Darrell Brooks hearing; sentencing logistics sorted in Waukesha County — FOX6 News Milwaukee

[00:00:00] Darryl Brooks: all of 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 state for the record that I do not identify by the name stated. [00:00:16] Speaker 2: The record should reflect that the individual known to this court as Darryl Brooks is present in custody in person. He is appearing in jail attire today. The court is here to address a couple of things. Of course, the scheduling of sentencing. I also want to address a letter that was sent to the parties late last week on the 28th regarding the unsealing of search warrants, a filing from Mr. Brooks, and then an issue just as it relates to the record and the use of restraints during the trial, given a statement that was made by Mr. Brooks when the jury was coming out after they had reached their verdicts. So I'll start with the search warrant issue. The party should have received the letter dated October 28th advising the parties that the court will be unsealing all of the search warrants tomorrow November 1st unless there's an objection that is raised. Of course, that's based in law. In fact, and I indicated in that letter we would address any objections at this hearing. So I'll start with the state. Do you have any objection to that? No, your honor. All right, Mr. Brooks. [00:01:32] Darryl Brooks: I have not received anything. I'm quite sure, or I don't know if you knew, but the very second that I left your courtroom Wednesday, your honor, I was placed on suicide watch. I was told that it was per jail administration, that it was policy. It was nothing I could do about it. They immediately took me right from court, stripped my seal. I talked to mental health. They changed me right over into the smock and I was basically placed on that. They just gave me regular clothes maybe maybe 10 minutes before I came to your courtroom, your honor. So I haven't [00:02:16] Speaker 2: I wasn't allowed to give it to you. I had the letter printed off and we'll give it to you now so you can take a moment to review it. It really says everything that I just put on the record just now as well. [00:02:26] Darryl Brooks: I accept for value and return for value this document. [00:02:42] Speaker 2: I would just note there's a typo in your name, but so my apologies for that middle initials indicated wrong, but it does reference this case number. [00:03:11] Darryl Brooks: When was when was this letter? Because like I said, I've been on watch so I haven't been able to obtain any mail whatsoever. Not from the courts, not personal mail, not anything. [00:03:27] Speaker 2: So that was signed on Friday and then sent over. I'm not sure if it was emailed or if it was just delivered to the jail. I don't know if madam clerk has any information. It was done by my other clerk. But in any event, you have it before you. What I can tell you, sir, is that normally search warrants may be sealed for a period of time. All of these warrants were set to be unsealed previously, but due to the pretrial publicity and the various orders related to the jury, including the use of the jury questionnaire, I had at the request of the parties and with the consent of all parties sealed or continued the seal on all of these documents. And the previous order indicated that everything would be unsealed either November 30th or at the conclusion of the jury trial, whichever came first. Of course, the jury trial is now concluded, even though the case hasn't gone to sentencing. So my intent would be to unseal everything tomorrow. Unless you have an objection and it's based in law. [00:04:44] Darryl Brooks: I have, like you said, this is my, I didn't even know that this was even sent over to the jail until right now until you told me. [00:04:56] Speaker 2: Understood. Do you have an objection to what I propose to do? [00:04:59] Darryl Brooks: I don't even understand. What do you mean by sealed and unsealed? I don't. [00:05:03] Speaker 2: It would become a matter of the public record and anyone could review those search warrants if they make a request. [00:05:10] Darryl Brooks: Search warrants for what property? [00:05:14] Speaker 2: There's a number of search warrants that have been sealed as it relates to this case. [00:05:22] Darryl Brooks: From what I saw, everything's been pretty much public. I don't see why they need to be unsealed at this point. Everything's pretty much been public already. [00:05:37] Speaker 2: All right. Well, I am going to unseal them effective tomorrow. The clerk's office is instructed that first thing tomorrow morning, they may unseal all of the search warrants in this case. The next issue I want to address is I want to make a record specifically as it relates to the restraints that the sheriff's department utilized during this case, given a comment made by Mr. Brooks when the jury was coming out the very last time. I don't recall if you said something about a stun belt or shock shackles or something to that effect, but it was inaccurate. I have asked the sheriff's department to provide photographic documentation of the shackles that were utilized in this case. The parties will recall the tables look a little different now because there are no table skirts on them. On all defense tables in the secure courtroom, there is a ring, it's really more looks like a rectangle, that is attached to the leg of the table and an inmate who's in custody. But in trial, a soft restraint system is utilized, primarily so it's soft and not heard. And then it's attached to the table so that it confines the inmate to a small area with that table. Obviously during the trial, Mr. Brooks was able to stand, his hands were free. But I felt it important to have a thorough record of the restraints that were utilized. The photographs that have been provided are on a compact disc. They will be filed as court exhibit three, but they will remain under seal. And that is because of the security concerns related to how the sheriff's department secures inmates during a trial. That certainly is an overriding interest, overriding any public interest to see what those restraints are. And I would just further note that during the trial, when Mr. Brooks would be brought from the holding area into the courtroom, this courtroom was closed to the public. And that was really to maintain that privacy, if you will, or secrecy, if you will, regarding the restraint system. And so I believe it's important that that information not be released to the public. It will be available, of course, to the court and the parties. And if there is an appeal, any attorney that may represent you can certainly look at that. But it will otherwise be under seal. So that record is very clear on the restraint system that was utilized during this trial. [00:08:14] Darryl Brooks: I have a question to that. Okay. Why is that remaining sealed, but everything else being open to the public? [00:08:23] Speaker 2: I've indicated my reasons are on the record. I'm not going to restate them. [00:08:27] Darryl Brooks: Well, I think that the public, if they're allowed to see a search warrant information and things like that, then I think that they should know that it was a shock device on my ankles. [00:08:39] Speaker 2: There was no shock device on your ankles, sir? [00:08:41] Darryl Brooks: It was a shock device. I was told it was a shock device. Mr. Brooks, that's why I'm making the record. It was covered up by a black cloth so the jury purposely could not see it and so that the public could not see it. I was told that a chair had to be placed on my side so that no one can see that I was shackled with ankle shocks. I think the public should know that. The jury should have known that. That's what they were. [00:09:06] Speaker 2: Mr. Brooks, I've made my ruling. [00:09:07] Darryl Brooks: I respect it ruling, but it should be noted. [00:09:12] Speaker 2: Your objection is noted for the record. [00:09:14] Darryl Brooks: It should be noted that I had a shock device on my ankles. That's a fact. [00:09:19] Speaker 2: It is not a fact, sir. [00:09:20] Darryl Brooks: It is a fact. I'm the one that had them on my ankles. I inquired about what they were. Obviously, I'm going to require about what's being put on my body. I was told that they were a shock device, which I know how a shock device looks because I've been through this before in Milwaukee. So I know what a shock device is. It was clearly a shock device that was purposely not shown to the jury or to the public. Purposely not. And then now you're saying that it's going to be sealed. Well, why should it be sealed? The public deserves to know about things pertaining to a search warrant, but not the fact that I was limited by a shock device? That if I moved the wrong way, I could have got shocked with all this voting? [00:10:09] Speaker 2: It's absolutely false that you have a shock device. That is not false. [00:10:12] Darryl Brooks: And you know that it's not false. [00:10:13] Speaker 2: Well, I have the photographs that will be part of the record. Well, show the photographs. That will be part of the record. [00:10:17] Darryl Brooks: That will be part of the record. Where's the photographs? [00:10:18] Speaker 2: And they will be sealed. You just said they will be sealed. [00:10:21] Darryl Brooks: Why do they need to be sealed? Why do they need to be sealed? From public view for the reasons that I've already indicated. Why do they need to be sealed from the public? [00:10:26] Speaker 2: Mr. Brooks, I need to move on to scheduling. [00:10:28] Darryl Brooks: Can we move on to subject matter jurisdiction that hasn't been approved for the record? All right. So can we move on to that? [00:10:33] Speaker 2: Mr. Brooks, I really don't want to remove you from the courtroom today. [00:10:36] Darryl Brooks: I don't want to be removed, but you're not going to sit here and tell me on the record what was on my body when I was told what it was. That's inaccurate. Your Honor, I refuse to sit here and let you make an inaccurate record when you know that it was in fact a shock device. That's why I had the black cloth in front of the table so it couldn't be shown. That's why I had a chair sitting on the side of me that was told needs to cover up the fact that I had a shock device on my ankles. And I think it's very, very, very unfair and it's dishonorable to get on a record and not tell the truth. I'm not trying to dishonor you, Your Honor. I'm not trying to disrespect you. I'm not trying to disrespect your court. I just want the truth to be told. That should not be sealed. If everything else could be open to the public, then the public should know that I had a shock device on my ankles. That was purposely not shown to the jury or to the public. They should know that. [00:11:36] Speaker 2: All right. Thank you, Mr. Brooks. I disagree wholeheartedly with your characterization. It's not true. Mr. Brooks, I didn't interrupt you. Please don't interrupt me. [00:11:42] Darryl Brooks: It's not true. Mr. Brooks. Well, I'm quite sure there's cameras rolling right now because there are always cameras rolling. There's always audio on. [00:11:50] Speaker 2: Mr. Brooks, I need to move on to scheduling. [00:11:52] Darryl Brooks: There's public in the courtroom. I had a shock device on my ankles and they purposely did not want to show that to you guys or to the jury. [00:12:02] Speaker 2: Mr. Brooks, I'm advising you here or here. [00:12:06] Darryl Brooks: Mr. Brooks, I'm advising you. And I always had the chair right here. Everybody that came to this courtroom seen that I had a chair right here, even though I had no counsel. What is the reason for me to have a chair right here? [00:12:15] Speaker 2: Mr. Brooks, any further interruptions will result in you being removed to the other courtroom because you're not letting people move on to scheduling. That's okay. [00:12:24] Darryl Brooks: Is it civil contempt or criminal contempt? [00:12:26] Speaker 2: All right. One more interruption and you will go to the other courtroom. Well, they need to know that. Stop. They need to know that. [00:12:32] Darryl Brooks: They need to know the truth. [00:12:32] Speaker 2: I'm going to ask the state some questions. If you interrupt when I do that, you will be removed to the other courtroom. Okay, remove me then. All right. Attorney. Remove me then. Attorney Basie. [00:12:41] Darryl Brooks: It's not going to stop the fact that they need to know that a shock device is on my ankles. He's interrupted. [00:12:44] Speaker 2: I'm sorry, everyone. We'll have to clear the courtroom. He'll be removed to the other courtroom. I'll make the appropriate findings. [00:12:49] Darryl Brooks: Tell the truth, though, Your Honor. Tell the truth. I have a shackle. I have a shock device on my ankles. [00:12:55] Speaker 2: Captain, can I please see you. We're off. [00:13:02] Darryl Brooks: I have a shock device on my ankles. [00:13:04] Speaker ?: I have a shock device on my ankles. [00:13:06] Darryl Brooks: I have a shock device on my ankles. [00:13:08] Speaker ?: I have a shock device on my ankles. [00:13:10] Darryl Brooks: I have a shock device on my ankles. [00:13:12] Speaker ?: I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. 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[00:16:41] Darryl Brooks: I have a shock device on my ankles. I have a shock device on my ankles. [00:16:43] Speaker ?: I have a shock device on my ankles. [00:16:44] Darryl Brooks: I have a shock device on my ankles. I have a shock device on my ankles. [00:16:46] Speaker ?: I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. I have a shock device on my ankles. 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The court did warn Mr. Brooks repeatedly that if he continued to be disruptive, the court would remove him to the other courtroom. It was my sincere hope that that would not need to take place today. I gave him the final warning and then I indicated I would be turning to the state to ask them some questions and if he interrupted that process, he would be removed. He immediately interrupted that. and so the courtroom was closed. He was put into the other courtroom. I have confirmed that the audio and visual technology is working. He can hear, he can see, at least the other individuals in there confirmed that that was the case. He was audible for a little bit when I first went on the record, but he continued to be disruptive and so I did utilize the mute function of the technology so that I could make an adequate record. Although this is really a scheduling hearing today, I will make a finding under Illinois v. Allen that his conduct was, did disregard the elementary standards of proper conduct of decorum and courtesy. He was disruptive. He interrupted multiple times and challenged this court when this court was making a record regarding the restraints that were utilized throughout this trial. I will, I'm not going to do it today, but I will at a later point in time, perhaps after scheduling, I will have a deputy testify regarding the restraints that were utilized so that there is a full and complete record about what was utilized and what was not utilized throughout this trial. It is absolutely false that a stun belt of any kind was used on Mr. Brooks. I don't know if he's receiving that information from other inmates, but that was not utilized in this case. it was a soft leg restraint setup, if you will, where he was shackled his ankles with the soft restraints and the soft strap so that it did not make noise. He was, that was all attached to the table. And it is absolutely true that there was a black table skirt on the tables, both the state's table, the defense table, in this courtroom, despite Mr. Brooks believing that it was not done for his benefit. It was to shield that information from the jury. It's also true that at all times when he has been brought into court, it's been before the court has been open to the public. If this court needed to remove him to the other courtroom, it was also done with the courtroom closed to the public. That was, of course, a security decision made by the sheriff's department. They are in charge of his security as well as the court's security during any court proceeding in this courthouse. And it was their discretion and decision on what restraints would be utilized. And again, I'll go through that later and have a record made of what was utilized, including having one of the deputies identify what's on the exhibit. I'm not going to show that publicly. Again, there are security reasons. We don't, frankly, need inmates doing research or the public doing research on what these restraints are. There's an important security aspect related to keeping courts safe, keeping inmates safe, and that is why I'm sealing that information from public view so that their protocols and practices have that, frankly, veil of secrecy. It's important given the security issues. It's a law enforcement function and that is my decision on that. As far as Mr. Brooks being in the other courtroom, again, I did that pursuant to the authority found in Illinois v. Allen. I did not hold him in contempt, frankly, because it's a scheduling-type hearing. I could simply have him taken back to the jail and he could appear by phone, but I've chosen to have him appear by video and audio means from the other courtroom. With that, I am going to address scheduling. I will be asking each party in turn how much time they believe they need to present their various sentencing remarks and whether anyone will be speaking on behalf. So I'll turn to the state first. [00:22:30] Speaker 3: Thank you, Your Honor. To date, we have indications from the victims or their families that 36 people would like to either have a statement read or they'd like to read it themselves. We have approximately five to ten others that would like to submit one in writing, which obviously wouldn't impact the time that we would need on the sentencing date. I would think that the state's comments would be between a half an hour to 45 minutes in total. So we're looking probably at about four to four and a half hours. We will need some time to rotate victims out of the courtroom as they come in to speak because we can't fit everyone in the courtroom at one time. We'll need to get one set in, get another one to room 115 so that they can hear what's being said. So we're thinking four hours. And speaking with the families and the victims Wednesday after the verdict, I think there's a strong desire to have the sentencing before the anniversary of the parade incident. And that obviously is November 21st. In checking with people, November 15th, 16th works for everyone, specifically the 16th works for everyone that would like to talk. I know that this court obviously has court calendars. I do have other dates that would work. Unfortunately, those go out to the end of December or end of November, beginning of December. But again, I can't emphasize enough. There are a lot of families who are leaving town the week of the parade. And I think the general consensus would be it would be nice for them to have some finality to this before they leave so that they're not around here at the time that a loved one was injured or killed. [00:24:26] Speaker 2: By any chance, did you have an opportunity to look at my calendar and some of the jury trials and talk with your colleagues? I mean, one of the cases, for example, I have on the 15th is an attempted homicide trial. I don't know if that's going to go or not. But just like this court gave due attention to this case, I need to be mindful that that case has been scheduled since June. [00:24:55] Speaker 3: I did not. I received these dates, although I believe that they were probably sent this weekend. I did not check my email over the weekend. So I did receive them this morning. And unfortunately, I did not take the time to do that. We can certainly look right now. Do you know who's handling that attempted homicide from our office? I believe that's Attorney Sitzberger. Okay. [00:25:18] Speaker 2: There's other cases as well, because it's rare that I wouldn't stack trials. And so there's also another serious felony matter with Attorney Thurston for your office. Okay. [00:25:35] Speaker ?: That one was scheduled in August. I have another one with you, Attorney Bayzy. Yes. I'm just looking at the number of... [00:25:35] Speaker 2: Looks like I have eight different defendants. What? [00:25:37] Speaker ?: What? What? Many more cases. But eight different defendants. scheduled for juries. Okay. I have... [00:25:41] Speaker 2: I have... [00:25:42] Speaker ?: Another one with you, Attorney Bayzy. [00:25:42] Speaker 2: Yes. [00:25:43] Speaker ?: I'm just looking at the number of... Looks like I have eight different defendants. [00:25:46] Speaker 2: What? [00:25:47] Speaker ?: I have many more cases, but eight different defendants scheduled for jury trial on the 15th. The other thing is on the 16th, our CJCC has a very special meeting. [00:25:47] Speaker 2: I'm still the chair of that. And that is an anniversary. [00:25:49] Speaker ?: Uh... The other thing is on the 16th, our CJCC has a very special meeting. [00:25:49] Speaker 2: I'm still the chair of that. And that is an anniversary. Um... Of the CJCC that I do not want to miss. [00:25:55] Speaker ?: So, I'm looking at the number of... [00:25:58] Speaker 2: The other thing is on the 16th, our CJCC has a very special meeting. I'm still the chair of that. And that is an anniversary of the CJCC that I do not want to miss. So, not that I couldn't work around that. And it's not that I'm not willing to change, you know, my calendar in any way that I can. [00:26:31] Speaker 3: Um... I can tell you, um, Attorney Wichow did reach out to Attorney Sitzberger. He indicated and he said we could put this on the record. He's 98% confident that that will resolve. The attempted homicide will resolve. Attorney Thurston is not in the office today. Um... So, I can't speak to that trial. [00:26:50] Speaker 2: Alright, let me, uh, before we look at dates, of course, let me talk with Mr. Brooks and find out how long he anticipates his sentence remarks and whether anyone. So, um, sir, I have unmuted you if you could speak to scheduling. [00:27:15] Darryl Brooks: Uh... First, Your Honor, I would just like to say that, um... I know you're well aware that I have, um... ongoing matters in Milwaukee pending too. I have to be in court there in two weeks and those cases are scheduled for trial as well. Um... Um... I... I haven't had the opportunity to, uh, speak with my representation over there because of the protocol that I've been on these past... I think it was five days since I last was in your court. Um... Um... I would like the opportunity to, um... Now that, obviously, this was the big case, obviously. Um... Um... If it pleases the court, if it pleases you, Your Honor, I would at least like to get, uh, a disposition on what might happen there. I go to court there in two weeks. Um... I'm sure that I would learn a lot more at that time. Um... I'm not sure if I'm gonna have the same representation at this point or if something's gonna change with that. Um... [00:28:31] Speaker 2: Do you know the specific date that you're scheduled? Uh... [00:28:36] Darryl Brooks: The 17th. That's for both cases. They... I don't know why they put both cases on the same date. And like I said, I don't... I don't know if anything's gonna change between now and then. That's just... But both of those cases are scheduled to go to trial. Um... And like I said, with the, uh... With the, uh, representation there, I don't know what's gonna happen with that as of yet. There's been issues for months with... With that. I know that's... Something that Milwaukee has to deal with and not your court. Um... But it... It would... Uh... Be a great help to me to at least be able to find out what I can find out, uh... About what can possibly happen there. And to also do any work that I may need to do on my end to prepare for that. Um... Um... [00:29:29] Speaker 2: So I have looked at the dates. You are right. There's a hearing on the 17th at 2:00 PM. The trial, though, in that case is not scheduled until December 12th. So my belief would be I could certainly see the judge in that case understanding if we had to go to sentencing or I chose to go to sentencing on those dates. Um... And it looks like, again, both cases are scheduled for those same dates. [00:29:57] Darryl Brooks: Um... Yeah, it was kind of weird to me. I don't... Um... The way they scheduled both cases on the same day was just kind of like I didn't... I didn't really understand why they did it like that. [00:30:08] Speaker ?: Um... [00:30:09] Darryl Brooks: And, uh... [00:30:10] Speaker 2: Well, let's talk about a related issue and that is do you anticipate anyone speaking on your behalf at the time of sentencing? [00:30:19] Darryl Brooks: I do. [00:30:20] Speaker 2: Alright. I do. And do you know how many people you anticipate speaking on your behalf? [00:30:25] Darryl Brooks: Um... I don't know an exact number, Your Honor. A rough estimate there would be 20 or more. Um... I have not yet spoken with everybody, obviously, because of the protocol that I've been on. Um... I haven't had the chance to... Essentially, some people will be traveling to Wisconsin from different areas, different states. [00:30:54] Speaker ?: Um... [00:30:55] Darryl Brooks: And... I know they've expressed wanting to be there to speak for that. But like I said, me myself, not being able to have the opportunity to speak with them personally. Um... I don't know... I don't know... exactly how many. And I don't know if... How many people will be coming from different parts of the states. Um... I do... I... I would ask, if it pleases, Your Honor, to... To be able to have everyone that does want to speak and does want to address the court. To give them the opportunity to be here for that. I know there's... As far as the people that are here in Wisconsin that will speak, one thing that they would stretch to me is that... How is everything gonna affect what's going on in Milwaukee? So... So that was like one thing that came up, man. Because I had totally forgot that the Milwaukee court dates were this close. And so I was just like, yeah, you're right, 17. That's two weeks, roughly. I don't know exactly where we're at in those proceedings. Like I said, there's still like some issues going on with the representation. Um... I haven't been able to reach out. Obviously, I can't reach out from... From where I'm at, collect call-wise. [00:32:18] Speaker ?: And... [00:32:19] Darryl Brooks: I've had very, very limited... Very, very limited... Interaction with... The current representation in those matters. So... I don't know what pleases you, Your Honor. I don't know what pleases the court. But I'm... I guess what I'm seeking is... For enough time to know exactly who's gonna be speaking. Where they're gonna be traveling from. And... A little bit more information that I can provide to this court about the proceedings. In Milwaukee County. [00:32:56] Speaker 2: One of the... Things that I've done for other cases. And... I know I was asked about this previously as well. And I would... Also offer it up to the parties. Is I... Will also make available Zoom for... Victims, family members. Including your family members. Who would like to make... A statement on your behalf. The only thing I ask though... Is... I'm not just gonna open up my Zoom to anybody. And so... Anyone who wants... A relative... A victim... Family member... To speak. Whether it be from the state or from you, Mr. Brooks. I need... To know who. No later than... [00:33:40] Speaker ?: Um... [00:33:41] Speaker 2: Probably a couple of days before. I'm leaning toward... Scheduling this on the 15th. So that would be like the Friday before. Which would be the 11th. Um... So that... When they come on the Zoom. They're identified. And then I let them in. So... I... I understand your concern about Milwaukee. But if I hold this on the 15th and the 16th. By... Your description of how many people. By what the state said. I think it's going to take about... A day to hear the remarks from the parties. And then I... Would come fresh the next day. To give the courts sentencing. Um... And so... Probably a day and a half. But I'd set aside both of those days. Just to be on the safe side. Um... In case it takes a little bit longer. For either of the parties to present their sentencing. Um... And so... Probably a day and a half. But I'd set aside both of those days. Just to be on the safe side. Um... In case it takes a little bit longer. For either of the parties to present their sentencing remarks. You're on... [00:34:35] Darryl Brooks: Uh... Um... I'm not into... Go ahead. I'm trying to make sure I didn't interrupt you. Go ahead. [00:34:44] Speaker 2: Um... [00:34:45] Speaker ?: Your Honor. [00:34:46] Darryl Brooks: With all due respect. [00:34:47] Speaker ?: If it pleases the record. [00:34:48] Darryl Brooks: If it pleases your court. Your Honor. Um... Because of my situation. I could benefit from a little bit more time. I'm not asking for... I'm not asking for something outrageous here. Just enough that... I could benefit from a little bit more time. I'm not asking for... I'm not asking for something outrageous here. Just enough that... I could benefit from a little bit more time. I'm not asking for something outrageous here. Just enough that... I can tie up some of my loose ends. Get the... Get you the information that you... That you need to be able... If someone has to be present by Zoom. Or whatever the case may be. Or to find out if... These people are actually going to travel. And also still be able to prepare for what I need to prepare for. Because obviously I still... Regardless to anything. I still have to be prepared... To continue court proceedings. I still have to be prepared. Um... It will really, really be a... A big help. And a great benefit. If I can have just a little bit more time. To tie up the loose ends. And get everything... Done in a timely fashion. To be able to be ready to go. And present... Present... What's needed to the court. [00:35:57] Speaker 2: I understand that sir. The issue the court has is... Obviously if I wait... Much longer than that. I would... Out of respect for the victims. Avoid... Uh... The week of November 21st. That's also Thanksgiving week. Um... I don't think that would be an appropriate time for sentencing. Uh... But then... Um... After that... Um... I do have... I mean my calendar is just incredibly full. I have some time off in there. Um... I have trials almost every week. Other than the week that I'm off. All the way up through... The week of... December 19th. And then again I'm off again for the holidays. I wouldn't... And so it's... That puts us into January. And I'm not willing to do that. It's just... And plus I need to avoid the week of that trial. Uh... In case one of your cases goes to trial. So... Uh... I think I'm giving the parties ample time. I'm giving alternate ways for family members to speak. Um... And that is by Zoom. Or in person. Should they... Uh... Wish to be here in person. Uh... So... And I'm willing to clear my calendar. Even of those trials. Hopefully my trials resolve. But to the extent that they don't. Uh... Then I will clear Tuesday the 15th. Um... Wednesday the 16th though. I would not start until... Um... Later that day. Given the... Um... Meeting I have to chair for the Criminal Justice Coordinating Council. So... Or Colliderating Council. So that's from 8:30 to 10. Um... I'll just... I need to talk with our Executive Director a little bit more. Um... Because... I know we have a special type of meeting schedule. And I don't know if it will go longer. At a minimum. I would be... It would be safe to say the afternoon on that date. Um... Um... And no matter what. That would still clear Mr. Brooks. To be in Milwaukee. On the 17th. I mean we're one county over. It's not unusual to do an order to produce that close. So... [00:38:09] Darryl Brooks: When I was gonna... Oh. I'm sorry. [00:38:12] Speaker 2: No. So... I am gonna schedule it for the 15th and the 16th. The 15th will start at... Um... 8:30 a.m. And... Uh... Depending on... I mean I'll be ready to go no matter what. On the 15th. And if... If the state takes into the afternoon. And then Mr. Brooks needs the rest of that afternoon. Or into the next day. I will certainly make those accommodations. Um... I think I'm gonna tentatively... Say we're gonna schedule it for 1:00 p.m. on the 16th. Um... And if anything changes I'll let the parties know. And then I just need to know by Friday the 11th at noon. Um... Um... Who... The parties are asking... Make their statements by Zoom. With a listing of their names. So that... Um... When they appear on the Zoom. Cause then we'll release... Then I'll prove it. We'll release the Zoom information. I need everyone to be aware though. Including... Victims. You do... You may not... Your family members... And it may not... Just simply give this Zoom information out. It will be only for those individuals that are identified by the state as wanting to appear by Zoom. Um... Um... I wanna keep a tight control over that. Um... And if I don't see like a name either says the... A name that's been approved. Like... Let's say you had a... A friend by the name of John Smith. If John Smith doesn't say... Put on their Zoom info. John Smith. I'm not... And it's just a phone number. I may not... Let them in. They have to be identified. Can't just give it out to anyone. Um... And it's... It's... Only for those individuals who wanna make a statement. Since the proceedings will be live streamed as well. Uh... Whether that be how we've been doing it throughout the trial. Or if I utilize... Um... The Zoom and the live stream I've done in the past. So that other people can watch it as well. And to facilitate the smaller courtroom that we have. So... That's my decision on that. Um... And at... At the... Um... I want to just very briefly have... I believe it's gonna be Deputy Kibler. Who's going to testify about the restraints. Um... [00:40:33] Speaker ?: Your Honor. [00:40:34] Darryl Brooks: Yes. [00:40:35] Speaker 2: Yes. [00:40:36] Darryl Brooks: I didn't... I'm not... I'm not trying to interrupt. [00:40:41] Speaker 2: Go ahead. [00:40:46] Darryl Brooks: I... I'm... You said... When is this supposed to be? Because I'm... I'm definitely gonna need a little bit more time than the... The... [00:40:54] Speaker ?: The 11th. [00:40:55] Speaker 2: Mr. Brooks, I've made my decision. The sentencing will be on the 15th and the 16th of November. Anyone who wants to appear by Zoom on your behalf, you must file a request in writing no later than noon on the 11th. The same is true for the state. Um... Everyone needs to be specifically identified so that I can make the appropriate approvals. And only those individuals who I specifically approve to appear by Zoom may be on the Zoom. The Zoom information can't be passed out further. And I'll create a special Zoom for that and I'll make sure that I work with Teresa to do that and get that information when I approve that to the parties. [00:41:33] Darryl Brooks: Your Honor, what if I'm placed on the protocol? Per the... Per the jail? What if... [00:41:39] Speaker 2: Mr. Brooks, that's between you and the jail at this point. If there is something you need, you need to first go through them. I'm not gonna step on their toes with their protocols. I'm sure they'll understand this is a very important sentencing for you and make certain accommodations. They've done that throughout this case. I trust that they will do that as they determine is appropriate. [00:42:02] Darryl Brooks: They haven't done it for the past week when I went on the protocol without even telling them anything suicidal in nature. And I was still placed on a suicide watch protocol. I understand that, sir. [00:42:16] Speaker 2: I need to move on because I do have calendar this afternoon, but I want to have Detective Hibbler come to the stand. Hibbler. [00:42:22] Darryl Brooks: Your Honor. [00:42:23] Speaker 2: Deputy, what did I say? Detective, did I give you a promotion? Sorry. Alright. He's gonna come on up to the witness stand. I'm gonna swear him in and we'll go from there. [00:42:34] Darryl Brooks: For the record, may I respectfully object to your ruling, Your Honor? [00:42:38] Speaker 2: Noted for the record. Alright. Madam Clerk, swear him in, please. [00:42:42] Darryl Brooks: For the record, may I respectfully request a legal reconsideration of your ruling. [00:42:45] Speaker 2: Alright, Mr. Brooks, I'm gonna have to mute you because I need to keep going and I can't have this disruption. Go ahead. Raise your right hand. [00:42:51] Speaker 3: Do you solemnly swear that the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth? I do. Alright. [00:42:57] Speaker 2: Thank you, sir. Have a seat. I'll let you put your name on the record so I don't get that wrong. And so go ahead. Please state and spell your first and last names. [00:43:06] Speaker 4: First name, Nicholas, N-I-C-H-O-L-A-S, last name Kibler, K-I-B-L-E-R. Alright, thank you. [00:43:12] Speaker 2: And you are employed in what capacity with the Sheriff's Department? I'm a deputy for the Waukesha County Sheriff's Department. Alright, sir, were you assigned to the trial of Darryl Brooks? I was. And can you tell us in what capacity? [00:43:37] Speaker 4: My capacity was specifically, my responsibility was Darryl Brooks along with Deputy Stanielsen. [00:43:43] Speaker 2: And were you in court at the start of the trial on October 3rd? [00:43:49] Speaker 4: I was. [00:43:50] Speaker 2: And did you come into court or work the court trial every day that we were in session? [00:43:56] Speaker 4: I did. [00:43:57] Speaker 2: And can you, were you at all in charge of the restraints? Let me ask you this. Do you have knowledge of the restraints that were utilized on Mr. Brooks throughout this trial? I do. Can you describe those, please? [00:44:12] Speaker 4: It's a soft restraint that we used. It was not any type of electronic control device. It was just a soft restraint that we applied to Mr. Brooks prior to coming into court every day. [00:44:26] Speaker 2: And would that be a restraint system that was on his legs or something else? [00:44:31] Speaker 4: It was around his ankles. [00:44:33] Speaker 2: Alright. Throughout the trial, the tables in this courtroom had black table skirts. Do you remember seeing those? I do. And did that hide from view in any way the use of the restraints from the jury? [00:44:47] Speaker 4: It did. [00:44:49] Speaker 2: And were the restraints also attached to the table in some fashion? [00:44:54] Speaker 4: They were attached to the table by a tether. [00:44:58] Speaker 2: At any point in time, were there any other restraints utilized in the courtroom? [00:45:07] Speaker 4: There was not. [00:45:08] Speaker 2: At any point in time, were there any type of electronic or stun device placed on Mr. Brooks? [00:45:16] Speaker 4: There was not. [00:45:17] Speaker 2: Anything you would want to add to the record regarding the restraints that were used in this case, sir? [00:45:31] Speaker 4: Not at this time. [00:45:33] Speaker 2: Does the state have any questions? [00:45:36] Speaker 3: Just briefly, you rather. Sir, you indicated that the restraints were connected to the table through a tether. Is that correct? Correct. [00:45:45] Speaker 4: And then we would secure them with like a padlock. [00:45:47] Speaker 3: And how long was that tether? [00:45:49] Speaker 4: The tether that was in here was four feet. [00:45:51] Speaker 3: So Mr. Brooks could stand up? Correct. He could walk to his left briefly and walk to his right. Is that correct? [00:45:59] Speaker 4: That's correct. [00:46:00] Speaker 3: And that was the same rule that the state had that we had to stand up and use our table to question witnesses. That was the same rule that applied to Mr. Brooks. Correct. Okay. Nothing further. [00:46:11] Speaker 2: Mr. Brooks, you're unmuted. Do you have any questions regarding the restraint system as testified to by Deputy Kim? Yes, I do. [00:46:18] Darryl Brooks: And your honor, you can't practice law from the bench. [00:46:22] Speaker 2: Your question, sir. [00:46:23] Darryl Brooks: So, none of your fellow deputies told me that it was a shock device when I asked what was being placed on my ankles at the start of this trial? [00:46:36] Speaker 4: Not that I'm aware of. [00:46:39] Darryl Brooks: Not that you're aware of? Do you know for sure that I was told that they were a shock device? [00:46:46] Speaker 4: I don't believe that's the truth. I believe every time you had those devices put on, I was in there and it was either myself or Deputy Stenuelson putting them on and I did not tell you that nor did I ever hear Deputy Stenuelson tell you that they were an electronic device. [00:47:01] Darryl Brooks: So you were here every single day for every single moment of the trial? Correct. And you never heard any deputy tell me that they were, matter of fact, let me back up. Do you recall me asking what was being placed on my ankles? [00:47:19] Speaker 4: That I don't. If you did, we would have told you it was just an ankle restraint. [00:47:25] Darryl Brooks: And you said that it was an ankle restraint. Did it have any metal parts? [00:47:30] Speaker 4: Yes. [00:47:31] Darryl Brooks: And what are those metal parts? [00:47:33] Speaker 4: Metal part is where a strap went through and the locking device. [00:47:37] Darryl Brooks: And what are those, particularly, let's say, if a defendant in a trial attempts to, let's say, attack someone, what would be the purpose of those ankle restraints? [00:47:53] Speaker 4: The restraints we had on you would limit your movement, so if you did try to do anything, we would have had enough time to control you. [00:48:02] Darryl Brooks: And you state that, well, the prosecutors stated that the same rules were in effect for the defendant as the prosecution, but were they not allowed to put up exhibits to go to the front of the courtroom and put up exhibits? [00:48:26] Speaker 4: They might have a few times. [00:48:28] Speaker 2: The record will reflect it was one time in the presence of the jury, and after that I called them on it and said that would not happen, and then after that it was only with the permission of the court and then outside the presence of the jury. [00:48:42] Darryl Brooks: I don't believe that, Your Honor, you can practice law from the bench and answer the question that was asked to the defendant. [00:48:50] Speaker 2: Mr. Brooks, I'm in charge of the record, not you, and the record's going to be accurate. [00:48:55] Darryl Brooks: I didn't say, well, it's not accurate. You're practicing law from the bench. [00:48:58] Speaker 2: All right, Mr. Brooks, do you have any other questions for this witness? Yes, I do. Yes, I do. It has to be about the restraint system. Please continue. [00:49:04] Darryl Brooks: Okay, and was I allowed to approach the bench and put up exhibits at any time during this trial? You were not. And so how is it that the prosecution was able to do something that I was not able to do? [00:49:20] Speaker 4: That's not for me to answer. [00:49:22] Darryl Brooks: It's because of the shock device that was put on my ankles, correct? [00:49:26] Speaker 4: There was no shock device on your ankles, sir. [00:49:29] Darryl Brooks: I was told that it was. And you said that you don't recall hearing that being told to me, correct? [00:49:36] Speaker 4: No, it was not told to you by me. [00:49:38] Darryl Brooks: Yeah, by you. But you also said, that's the point that I'm getting at. I'm asking the question. You said that it wasn't told to me by you. I've never asked you, correct? [00:49:54] Speaker 4: You never asked me, but I also did not ever hear Deputy Stanielsen tell you that they were a shock device. [00:49:59] Darryl Brooks: I never asked you. I never asked you. Yes or no? [00:50:02] Speaker 4: No, you did not. [00:50:04] Darryl Brooks: So do you know for sure if I ever asked any other deputy? [00:50:08] Speaker 4: Well, considering I was in there when the restraints were being placed on you, I did not ever hear anybody while I was inside the bullpen while they were putting restraints on you. [00:50:17] Darryl Brooks: So it would be fair to say that you don't know for sure if I ever asked what the device was that was being placed on my ankle? [00:50:23] Speaker 4: No, I can't be for sure. [00:50:31] Darryl Brooks: So how do you know I didn't ask? [00:50:35] Speaker 2: You don't have to answer that. That's argumentative. [00:50:38] Darryl Brooks: I mean... [00:50:39] Speaker 2: All right. The records were made. Mr. Brooks, I'm cutting off the questioning. I'm just muting him for a moment. The record's been made. Deputy, you may step down. Mr. Brooks, if you have additional information that you want to provide to the court, I'd ask that you do so in writing and you provide the identity of any and all individuals you claim provided you with information that you were in a shock restraint. But I'll make a finding based upon the testimony of Deputy Kibler and also my knowledge of being in the courtroom every day and seeing Mr. Brooks being attached, meaning they would secure him to the table, they would unsecure him when he needed to move and other things. I'll make a finding that the soft restraint system was what was utilized and at no time was he ever in a shock type of device. All right. With that then, ladies and gentlemen, it is going to conclude the hearing today. We have the sentencing dates. I would also ask that any and all written material that either side wants this court to consider also be filed by the 11th by noon. So that's November 11th at noon. That will give this court ample time to review it ahead of the hearing on Tuesday, November 15th. All right. Thank you, everyone. We are in recess. The court's going to take a short break before I start with my remaining afternoon calendar. Thank you. [00:52:16] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.