Darrell Brooks trial: Who did the defendant call to testify?

WAUKESHA, Wis. - Darrell Brooks began the presentation of his case-in-chief Thursday, Oct. 20 in the Waukesha Christmas parade attack trial after delivering an emotional deferred opening statement to the jury. Brooks is representing himself in this case.

Brooks took off the face mask he had been wearing during the trial and wept during his opening statement, telling the jury, "There's two sides to every story."

He told the jury the parade incident "was not planned" and "was not intentional."

He said, "When it’s time for you to make your decision, all of you, I believe that… you’ll make the right decision."

Prosecutors are trying to prove that Darrell Brooks was behind the wheel of the red Ford Escape that drove through the Waukesha Christmas Parade route on Nov. 21, 2021, killing six and injuring more than 60. Brooks faces 76 counts in the case, including six counts of first-degree intentional homicide. One homicide conviction would put him behind bars for life.

The state, which rested the same day Brooks called his first witness to the stand, tried to lay out that Brooks, in rage after a fight with Erika Patterson, his ex, near Frame Park, barreled through the parade in his red SUV, hitting people and not stopping.

Brooks was arrested shortly after the attack. Prosecutors say he showed up at a nearby home, banging on the door, asking for a ride. The SUV was parked nearby.

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During the two-week presentation of the state's case-in-chief, Brooks' defense seemed to be focused on identification of the driver of the red SUV at the parade, the intent of that driver, along with Brooks' "sovereign citizen" arguments. These include his statements that he does not consent to being called the name "Darrell Brooks," that the state of Wisconsin is an entity, not a person and his belief that only a living, breathing human being can file a claim against someone, prompting his questioning of most witnesses regarding the "plaintiff."

Below is a list of those who testified for the defense in the Darrell Brooks trial, in the order they were called:

1.   Juan Marquez, Waukesha Christmas Parade participant – Marquez was called out of order by Brooks on Oct. 18 during the presentation of the state's case-in-chief due to the need for a Spanish interpreter. He testified he was marching in the Waukesha Christmas Parade with his wife and son with the Catholic Communities of Waukesha when he was hit by a vehicle and thrown between 15-20 feet. He said his body "flew through the air." Brooks let it slip that Marquez originally told the FBI the SUV was black. Marquez told the court he could not remember what color the truck was that struck him on the parade route. Marquez said he never heard a horn honking.

(2.     State of Wisconsin)

Brooks first tried to call the "State of Wisconsin" to the stand as he began presenting his case-in-chief -- part of his "sovereign citizen" arguments. That was denied by the judge.

2.    Nicholas Kirby, acquaintance of Erika Patterson, Brooks' ex-girlfriend – Kirby was the first official witness called to the stand and questioned by Brooks during his case-in-chief. Kirby testified about the fight that took place near Frame Park before the parade attack involving Brooks, Patterson and Patterson's roommate. Kirby was present for that fight. Brooks questioned Kirby about whether there was a knife involved in that fight, and Kirby called that a "misunderstanding." He said he was actually the one who was "knifed" in an unrelated incident and had stitches on his hand as a result. He said after returning Patterson and her roommate to the women's shelter where they were living, he walked back through the area. That's when he "saw a red SUV take off like a bat out of hell down Main Street and go through a crowd of people... with my own freaking eyes."

3.    Heather Riemer, attended Waukesha Christmas Parade with family and friends – Riemer testified she saw the red SUV go through the parade near where she was positioned to watch it. She said she heard a horn honking and did not see it hit anyone. She said she didn't see the driver, didn't get a license plate number and could not see into the vehicle. She testified that she actually saw Brooks before the parade driving the wrong way near a gas station. On redirect, she said "no" when Brooks asked whether she knew if the driver of the red SUV was the same at the gas station and the parade.

4.    Douglas Kolar, attended Waukesha Christmas Parade with daughter – Kolar testified he saw a red vehicle "coming through where the parade participants were going." He said a police officer tried to stop the vehicle, but it sped off. He added that it looked like the vehicle was trying to avoid hitting people. He provided a description of the vehicle and its driver.

5.    Steven Guth, Waukesha police detective – Guth said he made contact with Erika Patterson, Brooks' ex-girlfriend and mother to his child, about an incident at Frame Park. He was asked if he recalled recovering a knife. The state did not cross-examine Guth. The detective previously testified for the state. 

6.    Erika Patterson, Brooks' ex-girlfriend and mother to his child – Brooks questioned Patterson on an incident at Frame Park, which was the same incident addressed in Guth's testimony. Patterson testified that she "didn't tell" police everything about the incident right away. She further described how she knew Brooks. A number of disruptions and the lunch recess came before Patterson stepped down, but there were no more questions. Patterson previously testified for the state.

7.    Deanna Aldrich, Waukesha resident – Aldrich testified she lives on Maple Avenue in Waukesha and that she heard a "large thumping noise" in her neighbor's yard. She found an SUV that was "smashed to smithereens." She said she did not have her glasses on, so she couldn't clearly see who got out of the SUV but later went outside with her glasses. The state did not cross-examine Aldrich.

8.    Christopher Bertram, says he saw "smashed up red car" – Betram said he saw a "smashed up red car" the night of the Waukesha Christmas Parade. He said he didn't get a description of the driver but saw the driver reach down and grab something – possibly a gun. He said he told law enforcement about hearing a lot of gunshots. The state did not cross-examine Bertram.

9.    Jason Hayes, attended Waukesha Christmas Parade – Hayes testified he was at the parade with his daughter. He said he saw a "red truck" come through near Main and White Rock that "honked and swerved." He testified that he did not think the vehicle was trying to hit and kids. Upon cross-examination, he described the driver as someone with a "dark complexion."

10.    Abel Lazcano, attended Waukesha Christmas Parade – Lazcano testified that he was at the parade with his wife and daughter. He said he flagged down a police officer at the scene and identified Brooks as the driver of a red SUV. He said he came across the parked SUV when he was walking with his family back to their car. Upon cross-examination, Lazcano said the SUV was "swerving, plowing everybody out of the way" until it hit someone.

11.    Kathleen Yourell, kids were in the Waukesha Christmas Parade – Yourell testified that she dropped off her kids, who were participating in the parade with Xtreme Dance Team, at the corner of Main and East. She did not recall if there were barricades set up. She said she saw a "car was beeping and weaving" going "right into the parade." She said two of her kids were injured.

12.    Katrice Babiasz, law enforcement dispatch supervisor – Babiasz testified she was at the parade and saw a red SUV that almost hit her daughter. She said the SUV's driver was "honking the horn" and "gesturing." She believed the gestures were meant to tell people to get out of the way. She said she "looked the driver in the eyes" and the driver "looked, like, through me." She also described the driver and seeing barriers but did not see if anyone was hit. However, she indicated she believed the SUV was trying to hit people, specifically mentioning an officer who had to get out of the way. She said officers and other people tried to stop the SUV. The judge sustained an objection that Brooks was badgering the witness, Babiasz.