Darrell Brooks trial: Judge, defendant spar over objections

WAUKESHA, Wis. - The trial of Darrell Brooks resumed Friday, Oct. 14 more testimony and interruptions by the defendant, who is accused in the Waukesha Christmas Parade attack.

The state called five witnesses – including four police officers, some of whom were off-duty at the parade – to wrap up the first full week of testimony in the trial.

Brooks was seen reading a bible as court concluded, and the judge read the jury instructions.

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Brooks trial timeline: Friday, Oct. 14

8:54 a.m.: Case called for Day 10 of jury trial

9 a.m.: Jury enters

Jury quickly excused due to Brooks' interruptions

9:10 a.m.: Jury enters again

Craig Liermann, Franklin assistant police chief, testifies for the state

Assistant District Attorney Zachary Wittchow questions Liermann

Brooks cross-examines Liermann

Ralph Salyers, Wauwatosa police officer, testifies for the state

Wittchow questions Salyers

Brooks cross-examines Salyers

11:12 a.m.: Court takes morning recess

11:30 a.m.: Jury enters, court resumes

Bryce Scholten, Waukesha police officer, testifies for the state

Wittchow questions Scholten

Brooks cross-examines Scholten

12:58 p.m.: Court takes recess for lunch

2:03 p.m.: Court resumes after lunch recess

2:05 p.m.: Jury enters

Christopher Moss, Waukesha police officer, testifies for the state

District Attorney Sue Opper questions Moss

Brooks cross-examines Moss

3:17 p.m.: Jury excused, court breaks to address legal issue

Brooks, Judge Jennifer Dorow spar over his objections and unproven jurisdiction claims

3:46 p.m.: Jury returns

Carlos Arechiga Nolasco, Waukesha resident, testifies for state

Wittchow questions Arechiga Nolasco

Brooks cross-examines Arechiga Nolasco

5:05 p.m.: Judge reads jury instructions

5:06 p.m.: Court recesses for the day, to reconvene Monday, Oct. 17 at 8:30 a.m. 

Brooks raises issue

Moments after the jury was brought into the Waukesha County courtroom, Brooks raised an issue with paperwork that was left at his position – paperwork Judge Jennifer Dorow said needed to be taken up with the clerk of courts, and was not going to be addressed in court.

Brooks questioned this loudly, and the jury was escorted back out of the courtroom.

"The jury will disregard the statements Mr. Brooks is making about jurisdiction. It has no basis in the law," Dorow told the jury.

Dorow went on to tell Brooks the issue he was raising was irrelevant and threatened to have him moved to an adjacent courtroom if interruptions continued. Thursday, the judge said, Brooks interrupted 17 times – not including a 50-minute rant.

Brooks kept up with his interruptions and demands of the court, Friday. Dorow proceeded to take another break – to let Brooks "cool down" – before testimony began for the day.

Brooks, judge spar over objections

The judge dismissed the jury to explain bias as it relates to the court Friday afternoon. Brooks was trying to ask witnesses about media coverage, and Brooks claimed the judge ignores his objections.

"I am an umpire of this court, sir," Dorow said.

"Are you kidding me?" Brooks replied.

Brooks accused Dorow of being unfair. Dorow told Brooks: "Your ignorance of the law is not a defense for any of this."

During the spat, Brooks repeated his claims of unproven jurisdiction. FOX6 News obtained a document, filed with the court Friday, providing proof of jurisdiction after Brooks' repeated comments.

Oct. 14 testimony

Craig Liermann, Franklin assistant police chief

First to take the stand for the state Friday was Craig Liermann, assistant police chief for the Franklin Police Department.

Liermann testified that he attended the Waukesha Christmas Parade with his family – as a civilian. He said he and his family wanted to get in the holiday spirit. 

The assistant police chief talked about when the driver of a red SUV came barreling down the parade route. He said the SUV's engine was revving higher than a vehicle normally would – almost like it was in the wrong gear.

"As it got closer, I was concerned there was a mechanical issue or a parade participant was having a medical emergency," Liermann said.

Liermann told the court he was roughly 10 feet away from the SUV, and that he got a good look at the driver – describing him in detail. He said the driver stuck his head out of the window and looked behind him "to the point that I thought he might fall out."

Also, Liermann talked about how the SUV drove through the Catholic Community of Waukesha group on the parade route.

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"When he drove through that group, he struck many of them, run over. I could see people come out from under the vehicle," Liermann said.

Liermann told the court he never saw the SUV slow down, never saw brake lights and never heard a horn honking from the SUV.

"There was no panic, no distress. It seemed to me like he was excited about what he was doing," Liermann said. 

The off-duty assistant police chief said he rendered help to two people, including a child, who were hurt. 

During his cross-examination, Brooks asked Liermann if the state was paying him to testify. He also asked if any video showed the SUV's driver hanging out of the window. Liermann answered "no."

"You saw the driver looking back, hanging out the window, looking all concerned – all in a few seconds?" Brooks asked. Liermann said "yes."

Brooks also asked if it was possible for a vehicle's engine in the wrong gear, causing the driver to lose control. Liermann said "I guess."

Ralph Salyers, Wauwatosa police officer

The second person to take the stand for the state was Ralph Salyers, a Wauwatosa police officer. He testified that his daughters were walking in the Waukesha Christmas parade with their dance team. 

Salyers said he attended the parade with his family – as a civilian. They watched the parade from the southeast corner of Maple and Main. After his daughters passed by in the parade, Salyers said his family left to pick up his daughters at Cutler Park. From there, they decided to head home. 

As he was walking toward his vehicle, Salyers testified that he saw an SUV driving in an alley by Maple Road and heard a crash. He then observed the damaged SUV. 

"I saw the driver come out and look at the front of the vehicle and yell ‘(expletive)’," said Salyers. "He appeared to be panicked. He went back and got items out of the driver's side of the vehicle and then ran southbound." 

During cross-examination, Brooks asked Salyers how he was able to see the SUV turn down the alley and why he kept walking.

"I thought I witnessed a hit-and-run crash. I had no idea what happened at the parade," Salyers said.

Salyers added that he later walked over to the SUV and said there were no license plates on it. He also said he "recognized the driver when I saw him on TV and social media." Salyers identified the driver as Brooks. 

Bryce Scholten, Waukesha police officer

After a 15-minute break, the state called Bryce Scholten to the stand. He is a city of Waukesha police officer. He told the court he was working on the parade route when he heard over his radio the call for service for a domestic disturbance in Frame Park – which was east of his location. 

"I started hearing radio traffic about a reserve officer or community service officer requesting an ambulance because someone had been hit," said Scholten. "It was tough to piece all together. I didn't know exactly what was going on."

Scholten told the court he initially believed it was connected with the domestic incident. However, after a few minutes, he realized something was happening. That's when he walked away from his post, past his barricade and into the parade route. He could only see 100 yards or fewer, at that point he heard more screams. At that time, Scholten said he saw a red blur come past the Wisconsin House westbound. 

"I realized what had happened at that point. There was extreme damage to the vehicle that point. Damage you’d see in a traffic crash between two vehicles," said Scholten. "At that point, between all the screaming I heard, everyone calling for ambulances and help, I knew now people had been hit by a vehicle."

Scholten said he "had to use deadly force" and began shooting at the SUV as it passed him. He said the vehicle seemed so close he felt like he could've touched it.

The officer told the court he only saw one person in the SUV, and identified that person as Brooks. 

Brooks started his cross-examination by asking Scholten about the Frame Park incident. He also asked if there were officers assigned to the parade barricades.

"Yes, this map shows, it appears, where everyone was for there assignments that day," Scholten answered.

Brooks also asked if the barricades would stop someone from wanting to exit the parade route and if they could drive right out if they were leaving.

"Yes – there are plenty of ways to get off the parade route," said Scholten.

Brooks asked Scholten if he was "shooting to kill," but Scholten said "no." 

"I'm trained to stop the threat. You were the threat," Scholten told Brooks during questioning. "The vehicle was just what you were in and using."

Following Scholten's testimony, the court broke for lunch.

Christopher Moss, Waukesha police officer

The state called its fourth witness, Waukesha Police Officer Christopher Moss, after returning from lunch. He marched the entire parade – leading it as a member of the Honor Guard/Color Guard unit.

Moss said he worked a 5 p.m. to 3 a.m. shift the day of the attack and heard calls about a man with a knife at Frame Park. He responded to the parade and met up with Scholten.

"I heard fellow officers screaming, requesting backup," Moss testified. "Upon arrival, it was absolute chaos. There were civilians on the ground in every direction I looked."

Moss told the court a man waved him down and said he knew where the vehicle was that drove through the parade. With that man in his squad, Moss drove down Main Street and onto Maple – finding the vehicle in a driveway.

"There was clothing embedded in the hood," said Moss.

The officer said the license plate came back to Brooks' mother, and another officer found Brooks a few blocks away. Also, Moss said paperwork inside the vehicle identified Brooks.

Brooks began his cross-examination, but the judge asked the jury to leave. Dorow told Brooks that his line of questioning for Moss – asking what the man who waved him down told him – is hearsay. When the jury was brought back in, Brooks mumbled under his breath.

Brooks continued his cross-examination, asking Moss if he knew if the vehicle was tampered with before he found it.

"Yes, it's possible," Moss replied.

Carlos Arechiga Nolasco, Waukesha resident

The final witness called by the state Friday was Carlos Arechiga Nolasco. He testified he saw the red SUV park outside his home and saw someone get out and leave the area.

"My first instinct was, like, who is this? I hope our cars are OK," he said of finding the "beat up" SUV.

Arechiga Nolasco described the damage to the SUV, mostly to the hood. He also described seeing the person, who he did not recognize, getting out and leaving toward the road. He said he did not see anyone else from his field of view at the time and that he was looking through his blinds.

When he and some others went to look at the SUV that was left in the driveway, he said he saw some people running who "looked scared." He said police told him to go back inside. At the time, he did not know what happened at the parade.

Upon cross-examination, Arechiga Nolasco again described the SUV as "beat up." Brooks asked the witness to describe how the person got out of the SUV.  Arechiga Nolasco said the driver jumped over the hood.

Brooks asked the witness to describe at length and define things like "evading" and "scratch." Arechiga Nolasco said he had peeked through his blinds after hearing a "big scratch" such as "metal on concrete."

Arechiga Nolasco also described some damage to the driveway and oil and debris that was left behind. He also said what he saw "happened in a flash," just a few seconds.

"Our house was sort of in the whole mess," Arechiga Nolasco said. "We were pretty shaken up – sort of scared, sort of frustrated, too."

The witness also reiterated seeing people, apparently scared, running. He added that police arrived "fairly quickly" after that.

Christmas parade attack

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. 

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.