Darrell Brooks trial: Defense witnesses back on stand, testimony nears end | FOX6 News Milwaukee

then state of Wisconsin versus Daryl Brooks case number 21cf 1848 may have the appearances please Leslie baisy and Zach wachow appearing for the state get your name I'm here as a third party intervener in that matter appearing as authorized representative for my client I accept for value and return for Value all the charging instruments in this matter and make my exemption available for discharge of all obligations and charges connected with this case I do not dispute any of the facts in the charging instruments and I would like to make a reservation of all my rights at this time all right thank you the record should reflect that the individual known to this court as Daryl Brooks is present in person in custody he is wearing street clothes specifically a suit and Ty and he is wearing a mask and I do not consent to being called their name for the work noted all right so Mr Brooks called the witness yesterday there was an objection I sustained it but he also orally moved to dismiss and I indicated I would take that up outside the presence of the jury I didn't do that yesterday so I just want to put on the record that I'm denying the motion without any further consideration or discussion by the parties he listed two reasons one was the uh it had to do when he called the state of Wisconsin as a witness for failing to appear and then for failing to State a claim upon which relief can be granted um there's no legal basis for those motions in law or in fact and so that's why I'm denying them on the record today I'm not asking for any further commentary or statements on the issue object to that and I intend to have you call the next witness I just want to confirm with the state who is here this morning object to that ruling your honor noted for the record present present this morning I would like legal finding effect tonight your honor consistent with the Court's instruction yesterday afternoon we have President Douglas Kohler detective Steve Guth and Erica Patterson are here now and available all right all right I expect you to call those first three before we get to any other person not whatever order you want among the three but those will be the three people called and then we'll get to the next people according to the scheduling that I put in place yesterday I wanted to stay for the record that uh I intend to feel that judicial decision made about the motion to these Miss noted for the record all right let's bring the jury out then um actually we need to dress subject matter jurisdiction it still has yet to be proven for the record and I wanted to address the fact that with this um is it colder is that how you pronounce the name we're going to continue with the witnesses I I've addressed subject matter jurisdiction repeatedly there's a written decision I stand behind it you have three witnesses that you subpoenaed the state made arrangements for them to be here whatever order you want to call them in this morning is fine but those three are here that's what I was trying to address right now how do you pronounce the name Kohler Kohler I'm still I know you'll have to ask the witness still having trouble finding the file for for that particular weakness um yeah call the jury in so I don't I don't know how I'm supposed to Mr Brooks you were well advised these are your witnesses that the state made arrangements you knew who was going to be called like put that on the record yesterday so of those three however whatever order you want but I'm not moving past those three I need to jump to others I didn't say anything about moving past the three no but I just set the tone for today that we're gonna keep moving okay I simply stated I'm not ready to ask that witness questions if I can't even find the uh under paperwork but that's you not having your paperworks on you not anybody else so what am I supposed to ask him I can't answer that sir you know that's a rush to judge me you can't rush me to judgment when I'm notifying the court that I cannot find the record I just I'll make a record yesterday you asked the question the hold on a second can you have them step a second yesterday you did said you did not have a file for one of the witnesses and you did a fine job from my perspective so I did what you did a fine job I just wanted myself I also provided me with one sheet for that particular witness at that time three paragraphs how you're prepared or not is solely on you sir you've had all of this information now we're at the end of the third week of trial these are your Witnesses I presume that you are prepared in whatever way that is I'm not so witness is just supposed to get up there and just I'm just like yeah I'm not gonna have this commentary okay I'm done the jury's coming out be prepared so that's that's the rest of judgment that's it's not a rush to judge it is a rush to judge me it's clearly a rush to judgment if I'm telling you that I don't have the fight how am I supposed to listen no I'm not I'm not attempted to delay nothing you want to come check the boxes yourself you always trying to pull some fast fast Maneuvers Mr Brooks and uh miss judge your honor Mr Brooks the jury's coming in yeah they deserve to know this too it's still issues that need to get addressed we didn't even address everything I address all of the issues no I still had another one that didn't have nothing to do with nothing we just talked about there was a whole nother issue that needed to be addressed that I needed to bring on the record to your attention we'll address it later it needs to get addressed now before we go any further because it's an important matter just like the subject matter jurisdiction is important that hasn't been proven on the record ladies and gentlemen of the jury arguments be made by the boxes disregard evidence in the record all of these statements at this time all right that's unfair with you the court will address legal matters outside we need to address the legal matter that I was trying to get to before you may call your next witness sir I'm not calling any witness until I get an answer your honor your public servant you're supposed to be able to answer simple questions if I'm saying I have to bring call your next witness please that's the stage I have to bring it to your attention your honor Mr President please starting to issue to your attention I'm telling you to please I'm asking you to please and I'm asking you because we have a jury present um and you we need to continue with the evidentiary phase of this trial call your next one asking you to address a legal matter as you said that those have to be taken outside of the jury I will do that at the next break there was a legal matter that needed to be addressed beforehand so we don't have to take up time afterwards to address something that needs to be addressed now that way Mr brother and you yourself I will address it at the next break call your next witness please are you asking me I'm directing you to call your next witness yeah we're not going to move past this seeing this how you took an oath to protect the Constitution I have your oath I have a copier of your oath right here the hope that you took Mr Brooks I'd like to continue with testimonies we have witnesses waiting for you please call your next witness the oath that you swore to protect the Constitution which you are now not doing Mrs oh you're going against your sworn oath Mr Brooks as you as you notify the jury every time when there's legal matters we take them out outside of their presence and we're going to talk to testimony right now Paul you're not going to receipt to put you one notice on the record for something that needs to be brought to your attention into the Court's attention and I will address it that's what I'm really seeking to do is something that shouldn't have to wait because it'll take a valuable time later at least if I notify you right from the onset you'll already know what we're looking at and we can nip it in the bud before everything starts to roll over I will address it at the next break if you want to write something down that's fine and give it to my clerk I have nothing in writing I know there's Witnesses available and ready to go call your next witness your honor this your honor you have to answer this question that's Mr Brooks they should determination call your next witness please you're rushing me to judge me there's no rush to judgment there's a rush to judgment if you won't address a legal issue that I informed you that I have some legal issues that needed to be addressed before you just run right past that your honor Mr Brooks are you not it is 9 37 sorry 8 37 you're right call your next Witness you're rushing me to judge me there's no rush to judgment call your next witness is that a legal matter they needed to be addressed and I'm merely chanted and I have a father court telling you I'm denying the request to address it at this moment call your next witness you say what I'm denying your request to address it at this moment please please do something that we're supposed to do before Mr Brooks comes out I'm not seeking to be disruptive I'm just seeking to understand why we all we do this everyone is in the courtroom waiting for you please call your next witness do this every single day we've done it every single day so I'm simply trying to make sure that the court is notified let's put it in writing hand it to the bailiff and if I deem it important enough to interrupt the witness I will but call your next witness there write something write down what it is I'm not asking you why I needed to be addressed beforehand Mr Brooks Jerry is remaining in this courtroom call your next witness please Rihanna you're rushing me to judge me there's no rush to judgment sir are you are you not a public servant you're on Mr Brooke do I not have your oath under 906 11 this court has the authority certified copies that you said on record that you would not provide for for no good reason that these are three sir three of you are doing this right I've repeatedly told you you can see the juries here you're doing this we need to go forward same thing I'm not attempting to delay the proceedings I'm not attempting to be disruptive I'm merely trying to notify your honor in the court for the record beforehand that way everyone's at least on notice of the issues that need to be taken up instead of waiting until a break or a lunch and things of that nature which kids it's my authority it's the courtroom that I'm deciding over I'm not going to address that at this moment I'm not going to answer you're not swear as a public servant that you were protecting Mr space Constitution did you not do that three terms I have all of them here you're off your honor as a public servant and now you're rushing me to judgment I'm doing things lawfully by trying to notify you and notify the court of issues that need to be addressed Mr Brooks or him we are in the evidential phase of this trial you're rushing me to judge me your honor and objective three Witnesses your honor object to that your objections notice no and I want illegal reconsideration of your room and if not um I reject that ruling and take exception to that ruling understand I'll request a legal or effectual basis for your ruling a written judicial finding effect and conclusion of law for your ruling and if not that interlocutory declaratory appeal for this matter and if not these needs need to be stayed until this matter is before uh agendicated Court of competent jurisdiction because we have not proven jurisdiction in this court as of yet subject matter jurisdiction has not even been proven on the record your honor I don't even know the true nature and cause Mr President against me I don't even understand that part I understand the complaint I haven't your honor there's there's so many issues I'm not attempting to Mr Brooke to be disrespectful in any way we need to continue the leg of procedure your requests are denied your honor uh and I'm going to instruct the jury at this point to disregard I respect and not consider any of what has just happened since you walked in it should not be held against Mr Brown these are legal issue may or may not need to address but they do not bear in any way on ultimately the issues that these that you as jurors will have to decide and I'm instructing you uh I'm to disregard uh what you have just heard and seen your honor with with everything that I just said be part and be made part of the record it's on the record I'm telling the jury that it shouldn't affect anything that they're doing in any way with that it's a rush to judgment Mr Brooks because you're on it I just showed your oath that you scored it took you swear please call your next witness you you took these oath of offices you did your honor three of them I understand very commendable that you know that you decided to be a public servant in this in these in these type of matters around it I I respect it to the fullest but also it you have to uphold these old States all right I'm gonna have to excuse the jury since Mr Brooks you have not calling his witness you will hopefully bring you back out shortly you have to honor these these these oath of offices you have to as a public servant you're honor I respect you being a public surgeon and this is not to take a shot at you in any way these these issues that I have please they need to be addressed they need I'm excusing the jury can you please stop your honor this is arrested judgment this is a clear this is a clear bias Mr Brooks you are to stop talking are you asking me I'm advising you or you will forfeit your right to be present at this so you're holding for the questioning of your first witness because you're holding me and continue I'm not holding you in contempt and how can you remove me from the courtroom when I haven't given consent Mr Brooks I'm advising you at this moment call your next whip you will forfeit the right to call these you can't you can't uh under 906 11 you are refusing to call a witness I didn't refuse anything in your honor and you can't you can't deny me my Sixth Amendment right which is the Supreme Court while you question your first witness because it is now 8 44 and you've consistently talked in front of the jury who's no longer in this courtroom on issues that you have been advised and are fully aware are not relevant to their determination despite what you believe the law subject matter Juris no you that's what that is what you referenced in front of the job and then you reference subject matter jurisdiction as you know is not as I don't know the state has to be the state must prove it has to be briefly civil jurisdiction in federal cases with Criminal Court jurisdiction in the state of Wisconsin I'll give you the opportunity to raise whatever issue it was but you need to do it now where we're moving forward that's what I want to do that's what I was attempting to do and if you interrupt me one more time you're gonna go do it from the other courtroom all right I'm he can go to the other courtroom and we will address these issues because you are not being respectful you are disruptive you are interrupting I will give you one more opportunity don't interrupt me again don't roll your eyes at me don't sigh at me you have delayed these proceedings Now by 15 minutes because of your non-stop commentary I'm gonna sit down and I'm gonna listen to you what issue do you want to raise sir so are you letting me uh make an offer proof of my appeal no because that's not what's relevant at this time sir if you you don't need to make an offer of proof tell me what the issue is I said you have a legal issue you want to raise before we get going what is that issue okay the legal issue is this uh detective Casey yesterday testified for the second time under oath and uh reference to exhibits 13-14 that show the backyard of my mother's home which he stated that he had been to the home had seen the backyard all this stuff when he did not in fact even pick with my mother it was brought to my attention that my mother in fact never speaks spoke to any law enforcement from Waukesha would you like to add her to your witness list to call her yes I would all right willing to come but that's not something we needed to address this right away just because because of the issue of the subpoena that's the reason why I needed to be addressed that's the reason why I was trying to attempt it could have been done on a break all right so you would like you're asking me to add Don Woods to the witness list for you yes but I also have a question of about the subpoena for for my mother but I would also like to subpoena the phone records so it can be made part of the record of the conversation since the prosecution listens to all the phone calls they should be able to have heard that phone call as well so they should be on notice of what was said I don't know what phone call you're referring to if you're referring to a jail phone call then to a jail phone call that was made last night October 20th between 7 54 p.m and 8 10 P.M which I'm sure the prosecution has heard by now and that also brings up the issue of perjury testimony sir the the the way that you will address the issues that you're talking about are to call witnesses to challenge that or to present the evidence in support of your position if you're telling me you need to add Dawn Woods to the witness list I approve of that you can fill out a subpoena and I'll direct the state to serve that upon her and at the appropriate time we'll have her brought will indicate when in the order of folks she can be brought in so I'll grant that request in terms of the jail records you'll have to subpoena the appropriate custodian or a witness who can testify to that that's that's what I was trying to gain knowledge of I can't give you advice on that search on it ask for advice I was is the is cannot is that he's asking me I can't direct how you do that I can't tell you how to do that you are acting as your own attorney and you uh will need to figure that out so you have the subpoena forms um you can research the issues you have access to legal research materials and other things and that's how you'll have to address uh for value or retirement for value of this documents was that a subpoena form thank you is there any other Witnesses you're asking to add to your and you can also call detective Casey if you want just so you know said I make three times he's able to testify if you believe he has mentioned that he hasn't testified to I will give you permission to call him as well I don't think it'd be necessary you know he know he know what he did he know what he didn't do we're gonna bring the jury back out and I expect you to call a witness and what it just saw unclear because I was trying to get to that issue what Witnesses are here because I don't have the uh I don't have any any paperwork for uh Kohler Kohler Kohler Kohler I don't know I was caller Stephen Guth and Erica Patterson of those three call one of those Witnesses I accept the value in return for Value this document Ary since he's claiming he does not have it since I I know that I don't have it so let's make that record correct but with you in the courtroom is what you're saying I can't find it anywhere you've had it previously yes I had it at one point all right all right are you ready to proceed forward Mr Brooks yes all right let's bring the jury out foreign I think she everyone please be seated foreign just to make sure don't block any of the microphones with anything both of those microphones should be on I want to make sure that thank you all right go ahead call your next Witness near the defense cost Douglas J Kohler good morning sir if you would please make your way to the witness stand which is afford me of one riser and to my right when you get there please remain standing raise your right hand my clerk Teresa who's on my left hand where he went do you solemnly switches that testimony you're about to give she'll be the truth the whole truth and nothing but the truth so help you God thank you sir have a seat first thing I will ask you to do is to State your first and last names for the record and then spell each topless colar d-o-u-g-l-a-s-k-o-l-a-r thank you go ahead your wetness uh good morning Mr is it Kolar Kolar Kolar good morning Mr Kolar um I want to direct your attention to November 21st of 2021. uh do you call that evening pretty well fairly well yes well let me back up for a minute first of all what do you do for a living I'm an I.T director for a law firm been doing that for a long time I've been in I.T for over 20 years directing your attention back to the night of November evening of November 21st 2021 um what did you do that day well that day I Was preparing my daughter to march in the parade with her dance crew God you know watch football earlier in the day and got her dressed and change your plans last minute because my son was not feeling well so it was just my daughter and I that went to the parade and uh do you recall what time you arrived at the parade at least an hour for the start time of the parade and do you recall uh where you were positioned at in the break I moved with the damn Dance troupe so kind of going with the craft and at some point You observe something happening would that be fair to say yes uh do you recall what that was well after my daughter had finished and I was walking back to our vehicle to go home I noticed as we were approaching White Rock which is what we were parked off of I noticed a vehicle coming through where the parade participants were going it was a red vehicle Hawking its horn it passed a few Parade entries on the right hand side and then it passed a between two of the groups it veered to the left and went around the next group on the left hand side at which point a police officer attempted to approach the vehicle police officer had reached for the door handle and the time of that approach the vehicle started to speed off I just want to back up just a little bit you stated that you heard the vehicle honking his horn while it was on White Rock Avenue it was Hocking in your opinion did the vehicle appear to appear to try to avoid hitting people at that point yes and you may reference to it coming in the vehicle coming in contact with an officer did you see where the vehicle went after that interaction with the officer there was no contact between the officer and the vehicle vehicle attempted to make the officer attempted to make contact after that attempt the vehicle sped Southward you know I know those streets don't run straight north south on Main Street did you notice the vehicle strike anyone at that time I did not and what did you do after you saw the vehicle once once it was out of your view uh once it was out of my view I grabbed my daughter and Loft as fast as I could to my car and to the best of your recollection what how would you describe the vehicle as far as uh making model to the best of your recollection it to the best of my recollection today I only remember a red SUV at some point did you report to Law Enforcement Officers which you had observed that evening Tuesday Morning following the parade I sent an initial statement to the police would that have been uh the Waukesha police department yes it was to the Waukesha police department did you you said you sent the statement did you initially speak with anyone uh verbally initially no I did not at some point did you speak with someone verbally yes and was that sometime after the Tuesday ment that you initially gave yes approximately two weeks after I made my statement I was contacted by someone with the Waukesha police do you recall if the vehicle had any tinted windows I believe the rear windows were tinted like most SUVs are and after you uh had verbally speaking with law enforcement did you do any follow-up on the reports uh after that yes the officer that I spoke to had advised me to add to to my statement the items that we had talked about the actual the law enforcement officer asked you to add certain things to your report he he had asked me some questions and the questions that we talked about on the phone he asked me to add to what I had initially submitted and after that conversation did you have any further conversations after that point I had no further conversation after that point had you yourself been contacted by any uh any further law enforcement after that point so it'd be fair to say that you were subpoenaed to testify at some point okay be afraid to say yes do you recall when you received that subpoena I received my subpoena last Tuesday and 18th whatever day last Tuesday do you recall whom you received that subpoena from the Waukesha County Sheriff Callie sheriffs I'm sorry or one of these sheriffs and did you do any follow-up information once you received the subpoena like like for example sorry for example calling the District Attorney's office I did not call the District Attorney's office I did reach out to the clerk's office to see if there was any further information were you or your daughter injured in any way during this incident no way we're not no further questions at this time good morning Mr Cole good morning thank you for being here to be clear sir The subpoena you received was issued on behalf of the defendant Daryl Brooks correct I don't know not that information was not filled out on the subpoena okay who did um typed State Waukesha police department correct objection leading and I'm sorry okay there's an objection let me rule on it first before you answered overruled go ahead and his answer I believe he answered it but if not did you answer it I'll ask again thank you you did provide a written uh statement to the police Department correct sir objection leading overrule Let's cross 906 11 so two yes I provided a written statement and in that statement you described the SUV as driving erratically down White Rock Avenue correct objection didn't testify to that was asking answered overall the witness my answer and it's sub three not sub two by the way go ahead yes just the event of driving past some participants on the right and then veering to pass the next group on the left okay you said at that point the when the vehicle was on White Rock it was honking its horn correct correct correct there was no objection you can answer and you saw an officer run up and try and open the door to the vehicle correct I don't know that he was trying to open the door just trying to I don't know what he was trying to do he he ran and his arm had gone towards the door handle okay and that was at the intersection of White Rock and Main Street correct sir and you got a look at the driver of the car correct sir objection speculative um overall witness my answer yes I did and you described the driver in your written statement as a black male with dark dreadlocks and visible tattoos is that correct sir objection leading overruled who witnessed my answer yes is that consistent with your memory sir objection is speculate to you overrule once the vehicle went past the officer you indicated that you saw it accelerate or speed off is that correct sir objection leading overrule six eleven sub three yes at that point it's fed away thank you sir I don't have any other questions any redirect briefly referring to the written statement that was just testified to to the best of your recollection do you recall stating that that SUV was a older model red Chevy Blazer I do recall putting that down at the time but that was at Edition that I added two weeks later so at the time at that time during the the evening of the incident to the best of your knowledge that would have been your opinion of the vehicle that you saw it at the time of that the day of the parade I just remembered the red SUV to the best of your recollection what what assumption will lead you to to describe the vehicle as a Chevy Blazer I believe in my assumption it was just to say it was a older boxy style SUV and in my mind that relates closely to a Chevy Blazer no further questions all right thank you you might step down and you also are excused thank you for being here you may call your next Witness if I may have just a quick second okay uh the defense would call uh Steven Guth I believe one of my assistants went to retrieve detective goo with your owner thank you foreign as you are coming to the witness stand remain standing raise your right hand and my clerk of Teresa will swear you in do you solemnly swear that the testimony you're about to give shall be the truth the whole truth and nothing's about the truth so help you back I do thank you sir please have a seat your first and last name for the record or names I should say Stephen Guth s-t-e the e-n-g-u-t-h ow long have you been in law enforcement over 20 years and how long have you been a detective I'm just over seven years directing your attention to the evening of November 21st of 2021 do you recall that evening I do and were you on duty that evening not initially um for more clarification what do you mean by not initially it was a regular off day for me but I received notification to respond to the police department for the mass casualty incident in the downtown area of Waukesha so at that point I'm assuming you were dispatched to that location I was not dispatched um I received a signal message we use signal it's a app that's used that we can share information for investigations I received a signal message that this tragedy just happened and so what did you do from that point I immediately dropped my wife and kids off and responded great and when you got to the parade what did you do at that point I went to the downtown area to assess and see what I could help with at some point during your uh investigation that you made contact with the woman by the name of Erica Patterson yes and what was the nature of that uh that part of your investigation I wanted to speak with Erica Patterson because by that point when I'm in contact with our Command Center they had learned the name of Daryl Brooks learned that Erica Patterson was the estranged girlfriend of the suspect of this investigation May reference to a strange girlfriend what do you mean I don't know if I should answer that I think question was pertaining to the word is strange but we'll move on the jury will disregard that last question that it's been withdrawn and the statement made by detective Guth following it I'm assuming at some point you took a statement from Miss Patterson I did you recall if it was recorded written you writing it what was the nature of the of how the report was taken well the her words were spoken and they were recorded and then I prepared a report did you prepare to report that same evening no when did you prepare the report sometime after the 22nd of November why not the same evening because after I spoke with her I wanted to go back and speak with her again did you obtain any statements from any other people that may have been involved with uh Miss Patterson I did not do you know to your recollection if any other officers are taking statements from parties that may have been involved with this Paterson well the native on November 21st 2021 I did have a partner with me another Detective do you recall him talking to any other parties that made me may have been involved with Miss Patterson well the detective that was with me was a female detective parent the question was do you know if your partner had any interactions with parties that may have been involved with respect I don't believe so hold on are you specifically referring to a date certain or just in general okay 40 21. thank you with that clarification no I don't believe so did you learn at any point that there may have been other parties involved with Miss Patterson which incident I'm referring again to November 21st of 2021. yes do you recall who those parties were Corey Runkle and Nicholas Kirby did you yourself speak with either of those parties uh Nicholas Kirby or Corey Runkle no I do not do you recall if your partner spoke with any of those parties which partner uh the I'm guessing the female partner that you made referenced to no she did not and in that uh recording interview with Miss Patterson what do you what did you learn about the evening of November 21st 2021 which recorded are there multiple recordings yes did you learn about the evening of November 21st 2021 from both recordings with Miss Patterson your honor aren't going to object at this point as this testimony covers ground that was very clearly covered during the state's case I'll give Mr Brooks some leeway you are asking for hearsay though you understand that I asked him what did you learn fair enough go ahead you may answer I learned several things um initially I think is what you're getting at uh Miss Brooks wanted to report that she was injured by Daryl Brooks on November 20th which would have been Saturday she stated that she met with Mr Brooks at frame Park and they were arguing over the fact that she did not give him money and he injured her by slapping her in the mouth and punching her in the eye the next day I went back and talked to her again and she clarified that that actually did not happen on the 20th it happened on the 21st and that she got in a motor vehicle with him over the same argument he was mad that she did not provide him up with money he proceeded to try to take her phone because he thought she was talking to other guys slapped her in the mouth punched her in the eye she jumped out of the motor vehicle because she feared for her safety and made her way back towards frame Park while walking back towards frame Park she was calling her friends Corey Runkle and Nicholas Kirby to come help her when she arrived back near Frank park in front of White Rock School there was a confrontation in front of White Rock School with Mr Brooks Erica Patterson Corey Runkle and Nicholas Kirby where there was some kind of shoving match and that's when Mr Brooks got back into the motor vehicle and took off down White Rock towards Main Street Erica Patterson then made her way back towards Women's Center May reference to being told about an incident from Saturday November 20th and then stating that in the second interview Miss Patterson stated that didn't happen that's is that correct she didn't state that it didn't happen she just stated that she didn't drive around with him I know on Saturday November 20th but she also met with him and was slapped in him off that day too if you please use the court I have a document here I would like to show the witness right if the bills couldn't move to the state first to look at it you may use the document camera if that's hooked up otherwise the bail can take it to the witness before we go through that process I'm going to inject it's well let me see the document yeah and give that back to Brooks given the content of that document will sustain me objection or what that document is I should say sustain on what grounds yep to this Witnesses testimony how is that really mean it's not relevant you may reference to November 20th this document is talking about it's not relevant to the charges at issue we can take it up later and if need be I'll let you recall the witness but I'm directing you to move on to a new topic yeah I'm gonna respectfully object to that and ask for a fighting effect the objections noted it's sustained well their objection sustained yours is overruled please continue is that noted for the record I would like a refining effect the request is denied keep going please tonight on what grounds and we're lost for love keep going sir are you making additional determination that you don't have to answer that question as a public servant sir I've ruled on the objection it's on the record please keep going information that needs to be known as being hided not relevant sir please continue very relevant he just opened the door on that by saying November 20th objection moved to strike all of the comments made by Mr Brooks in the last 20 seconds or so especially with regard to any implication that he hasn't had all of the discovery material um objection I never made nature of not having any Discovery material that never the jury will just disregard us I've told the jury repeatedly comments made or statements made by the parties whether they be lawyers or the parties themselves or not evidence and you're to disregard them and not consider them in any way and if the statement suggested facts that are not in evidence you should not make that do not consider that in any way either all right go ahead your next question please so is it fair to say that in your report you you reference two incident reports objection Mr Brown's witness wrote let me not overrule the objection and let the witness answer I think it might just be semantics at this point but go ahead and ask your questions semantics I think you were referring to that he had two that's it that's what his reports is he makes references to two reports two incidents two incidents yes not two incident reports reports would be separate documents that's what I'm talking about with that understanding uh that you're referring to I think you're referring to incidents with Miss Patterson correct yes go ahead ask your question I think that clarifies so the witness can answer in your and back up you wrote your own Report with Debbie fair to say yes and in your report you referred to two incidents that be fair to say just to clarify which report are you speaking about I wrote several reports uh the one written November 22nd of 2021. a new reference to reports and one cat call what was the last part cat call a cab call yes um what do you mean cab call not cap Captain c-a-d okay you can't go what do you mean cat call wait that's a call for service that does not generate a police report and what was that cat called that was a call for service near frame Park for a fight involving potentially a domestic related incident do you recall any other details about that CAD call there wasn't much in it because the officer had to leave to go to the parade do you recall a mention of a knife during a during that CAD call yes foreign to the best of your recollection do you recall anyone recovering a knife or you yourself recovering a knife there was no knife involved in that incident through my investigation of the report that you have but it is fair to say that that's how the cad call went out that there was potentially a knife fight that's how I was initially I believe reported or um communicated through dispatch to the officers that responded you may reference and I'm referring to the the second interview with uh Miss Patterson you may reference in your report that in the previous interview that Miss Patterson was not completely forthright what exactly do you mean by not completely Forefront she did not give me all the details of the incidents to me initially do you recall why I don't know why she didn't so it'd be fair to say that Miss Patterson had been untruthful with you in the first interview no she told me she was extremely afraid of you and that's why she didn't want to tell me everything well you just stated that you know why she was not forthright I can't read her mind but that's what she told me at any time during your investigation in regards to the incidents with Miss Patterson did you at any time see interviews that were conducted with Nicholas Kirby and Corey Rumble what do you mean by see them had you seen any statements made by the those two parties no foreign would it be fair to say assuming that those two parties were present for the incident on the evening of November 21st of 2021 would it be fair to say that at some point they were interviewed by law enforcement officers to your recollection yes and you've never seen any of those interviews they weren't video recorded have you seen any written statements from them a report from law enforcement I received a summary of what they stated verbally from the from another detective yes so it'd be fair to say you you did have knowledge of what they said transpired on November 21st of 2021. acknowledgeable they said I didn't see anything correct into the BET into the best of your record recollection seeing what those two parties had said what do you recall grounds see what they said and also called sustained what did you read objection from from those statements given by those two parties objection calls for yourself sustain foreign do you recall what officer took those statements from Nicholas Kirby and Cory Runkle in relation to the incident on November 21st of 2021. yes and what a law enforcement officer was that detective Vanoss foreign [Music] report that you've wrote on November 22nd of 2021 was that the end of your investigation into the incident of November 21st of 2021. no and what was the extent of your investigation after November 22nd of 2021. judge I'm gonna objects no the defendant's behalf I believe here based on previous rulings Accord is made sustained foreign did you speak with Miss Patterson again after following your report yeah reference to the incident from November 21st of 2021. I don't understand your question did you speak with Miss Patterson after you filed your report in relation to the incident from November 21st of 2021. no in relation to the alleged incident on November 20th of 2021 do you know if that alleged incident ever took place objection grounds calls for hearsay lack of personal knowledge when he reported me he also goes to one of the ultimate issues that the jury will need to determine so it's sustained foreign no questions no further questions right now at this time no you're running all right thank you starting my stuff down I have something later for that particular Witness all right I'll try to raise that on an appropriate break call your next witness please is there only one witness left yes for that yes for that time yes no one else is here no it's not 10 30 yet I'm supposed to come in 10 30 you're right call your next witness please I don't have that list right at my fingertips you said what happened I I don't have that list right at my fingertips but I I know there's a witness available so please call your next witness cannot be provided that 10 30 at least come on does the state have that you could pass it over I don't have that sure let me chat I have it but I'll write it up for Mr Brooks to review your honor I think while we're doing that if the jurors want to stand for a minute go ahead or anyone else in the courtroom foreign thank you I accept value and return for Value this paperwork thank you for everyone have a seat then please call your next Witness who determined this order Mr Brooks I'll take up that issue outside the presence of the jury later there's a witness available police call the witness that's not the witness that was intended to be called at this time I understand that surrender 906 11 I have the authority and the discretion on that so please call the witness who's available so I'm being rich to General wow no sir I'm trying to have an effective and efficient use of all of our time we so please call which the witness which is respected but at the same time being this that this is my time for right now I'll rise for the jury please all right thank you be seated Mr Brooks under 906 11. I do have the authority and just my inherent authority over this case to um require you to call the next available Witness um you in my opinion we're not entirely Cooperative yesterday with the process and so I told you that three Witnesses would come in at 8 30 2 would come in at 10 30 two would come in at 1 30 2 would come in at 3 30. and then if there were any left what I wasn't sure if there were or not uh would come in at four you also didn't provide me with that with that list uh you were advised on the record but sure you didn't you didn't provide it to me sir you chose not to write down so that's on you not me no that's so no here's the thing Erica Patterson is here so I'm advising you that she will be the next witness that you call if you so choose if you choose not to call her right now that I'm releasing her from The subpoena because we have almost 45 minutes until 10 30 just slightly under that and there's no reason for you not to call her on your list she was on the the listing as I understand it with the groupings of three Tuesdays Tuesday afternoon Wednesday morning Wednesday afternoon and so on and so forth that's the order I told you very specifically I'm not going to have everyone come in at one time because that's not efficient that's not effective and it's not courteous to them um people have families people have jobs and other responsibilities and we're trying to be mindful of all of that as well while having the state assist you in getting these people here so I'm advising you that if you don't call her right now you will forfeit your right to call her is that lawful law sir I believe I have the authority to do that she's here she's ready to go she's your witness I'm just asking the question is that lawful law I have the authority under 906 11 and other uh rules and the inherent authority of this court to control the order and mode of interrogation why is it always so hard to just say yes or no The Authority sir I'm not disputing that Nasi I asked the question is it lawful law I've told you what I believe my authority is okay you want to recognize that that's right your Authority I'm not what so I will address one other issue with you because you stress that quickly and then I'm gonna have the jury brought in and um that will be your opportunity that's a misdirect what issue did I said I had with them you said you wanted to raise the issue with detect about detection I might have more correct more questions for that witness I didn't say it was an issue oh I didn't hear that sir you you had your opportunity to ask the witness questions he's been released the honored if I mumble something under my breath somehow that's audible but when I talk clearly somehow it doesn't missed it but I I heard what I interpreted was when you said I may have an issue with this witness I didn't understand I guess I didn't take that as you were going to reserve your right to recall him what would so are you telling me you'd like to reserve your right to recall detective Guth yes all right then that will be noted and we'll keep him under The subpoena now that should address that I'll have the jury brought back in and you should be prepared if you choose to call Ms Patterson this is your opportunity to do it at the same time though there's still a rush to judgment your honor you can't I shouldn't be I shouldn't be forced to call people in the order that I'm being told to when these are my Witnesses you did not want to provide us with the order and I respected that Mr Brooks but I said that and so then I then I asked what about respects with our respect did I did I not inform your honor in the court that I would not give a specific order stated that numerous times and Mr Brooks The First Time authority to tell you otherwise you may not like it you might disagree with it it's not it's not about that it's about the rest of the Judgment you're reading with this process there's nothing to cooperate with we agreed to assist you given your custodial status okay and that's and I never asked them to do it the order did I or did I not did I ask them to do that I did not ask them to do that they volunteered they they are so at the end of the day like we expect if they didn't want to do it yeah but that that wasn't one of the stipulations when they offered to do it your honor let's let's be no common courtesy is the stipulation okay but it wasn't stipulated too so I didn't have you are well advised no I was not it is because if you you're not in a trial you can't put the pieces for me your honor come on now yeah it is that's a rush to judge me there's no rush to judgment here did the state did the state have to put their Witnesses your honor what are what are due respect did the state have to put their Witnesses in order and tell me it's irrelevant what the state did they have to do that they didn't need your assistance to do that did they have to do it no they didn't have to be provided with we're going to call this witness at this time they didn't have to do that so why should I have to accommodate their schedules this is not about you it's not about the state it's about the witnesses it's about what's fear it's about what's fear no Frank frankly sir it's about you trying to control what's happening in this how how am I controlling what's that I'm the one Shackled to the table here so how's I'm trying to control anything I just want this to be fair and it hasn't been Fair Mr Brooks it's fair no it's not if I have to do something that they don't have to do how's that fair it's fair explain to me how that's fair process that it has been set up to frankly help you no it's not helping me by it's helping it's helping the state by being able to say if we know the time and we know the person and we know this then we can be prepared so we'll already be ready that was the whole aim of that and I would have had her come in later you didn't want to answer that question there was no question it was no question to answer I did I did what you asked me to do your honor you said yes you did you did you asked me to give them my Witnesses I gave them my witness list it's not it's not my fault it's not my fault they weren't gonna be prepared to do this coming out and I'm I'm Gonna Stand My Ground on this I'm Gonna Stand My Ground too but I'm not gonna I'm not going to be disrespectful or disruptive I'm just stating I want it to be fair when the jury comes back out I'm releasing her from The subpoena you can't do that where's the lawful law I have the right to Witnesses cooperate with this process but I also have the what the sixth member right we have a winner is available for you to call I can require it's not the witness that should have been caught at this time your honor it is based on the list that you provided and they didn't have a time they didn't have a time or of course it's not no game that's what you don't seem to understand I believe I don't care what you believe fully all right it's not a game we I don't take this as a game that's what that's what nobody that's what nobody you don't gotta explain nothing to me that's what you don't understand you think that this is a whole game to me this is not a game to me your honor nothing about this is a joke that's what y'all don't understand but it is unfair it's unfair and it's disrespectful to me that you think I would come in here purposely and treat this like a joke or a game I never said it was what type what type what type of what type of statement is that it's your life is not on the line mine is and you think that I think this is funny I don't think it's funny whatsoever so so I think your honor with all due respect I think you should show some respect five minute break and when we come back the jury's coming out and you need to call your next witness thank you we are God you're not rushing me to judgment I don't care what you talking about you're a public record after a short break appearances are as they were before I would just know attorney offers not at the table but I presume she'll be back shortly 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 I declined to do so your objection is noted is the audio on your objections is the audio away so we're not going to address subject matter jurisdiction that has yet to be proven for the record 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 record have you proven as the prosecution proven [Music] so that should determination that you don't have to answer that you're under being a public servant I was talking to my clerk I didn't hear what you asked the Jerry'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 gotta cut that out you know you have to prove subject matter jurisdiction you know that you have to honor your office you know that thank you everyone please be seated the defense may call its next witness please a second I'm John I'm John sure I got the paperwork since I'm being rushed to judgment oh there you go all right go ahead your parents 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 itself a riser when you get their please remain standing raise your right hand and my first Teresa goes across from you and on my left we'll square anyway do you solemnly swear that the testimony you're about to give shall be the truth the whole truth and nothing but the truth so we'll 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 you're Witness oh 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 I just had it on the table when you're ready foreign I'm not seeming to find paperwork that I just had on the table for some reason I really 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 you know my friend Corey at frame Park I had spoken to you girl books 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 answering your question oh I was referring to the judge I don't think I think I kind of got a little ahead of Mr Brooks just I'll let you interrupt the answer and you can ask a follow-up I I apologize I was instructing the clerk 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 defending 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 swim object to that and grounds for the objection on behalf of the state this work we did Cover 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 projection is from the state is overruled do you remember the question you guys see what am I doing at the at the park at 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 did not remember you 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 for interactions 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 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 it's 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 are 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 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 her other way with her friend do you recall who that friend was Nick foreign 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 chaos 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 the me and you Mr Brooks were arguing in the car we went up this it's a street it's a good Hill right there and then me and you got into an altercation like got out of the car walked back towards frame Park don't wait again hold on she's answering no good question and then I was walking down the street and I left your car so you were following me and I walked back towards frame Park and your problem made reference to walk back to friend Park I don't know exact straightening it was they'll 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 something on and did you ever arrive back at frame Park yes and what did you do when you arrived back at frame Park I called my friend who ordered that me and Mr billstone altercation Mr hooks was following me um I went back to the SUV the car and you argue with me somewhere I walk like across the street and by that time Miss Corey Harry walked towards us to meet up with me you made reference to you uh calling uh 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 Nick's phone he put Cory on the phone and 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 in coronary step away and I went back to Green Park on the fan products where I met you up I mean also got into our meet that day but we didn't drive around we're at the frame Park 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 come to Frank park with me she turned on a whole different street right before frame Park do you recall at any time on November 21st of 2021 being interviewed by a detective goof yep and do you recall giving a recorded 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 seen him funny were you aware that it was reported there was in fact no incident on November 20th 2020. that's not true strike the answer and the question ground cycle personal knowledge hearsay sustained 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'm intended to show no and why not relevant housing our Revenue when that was just testifying to would 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 what's up 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 register until everything right away why not I don't know Mr Brooks speaking with the law enforcement officer would it be fair to say that you should be truthful and honestly I was very truth one isn't telling Everything at Once until the next day Mr Brooks and an alleged incident on November 20th of 2021 were you injured no well you didn't hit me a little boat like a little where are you injured not having marks on me is that what you're asking so where were you projection it stays the evidence 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 he 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 so what time did you meet up with the alleged defendant on November 20th 2021 I don't remember it's morning time afternoon I didn't hear that afternoon and what were you doing prior to the alleged meeting up with the alleged defendant objection grounds asked and answered sustained around for the sustain that's an answer when next question please when was it answered so to the best of your recollection you you can't recall why and the last incident on November 20th of 2021 was reported to never happen objection grounds same reasons as the previous objections Sims facts not an Evidence it's characterizes her prior testimony and irrelevant uh Jake today respectfully and that's where legal fight 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 ground nothing today with the case hold on there's been an objection not relevant sustained grounds for the sustained the record speaks for itself what was the record speaking for itself I didn't I didn't hear it not relevant eyes are not relevance 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. do you keep regular contact with that child off and on describe what you mean by off and on object ground scissors not relevant sustained it's not relevant sir yeah sweetie next question is and the child in common that you have with the alleged defending is that child live with you grounds sustained not relevant you don't have to answer that do any of your children live with you around sustained grounds for the sustained not relevant that goes to the credibility you're on this housing I 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 lot 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 foreign defendant Reno Nevada how long have you known the election 16 years made reference to meeting in Nevada do you recall where you met it into that 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 not since then no that's 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 so my question would be I don't know if you can see them from here but do you recognize these pictures um you need to show those to the state the bill will take them it's not proper procedure sir I'm going to objective to witness they have no relevance whatsoever in this trial yes they do yeah to how they have relevance they've also never been disclosed to the state before this moment sustained sustain what not relevant they are relevant the crease Foundation and I can prove that I'll take up the issue outside of the jury conclusion of the 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 Lynch defendant be how with alleged defend it obtained photographs from you if there's been no contact objection grounds respect grounds sustained some 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 right here first the alleged did a violation here it's not relevant alleged violation correct 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 lation grounds grounds I'm going to excuse the jury I'll rise for the jury foreign funny you're not funny 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 an Evidence 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 in this and that why would you still need to have contact open up the door to the other acts evidence hear me up oh yes it does no it doesn't these 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 afoul 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 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 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 yeah y'all know that's not right then you need to immediately turn it over to the state right now it may become but no one has seen it when did you receive the documents hold on when did you I'm having you make an offer but when did you receive the document 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 when did you receive this document that you claim was sent by this witness it is not claimed 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 and 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 could do it no problem it's not sir there are proper procedures and I want you to know if I don't if you I respect your courtroom I respect you you're a public servant though your job is to be the referee is it or is it not you say to sell yourself on record that your job is being the Umpire yes you 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 seven seven okay 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 and you interrupting me repeatedly shown an abundance of patients 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 wait let's make your record the document that 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 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 what 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 everybody 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 record without okay yes you may I apologize I 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 uh you took multiple minutes before you even asked your first question of Miss Patterson um 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 I didn't implied 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 in the way that you said it like I didn't Point without it and like 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 I did not point the finger at anyone so your honor yeah I could 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 I need to 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 cork 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's my person 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 reference 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 I'm 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 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 just 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 they 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 you're assuming this relevance doesn't 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 it oh this and 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 a look at my nose 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 it 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 sign 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 so 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 and assume 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 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 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 truth 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 I'm trying to get stuff and I have a child I'm trying to I 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 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 or 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 it yeah everybody 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 that 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 seen this before two because we have reason to believe that he did not get them from here 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 that's 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 questions Mr Brooks I'm ordering you to sit down and to let the song Let's Start 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 then so we can get all of it on the record since you think you know so much did you know she said she was 18 when I met her did you know that

Channel: FOX6 News Milwaukee

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Id: N4aWp7z_rN0

Length: 159min 30sec (9570 seconds)

Published: Fri Oct 21 2022