about that. You already ruled that the victims and witnesses will be shown. That was already ruled on. You are correct, but they filed a motion for reconsideration. That's a, that's the document that was provided to you yesterday. I'm asking if you have any position on the request that I reconsider my ruling. ruling? Yeah, it was, it was everything supposed to be public. This is a public trial. Bernardo, I think it would have been rare and I worked in Wisconsin for many years, covered

many trials up there. I think it would have been really odd for the judge to say, yeah, we're going to have cameras in here, but we're not going to show any of the witnesses. Absolutely. Because remember also the public has a right to know what's going on in criminal cases. Remember that courtrooms are open to the public to the extent also that a defendant's conviction can be reversed if it's determined that the public was not allowed. And that has happened in many cases here in New York. So in terms of I was concerned a bit if the witnesses wouldn't be shown, I understand that yes, is an issue in terms of safety, but also their own condition in terms of testifying and to know that they're being videotape and being shown to the public. That is a

concern. But we also, as the judge correctly, ruled that we have a public right and to view a trial of such huge concern to the community. Yeah, I think the community needs to see and hear it, especially in a case, as you said, that's as big as this one. Well, Bernardo Villalona, former prosecutor, currently a criminal defense attorney, thanks so much, as always, for your time. And for coming on, we appreciate it.

Thank you for having me, and you know that. And that's it for this edition of Law and Crime Sidebar podcast. It is produced by Sam Goldberg, Logan Harris, and Michael Dininger. Bobby Zoki is our YouTube manager. Alyssa Fisher handles our bookings and Kiera Bronson does our social media. You can listen to and download Sidebar on Apple, Spotify, Google, and wherever else you get your podcast. And of course, you can watch it on Law and Crimes YouTube channel. I'm Ann Janette Levy, and we will see you next time.

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