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Day 16: Brooks forfeits his right to testify; evidentiary phase of the trial is over

By SAM CALDWELL and TREY GARRISON

Update 3:00 pm: After the lunch break, Judge Jennifer Dorow confirmed that closing arguments would begin tomorrow. Both the prosecution and the defense will be allocated an hour to present their final argument to the jury. If the prosecution team uses less than an hour, it can use the remainder of that time in rebuttal. Throughout the second half of the day’s proceedings, Brooks continued to press for time, argue over minutia, and lash out with his usual air of petulance.

When the Judge commented on his reading of the Bible instead of paying attention to her questions or rulings in the court, Brooks scoffed and reminded the Judge that it wasn’t just any book, but THE book. When the Judge agreed with Brooks on the power of the scripture he was reading, he dared to ask her, “how many people live by it, though?”

She also indicated that the jury instructions, which were finalized today and stand at a whopping 107 pages, will take up to six hours to communicate to the jury. She predicted, however, that it is possible to get through all of them as long as Brooks kept his outbursts to a minimum.

She also outlined to Brooks what he could and could not say during the course of his argument.

“I need to preserve how he looks to this jury. I will need a very clear pledge by him that he will follow the rulings I make as it relates to the closing arguments. He cannot raise jury nullification. He cannot raise facts that are not part of the record…”

Judge Jennifer Dorow

After closing arguments, the jury could find themselves deliberating on the case as early as Tuesday evening. Once the jury receives the case, they will be sequestered in an undisclosed hotel until they reach a final verdict. Three alternate jurors will also be sequestered separately from the jury in case they might be needed.

Judge Dorow also claimed that once the jury has deliberated and a verdict is reached, she will grant the jury up to an hour to gather in order to read the verdict open in court. She also stipulated where in the room the victims of the parade attack and Brooks’ family would be able to sit, should they choose to attend.


Waukesha, WI – The 16th day of the trial of accused anti-White terrorist Darrell E. Brooks started with Brooks trying to argue there was a throttle body malfunction on his 2010 Ford Escape, which was denied by Waukesha Circuit Judge Jennifer Dorow, and ended with the judge declaring a close to the evidentiary phase of the trial.

“This court finds he has forfeited his right to testify,” she said.

A full day of jury instructions comes next, and then both sides will present their closing arguments.

Darrell Brooks began his usual outbursts early Monday morning, leading to his removal from the courtroom and an end to the evidence phase of the trial.

Judge Dorow found no legal or factual basis for Brooks’ claim regarding the SUV, which led to Brooks’ first rant of the day. The judge ordered him removed to an adjacent courtroom where he could participate by Zoom. This came at 28 minutes into the morning’s proceedings, which set a record for Brooks.

The alleged murderer and self-admitted anti-White terrorist faces scores of charges for ramming his SUV through the Waukesha Christmas parade last year, killing six White people and wounding more than 60. Among the dead was an 8-year-old White boy. The state’s more than 70 felony charges against Brooks include six counts of first-degree intentional homicide with a dangerous weapon, 61 counts of recklessly endangering safety with a dangerous weapon, six counts of hit-and-run involving death, and two counts of bail jumping.

Brooks failed to produce his mother, Dawn Woods, as a witness, and despite being asked a half dozen times, he failed to answer the judge on whether he had any other witnesses.

After more stalling and arguing, Judge Dorow finally dropped the hammer.

Describing Brooks as stubbornly defiant, disrespectful, and disruptive throughout the trial, Judge Dorow methodically read through extensive case law supporting her rightful power to revoke his right to testify in his own defense.

While sequestered in the other courtroom, Brooks screamed, shouted, and continued to pretend to have issues hearing the judge despite testimony from deputies who asserted that the audio system was completely operational.

The jury was brought back in, and Judge Dorow declared an end to the evidentiary phase of the trial. The rest of the day was taken by a conference between the bench, prosecutors, and to a lesser extent, Brooks, over the scope and contents of the jury instructions that are expected to be read Tuesday.

Judge Dorow made a point to have a sheriff’s deputy and the court IT specialist testify for the record that the audio and visual link to the adjacent courtroom were in working order, despite Brooks saying he couldn’t hear the judge.

Brooks then threw the jury instructions on the floor, and he angrily demanded to know how the judge could revoke his right to testify, but Judge Dorow was quick with the mute button, effectively cutting off his outbursts.

The court said it expects the discussion of jury instructions to take the remainder of the day.

Justice Report will update this story as events warrant.

Jackson Sparks, 8; Tamara Durand, 52; LeAnna Owen, 71; Wilhelm Hospel, 81; Virginia Sorenson, 79; and Jane Kulich, 52, died in the Waukesha parade attack. All of the victims were White.

A live stream of the trial is available here. For background on Brooks and his alleged anti-White hate crimes, read a summary report by Justice Report’s Jack McKraken. To view the National Justice Party/Media2Rise documentary on Brooks and the Waukesha attack, click here.

The Justice Report’s ongoing reporting of the trial of Darrell Brooks will continue to be updated every day until sentencing.

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