Darrell Brooks trial: Brooks questions his ex-girlfriend

I will be advising the clerk to have the jurors brought out and then I'll ask you sir to call the defense next witness can we address subject matter jurisdiction I still has to be proven for the record declined to do so your objection is notified is the audio on objections noted for the record is the audio away so we're not going to address subject matter jurisdiction that has yet to be proven for the rig for the record I have addressed it no you haven't proven yourself and your objections noted for the record proven subject matter jurisdiction for the rig have proven as the prosecution proven so that's the judicial determination that you don't have to answer that you're under being a public service I was talking to my clerk I didn't hear what you asked the jury's coming in you heard what I asked I actually did not come on come on you're on come on now come on now we got to cut that out you know you have to prove the subject matter jurisdiction you know that you have to honor your oath of office you know that thank you everyone please be seated the defense may call its next witness please I'm sure I got the paperwork since I'm being rushed to judgment thank you all right go ahead after Pence calls Erica Patterson arrested judgment good morning Miss Patterson if you would please make your way to the witness stand which is on my right you may recall it's up a riser when you get there please remain standing raise your right hand and my first Teresa goes across from you and on my left we'll square and you win do you solemnly swear that the testimony you're about to give shall be the shrink the whole truth and nothing but the truth that will help you God yeah thank you please be seated first thing I will ask you to do is to State your first and last names for the record Erica Patterson thank you go ahead your Witness are the one spelling tonight I believe it's on the record from previously but go ahead you can spell your first and last names please e-r-i-k-a -p-a-t-t e-r-s-o-n relevant paperwork here thank you [Music] I'm sorry about that one second I'm trying to find this paperwork when you're ready foreign I'm not seeming to find paperwork that I just had on the table some reason good morning Miss Patterson good morning so what do you do for a label all right my CNA certificate um I'm gonna direct your attention to the evening of November 21st 2021 uh do you recall what you were doing that evening Park I've spoken to you Mr Darrell Brooks you came out there that frame Park and met me after Corey Miss Corey separated from me with her friend me and you got into an argument s pursuant to the question I am answer my question I was referring to the judge I don't think I think that kind of got a little ahead of I'll let you interrupt the answer and you can ask a follow-up I I apologize I was instructing the flirt to turn up the volume so go ahead ask your question same question sure what were you doing the evening of November 21st 2021 before linking up with the alleged defendant hanging with my roommate at the time at frame Park and what were you and your roommate doing okay you covered this ground during her testimony previously objection and ground certain I object to that in your grounds for the objection on behalf of the state many of these topics previously so if there's new topics please go to those I'll give you a little bit of leeway uh to lay some Foundation but go ahead and ask a question that's what the objection is from the state is overruled do you remember the question you guys see what am I doing at the at the parking Corey is that your question yes we were drinking I was drinking my car beverage do you recall um around what time of the evening it was when you and your roommate arrived at the park I do not remember we left where we were staying the afternoon a little bit around afternoon do you recall um do you recall having any phone interactions during that time you and your roommate were at the park full interaction yes do you recall who they were with you what do you mean by you Daryl Brooks is that usually the name you refer to the alleged offended by no would it be fair to say that um during those phone interactions there was a talk of you guys meeting up would that be fair to say yes do you recall the best of your recollection with time that would have been at no I don't remember it was throughout the day I'm sorry you already making references to the the phone conversations being throughout the day yes and so at some point would it be fair to say that you did meet up with the alleged Defender yes do you recall what time that was I just told you no do you recall if you were still at the park during that time or had you moved locations still at the park and was your roommate still present with you at that time no she left I stayed at the park and she went harleyway with her friend do you recall who that friend was Nick I'm assuming or let me back that up um would it be fair to say that at some point during the Meetup with the alleged defendant things got a little chaotic that'd be fair to say yes and do you recall if at that point you were still at the park when we met up yes well we were at the park for a second then we drove around where did you drive to around didn't mean me and you and Mr Brooks were arguing in the car we went up this it's a street it's a good Hill not there and then me and you got into an altercation and get out of the car walked back towards frame Park don't wait again hold on she's answering a good question yes ma'am and then I was walking down the street I left your car that's when you were following me and I walked back towards frame Park and your father May reference to walk back to frame Park I don't know exact straightening it was the walk back down the hill I don't know exact streaming did you at any time I'm sorry did you at any time during your travels back to Frank Park did you at any time notice that uh there was something going on in the area no I got to frame I was too worried about walking back to frame Park when I got the frame Park after I left it that's when I realized there's nothing going on and did you ever arrive back at frame Park yes and what did you do when you arrived back at Frank Park I called my friend Corey and told her that me and Mr presidential altercation Mr books was following me um I went back to the SUV the car and you argue with me somewhere I walk back across the street and by that time Miss Corey had walked towards us to meet up with me you made reference to you uh calling your friends uh did do you recall well let me back up a little bit did you call your friend Corey or the friend that she had left you to hang out with Corey's mom I kept calling her phone her phone kept going to voicemails and I called the next phone he picked her on the phone I said Daryl Brooks had just hit me foreign funny to the day prior November 20th of 2021. do you recall what you were doing that day well where I was staying at the shelter at first I was arguing still with Mr Brooks all throughout the day um me and Corey had left and coronary step away and I went back to Queen Park on the fan part that's why I met you at I mean also got into our meet that day but we didn't drive around we're at the frame Park thank you so you're saying that you and the alleged defendant were together the day of November 20th 2021 yes do you recall around what time that was I do not remember foreign you stated you briefly with your friend Corey that day yeah but she went a whole different direction she didn't concentrate she turned on a whole different street right before frame Park foreign do you recall at any time on November 21st of 2021 being interviewed by a detective Guth and do you recall giving them recorded or recorded uh report at that time I don't remember do you recall if you had given detective goof all the details of the alleged incident on November 20th of 2021 I didn't give him all the details but I did the next day when I see funny were you aware that it was reported there was in fact no incident on November 20th 2020. that's not true we'll just write the answer and the question ground cycle personal knowledge hearsay um sustain I'll strike the question and the answer the reason stated survey phrase or so can I show the witness the same paperwork that I intended to show no and why not relevant how's it not relevant when that was just testified wouldn't that be opening the door no next question any reason why it would be reported no incident happened on November 20th of 2021. an objection grounds some sex-minded evidence sustained grounds for the sustained the records speak for itself so upon speaking to detective goof during the first interview do you recall why you were not forthright with information it wasn't that was my fourth registered telling everything right away why not I don't know Mr Brooks when speaking with the law enforcement officer would it be fair to say that you should be truthful and honestly I was very truth what isn't telling Everything at Once until the next day Mr Brooks and in the alleged incident on November 20th of 2021 were you injured no well you didn't hit me a little like little where are you injured not having marks on me is that what you're asking so where were you injured five minutes grounds um I believe the witness understood the question she answered it may stand that your roommate observe any injuries from the alleged incident on November 20th 2021 she knew about it but there's nothing visible on my face do you know if your roommate do you know if your roommate had spoken with law enforcement about these alleged incidents from November 20th of 2021 and November 21st of 2021. I don't know foreign did she ever tell you yourself that she was interviewed by any law enforcement I don't remember one second foreign so what time did you meet up with the alleged defendant on November 20th 2021 I don't remember morning time afternoon I didn't hear it afternoon foreign and what were you doing prior to the alleged meeting up with the alleged defendant objection grounds asked and answered sustained what else would have some staying asked an answer when next question please when was it answered so to the best of your recollection you you can't recall why and a last incident on November 20th of 2021 was reported that never happened objection grounds same reasons as the previous objections since facts not an Evidence this characterizes her prior testimony and irrelevant object to that respectfully and that's where legal find and effect and a legal reconsideration of their ruling you're on it denied noted for the record next question please I'm trying to figure out how something got caught out of thin air interesting so it would be fair to say that you have a a child in common with the alleged defendant would that be fair to say yes is that the only child in common yes you have any other children rejection well there's nothing to do with the case hold on there's been an objection not relevant sustained grounds for the sustained your record speaks for itself what was the record speaking for itself I didn't I didn't hear it not relevant eyes are not relevant next question please how's it not relevant the child that you're having in common with the alleged defendant how old is that child 15. you keep regular contact with that child off and on describe what you mean by off and on object ground not relevant sustained it's not relevant sir yeah answer me next question is and the child in common that you have with the alleged defending a Child live with you grounds sustained not relevant you don't have to answer that do any of your children live with you that's just the grounds sustained grounds for the sustain not relevant that goes to credibility you're under so how's it not relevant the objection has been sustained for relevancy I object to that and would like to inform you that I intend to appeal that decision unless you want to give a legal reconsideration that of that really noted for the record I direct your attention to 906.16 and the basis for the objection being sustained is it does not fall within the categories listed next question it's not awful law next question please sir I'm getting here this is awful lot Wisconsin state statute 906.16 . that doesn't answer my question but okay thank you where did you meet the alleged defendant Reno Nevada how long have you known that last defending 16 years I made a reference to meeting in Nevada do you recall where you met it in Nevada no I remember in relation to the alleged incident on November 21st of 2021 would it be fair to say that there's been no contact between you and the alleged defendant that last answer was kind of low did you say no I said no not since then that would mean assuming that would mean no contact at all via phone or anything like that no no so my question would be I don't know if you could see them from here but do you recognize these pictures um you need to show those to the state the bill will take them a proper procedure sir to the witness they have no relevance whatsoever to this trial yes they do how they have relevance they also never been as close as we'll see it before this moment sustained sustain what not relevant they are relevant the crease Foundation and I can prove that I I'll take up the issue outside the presence of the jury conclusion of this fitness center maybe bring the witness back in but next question please and these need to be offered into evidence as well um you stated said that there's been no contact how would the alleged defendant be how would the alleged defend it obtained photographs from you if there's been no contact objection grounds respect grounds sustained Sims facts not evidence not relevant how's it not relevant photos just don't pop up out of the blue Mr Brooks assumes facts not at evidence in any uh first the alleged date of violation here it's not relevant alleged violation after the date charged that the dates that are charged for these allegations you are absolutely correct thank you have you sets the evening of November 21st of 2021. have you attempted to contact the legis defeating grounds grounds um I'm gonna excuse the jury I'll rise for the jury foreign funny you're on out buddy all right so I'm gonna let you make an awesome proof as to why you believe the photographs and the questioning about contact after the alleged incident is relevant it's relevant because these were sent by the witness the fact not in evidence but what is it hold up tell me the basis you believe there's been communication and why you believe it's relevant to is relevant because it was testified to her first time testifying and then also uh by uh was the last guy goose that he was told that the witness was supposed to be so deeply afraid of me and all this type of stuff so if you're so deeply afraid and worried about somebody and this and that why would you speak to have contact open up the door to the other acts evidence hear me up oh yes it does no it doesn't he's Witnesses have been incredibly careful to abide by my rulings sometimes in a court of law when there are pre-trial rulings the testimony of a witness needs to be said in such a way not to run afile of that this witness detective Guth I believe detective Casey and others Corey Runkle and even Nicholas Kirby yesterday this court has all had to stop them so that they didn't run a foul or they've stopped themselves so that they didn't run a foul of the Court's pre-trial ruling on other acts evidence between you and this Witness and I have been very very careful to make sure that doesn't come in but if you keep questioning her about whether she's afraid or not enough contact or not opening the door to that testimony have been made to prevent what could be seen as prejudicial evidence the standard's not prejudicial the standards whether it's unfairly prejudicial but you can open the door to that service it's a fairly president uh prejudicial that I have a a document stating that November 20th never even happened but yet and still the witnesses over to the state come on man y'all know that's not right um I know that's not right then you need to immediately turn it over to the state right now it may become right but no one has seen it when did you receive the documents hold on when did you I'm having you make an offer when did you receive the documentary I just want to stay for the record your honor that that's kind of biased because the the state did the same thing yesterday with creating uh exhibit right on the Fly that didn't even exist that I didn't have but that's not true that is true no she said it herself no marking an exhibit is not creating it no not marketing exhibit she said we're not gonna settle down a tangent sir I'm gonna give you the opportunity to make a record he's not right here when did you receive this document that you claim was sent by this witness it is not claim it's for a fact sir it hasn't been established yet I need to make a record I want to see the letter I want to see the letter okay so I got it I want to know when you received it I got to bring that in every time this this one I don't get every time I'm presenting something that needs to be made for the record and placed in the evidence it's a problem but the state can do it no problem it's not sir there are proper procedures and I don't want you to know if I don't if you don't you're a public servant though your job is to be the referee is it or is it not you stay to Serve Yourself on record that your job is being the Umpire yes you can be excused my apologies my apologies too but it needs to be some truth especially when we're talking about stuff that didn't even happen but they're allowed to get on the stand and say that it happened when they know it didn't happen so let me make a ridiculous and count 70 78. what happened to that paper because it was on the table then when I come back I need to make a record of a variety let me check my paper and you accepting me repeated dependence of patience this morning I've warned you repeatedly about being removed from the courtroom and then every time I try to get into it you meaning an explanation and make a record you interrupt you attempt to divert everyone from what is being done this very second I didn't attempt to do anything yes you do it repeatedly sir whatever so you're doing it once again whatever just make your record the document Mr Brooks wanted to show detective Guth and this witness was a letter sent from the state of Wisconsin to the court regarding count 77. the state sought to dismiss that count and they have prosecutorial discretion and I granted the request that the charge be dismissed why was the charge dismissed and that's I I can't answer I it was dismissed because the request was made sir they don't need a reason there's an abundance of case law about prosecutorial discretion and they chose not to pursue that my guess is maybe to simplify things and to keep this tidy I don't know you know what I'll indulge you turning upper would you like to provide a basis for why the state sought dismissal of that charge prior to the start of this trial yes your honor because as Miss Patterson just testified a short while ago she did not have any visible marks or injuries from that event and we did have the photographs of her injuries we did not want to confuse the record as to whether or not there was a battery that occurred on November 20th your honor object to that with this what does the letter read you have the letter you showed it to me yeah and I've been trying to find it ever since I came back in here and now all of a sudden I can't and now when you're impuning though like somehow you're imputing the Integrity of this court Payless of the state you're accusing frankly everyone without moving your paper you're gonna point the finger at anyone did I say anyone did anything not directly but indirectly you did so how can you make this mission that I'm saying can I please make the recording me yes you may I apologize appreciate that thank you but you made repeated comments sir about the I can't find my documents I don't know what happened things of that nature when you came back out you took multiple minutes before you even asked your first question of Miss Patterson and if I need to I'll have a bailiff put on the record that no one touched your table your honor did I say anyone touch my table I didn't understand it sir but did I say that stated it implicitly I never asked the Baylor say did anyone of you touch my table I never said that to them I just said I can't find my paper which is the truth and the way that you said it like I didn't Point without it well that's kind of interesting I don't have a document that was just on my table that is what you said that's what I said that I did not point the finger at anyone so you have a letter yeah I can see if I came in and said hey why don't you move something off my table or if I would have directed that towards the state or if I directed that towards the clerks or something like that then it would be that would be more of a validity to what you're saying continue with the record sir it's very apparent to me sir that every time I can't say every time because that would be an absolute but many times throughout this trial and especially the last two days when the court makes a ruling that you disagree with or I want to make a record about some behavior of yours or a further record about a ruling that you uh that was not in your favor that you start peppering me with questions or comments statements you question me about the law you ask is it verified law it is from my perspective a clear attempt to to kind of turn us in a direction away from what we're doing perhaps even to stall into delay I'm sorry that I'm making a rule you're doing it again I mean because it has no validity so I am trying to make a record outside the presence of the jury about a line of questioning you want to ask Miss Patterson now I've reviewed repeatedly up on the bench 90608 and 906 16 which are two of the primary ways you can attack credibility I've referenced one of those previously 90608 is evidence of character and conduct of a witness I'm not going to read through it all but it's limited to character for truthfulness or untruthfulness it's not specific instances of conduct it's character evidence which frankly wouldn't even come from the witness who's testifying all right then there's the statute on biased 906 16. all right and none of the questions as I heard them went to a permissible topic under bias of witnesses you generally said credibility you did not give me any further explanation as to why you believed it was relevant to credibility now we have you uh claiming that there's some document that was sent by the witness after the charges were filed that apparently contain photographs I think I and you can clarify the record momentarily when I'm done that you believe goes to the credibility of this witness so I need to ask a few questions about that sir to determine whether it has relevance to those issues number one when did you receive this letter I received this multiple letters actually over a period of time it wasn't I referred to this one because this one had the pictures but and why do you believe it was from answer your questions to ask you a question with clarity thank you does it have a date on it the letter no I didn't bring the letter about the pictures because I thought from my interpretation I thought showing the pictures would be okay how did it how did I get these so my mind was saying show the pictures didn't they didn't come out of thin air the witness knows that they sent me the pictures they know that again it assumes facts that aren't here he has witnessed scented I don't know but even if she did what relevance does it have to her credibility before this jury it goes to the credibility because she's put on this facade of being so afraid of someone but yet still you know that we're not supposed to have contact but you still sneaking behind and saying oh I wonder how you're doing and oh this is this and that I don't think she's ever said she was afraid I think that was the officers who may have uh stated that but I don't believe she ever said that she specifically said today when you asked her why did you it was either why did you go back or why did you have I'll look at my notes why weren't you forthright with all the details that was the question so again I'm going to ask you even if this Letter's from her these pictures are from her how does it feel to her credibility before the journey what else could they be who else could these pictures be from I'm going to ask you point blank did you get a letter that's signed from her oh my God what do you mean signs what's your belief why do you have a belief that they are from her I have multiple letters from her you're not answering my question why do you believe the letters are from Erica Patterson because they were sent from Erica Patterson why else would I were they signed by her what do you mean sign did she write her name on the letter was it the content no I'm not kidding you I need to make a record sir you're making a statement that these letters are from her and that they're relevant to her credibility your honor I'm gonna go out on the on the limit and I'm asking you why you have hold that opinion I'm gonna go out on the limb here soon which I know is true you've never been in my position you've never been in jail so you've never received a letter from someone writing someone in jail no one is gonna suck when you say something when you say to me what's the basis why you believe they're from Miss Patterson is there some information in them that you that only she would know did she sign the letters is it a is it penmanship that you recognize why do you believe they're from her as opposed to somebody else sending you information could be your mom could be I'm just saying it could be anybody this you gotta answer my question it's called an offer of proof but you still got to understand why this this is this is mind-boggling to me like how I got a child with this woman how would I why would I not know her handwriting but you have to why would a foundation for these letters sir that might be through your own testimony so that I'm trying to figure out why you believe they're from her not all this other stuff and I have a child I'm trying to I need to know it's called an offer of proof are you serious what do you believe why do you believe they're from her I am serious because they're from her how else am I supposed to answer that I've given you a few reasons why it would lend to that okay so it has to be it has to be put in a legal terms I need the letter so if you're gonna question her on that the state absolutely has a right to see the letter so you you need to provide that letter I'm not the bottom line is I'm not going to allow any questioning without having that letter so the state has the ability to question you about that or question this witness and to look at the veracity of what your claims are here so when we I may take an early lunch if that's in your cell then you can go get it and bring it but without that letter I'm not allowing this line of questioning do you have the letter with you in court I just said no how many times I got to say the same thing on on record you know sometimes sir I don't hear what you say because you interrupt me so much or you answer quietly and and I'm taking notes and I'm focused on probably a dozen things at the same time but if I but if I say something under my breath everybody seems to hear it everybody seems to hear that yes you can hear it very clear everybody assumes that it has to be disparaging once again you're doing this tactic because it's not a tactic it's fast to some other reasons because I find it hard to believe that nobody hears what I say I'm gonna let the state make a record of why they believe it's objectionable because I haven't let them do that I've given you multiple opportunities to tell me why you believe it I didn't get these pictures from date nobody else why would someone reflect you have two pictures that you believe were from this witness that I know he's from no that you believe did I know all right I'll ask the state their position on all of this my position your honor is that these pictures first of all should not be admissible one because of a discovery violation we've never two because we have reason to believe that he did not get them from Erica Patterson he is on a jail phone call talking to his mother Dawn Woods about Don Woods sending these photographs to him now that's a lie let the state make their argument without interruptions three I believe that these photographs are designed to make a suggestion to the jury that Erica Patterson is a bad mom I think that is what the defendant is trying to do and if we're going to go down that road then we would be forced to counter that claim first of all it doesn't make her an incredible Witness if it's even true and second of all if we go down that road we would be forced to counter that claim by pointing out that not only does the defendant not live with the child in question he doesn't live with any of the other children that he has he impregnated Erica Patterson when she was a minor in Nevada and for doing so he was convicted of statutory sexual seduction pled guilty in March of 2007 to that felony offensive and is a sex offender on the registry as a result so if there's any causation that would lead to Erica Patterson being a bad mom Mr Brooks has a direct role in that causation he want to make a record and not be accurate so let's be accurate on the record since you think you know so much Mr Brooks I'm ordering you to sit down and to let this God I'm not going to see her unless somebody be inaccurate on the record and lie on the record under Illinois versus Ellen I've warned him repeatedly he's being removed from the courtroom um and you know what let me dial that back we're just going to take an early lunch one hour we'll be back and uh unless he brings that letter then he can show it is inadmissible it will not be questioned and under 90611 I will declare the cross-examination thank you we're in recess one hour get your facts straight so let's let's open the door on all of it again so we can get all of it on the record since you think you know so much you did did you know she said she was 18 when I met her did you know that

Channel: FOX 9 Minneapolis-St. Paul

Views: 3,613,888

Keywords: news, darrell brooks, jennifer dorow, wisconsin, waukesha, waukesha christmas parade, trail, true crime, court tv

Id: h2oSlQTfPfM

Length: 58min 11sec (3491 seconds)

Published: Fri Oct 21 2022