Darrell Brooks: The Opening Statement

[00:00:00] Speaker ?: I don't know what I'm doing. I'm not going to leave it alone. I'm not going to leave it alone. I'm not going to leave it alone. I'm not going to leave it alone. I'm not going to leave it alone. I'm not going to leave it alone. I'm not going to leave it alone. I'm not going to leave it alone. I'm not going to leave it alone. I'm not going to leave it alone. I'm not going to leave it alone. I'm not going to leave it alone. I'm not going to leave it alone. I'm not going to leave it alone. [00:00:29] Speaker 1: Your Honor, I have a question. Go ahead. The files that I'm attempting to locate are pertains directly to the witnesses that I will be calling. I'm not sure what witnesses are here today. [00:01:05] Speaker 2: Well, let's do this. I'd like you to at least do your opening statement. Bring the jury and do that. We'll give you an opportunity to look again. I can have the state write down who's here. I believe it's based on what you told them. And then we'll, if there's still something you need at that point, I'd like to at least bring the jury out and start with your opening statement. [00:01:27] Speaker ?: Okay? [00:01:27] Speaker 1: Well, just so I'm clear. I didn't give a specific order in, you know, who I will be calling by specific order. I gave a generalization of who would be called on what day. [00:01:41] Speaker 2: Sure, I'll have the state, sorry. [00:01:43] Speaker 1: Who would be called on what day? [00:01:47] Speaker 2: Why don't I have the state write down who's here presently and then you can make that determination. But at least let's go with the opening statement. [00:01:55] Speaker 1: That's what I was trying to get at. It would help to know who's actually here today. [00:01:59] Speaker 2: Before you make your opening statement? [00:02:03] Speaker 1: Well, so I know if they're not here, then essentially I can't call them. [00:02:09] Speaker 2: Let's address that after. I'll have the state write down who they know to be here now or who's coming this afternoon because there might have been people here this morning. I believe they're still here, but I'll let them write that down for you so you can better prepare. But at this point, I would like to bring the jury out for your opening statement. I presume you're going to give one. [00:02:33] Speaker 1: I am. [00:02:34] Speaker 2: Okay. Then I'll have the jury brought out, okay? [00:02:37] Speaker 1: Subject matter jurisdiction. [00:02:39] Speaker 2: My prior written decision stands. I will not be addressing that further. Your objection is noted and I will be continuing with the trial. [00:02:50] Speaker 1: Is it verified proof for the record? For the record? [00:02:53] Speaker 2: Sir, I don't believe I need to do that or that the state needs to do that as well. I believe your statement about that is a misstatement of the law and I do not intend to pursue that further. [00:03:06] Speaker 1: Can you show me lawful law that says that? [00:03:08] Speaker 2: I gave you a written decision. I have done that. [00:03:10] Speaker 1: Can you show me lawful law that verifies that? [00:03:12] Speaker 2: Sir. For the record. If I gave you a written decision. [00:03:15] Speaker 1: That I accepted for value in return for value. And that's how I'm going to answer that. It was not verified proof. We still aren't. [00:03:25] Speaker 2: Sir, there is no requirement in the law that the state for the court establish that. So your objection is noted. Actually there is. [00:03:33] Speaker ?: All right. [00:03:33] Speaker 1: Actually there is your honor. Subject matter jurisdiction has to be proven for the record. Sir, please. It has to be proven. It has to be proven. It has to be proven. You know that just as well as. Mr. Brooks. [00:03:45] Speaker 2: You know that. [00:03:46] Speaker 1: You know that. [00:03:47] Speaker 2: Please do not make statements that mischaracterize the law. [00:03:50] Speaker 1: You know it has to be proven for the record. [00:03:51] Speaker 2: Or that impede the integrity of this court. You know it has to be proven on the record. And the proceedings here. You know it has to be proven. The jury is advised to disregard the statements that Mr. Brooks is making regarding subject matter jurisdiction. They are not evidence. And you are to disregard them. [00:04:07] Speaker 1: It is not presented as evidence. It just has yet to be proven for the record. [00:04:13] Speaker 2: The jury will disregard the incorrect statements of the law that Mr. Brooks is stating. [00:04:18] Speaker 1: Where is lawful law that is incorrect? [00:04:20] Speaker 2: Mr. Brooks, please. I am going to read one instruction. Thank you everyone. Please be seated. The defendant will now make an opening statement. The purpose of an opening statement is to give the defendant an opportunity to tell you what he expects the evidence will show so that you will better understand the evidence as it is introduced during the trial. I must caution you, however, that the opening statements are not evidence. With that, go ahead, sir. [00:04:54] Speaker 1: Obviously, I don't have any rehearsed or well prepared speech, so I'm just going to speak from the heart. I would just like to first say that I want to bring to remembering something I think everyone in this room has been taught pretty much as far back as we can remember. One of the things we can remember is that there's always two sides to every story. And for so long now, roughly a year, there's only truly been one side told of this story. And I've sat back and watched from countless narratives that's been put out there, the way this incident has been portrayed at times. And finally, everyone getting a chance to get the full story. You won't hear me try to argue facts. The fact is that this incident was tragic, very tragic. That's not lost on me. The facts are that there's still a lot of people healing, a lot of families healing on both sides. And when I'm confident that the evidence will show. I'm sorry, I'm getting a little emotional, but I'm confident that the evidence will show. The fact is that this incident was not planned. This incident was not intentional. And this incident was never even thought about. It's easy to... I'm sorry. [00:07:55] Speaker ?: I need you a second. Ugh. [00:07:57] Speaker 1: I'm sorry. [00:07:58] Speaker ?: I need you a second. [00:07:58] Speaker 1: Ugh. I'm sorry. It needs you a second. [00:08:01] Speaker ?: Ugh. I'm sorry. I need you a second. Ugh. I'm sorry. I need you a second. Ugh. I'm sorry. I need you a second. Ugh. I'm sorry. I need you a second. Ugh. I'm sorry. I need you a second. Ugh. I'm sorry. I need you a second. Ugh. I'm sorry. I need you a second. Ugh. [00:08:23] Speaker 1: I think it's a... It's easy to look at the magnitude of something like this and... [00:08:46] Speaker ?: Form pains. I think, uh... It's easy to disregard a lot of... [00:08:49] Speaker 1: A lot of factors. [00:08:51] Speaker ?: And I think, uh... I think, uh... It's easy to disregard a lot of... A lot of factors. Uh... I think, uh... [00:08:59] Speaker 1: I think, uh... I think, uh... It's easy to disregard a lot of... A lot of factors. A lot of factors. [00:09:05] Speaker ?: A lot of factors. [00:09:18] Speaker 1: Uh... And I think, uh... In reference to what I stated earlier, it's... It's easy to forget... [00:09:24] Speaker ?: Uh... The other side of the coin. [00:09:26] Speaker 1: Uh... There's been, uh... [00:09:28] Speaker ?: A lot of suffering involved in this incident. A lot. Uh... There's been, uh... [00:09:33] Speaker 1: A lot of suffering involved in this incident. A lot. [00:09:48] Speaker ?: Um... Obviously... Um... [00:09:51] Speaker 1: Um... With the families. Um... With the... With the... With the community. [00:10:15] Speaker ?: Uh... And, uh... [00:10:20] Speaker 1: Even the alleged... The alleged defendants, uh... Family as well. [00:10:28] Speaker ?: There's... [00:10:28] Speaker 1: There's been a lot of suffering. A lot of misunderstanding. And, uh... Uh... I just want you to keep in mind, uh... Everything that will be, uh... Presented. In its totality. Keep in mind. Keep in mind. The power that you have. I believe, uh... [00:11:31] Speaker ?: Uh... I believe, uh... That... [00:11:33] Speaker 1: Shouldn't escape your... Your knowledge. Your knowledge. You know, this is... This has been a long process. For... For everybody. And what I believe is, uh, when it's time for you to make your decision, all of you, I believe that, and I pray that it's the right decision. That all the factors are weighed. There's been a lot of words thrown out there about the alleged. A lot of speculation, a lot of ridicule. Words like demons, words like monsters. I know, uh, a lot of the time I've been before you, you've seen me with this bad skull. Yeah, I've had my reasons for that, but I feel now is the time to, it's important that you see me for who I am. And no mask for who I am. I think this is the moment for that. [00:15:09] Speaker ?: I pray that you're, uh... I pray that you're, uh, your eyes and ears remain as open as possible. [00:15:29] Speaker 1: I pray that you're, uh, your eyes and ears remain as open as possible. [00:15:45] Speaker ?: I understand that you're, uh, your eyes and ears remain as open as possible. [00:15:59] Speaker 1: I understand that you alone decide this case, this matter. The power is in your hands. All of you. To determine for yourselves. What truth is. Thank you. [00:16:35] Speaker 2: Thank you, sir. And, do we have their writing materials available? All right. Thank you. Mr. Brooks, you ready to call your first, would be your second witness, actually. Do you need a minute? [00:17:17] Speaker ?: I'm going to call your first witness. I'm going to call your first witness. I'm going to call your first witness. I'm going to call your first witness. I'm going to call your first witness. I'm going to call your first witness. I'm going to call your first witness. I'm going to call your first witness. I'm going to call your first witness witness. [00:17:35] Speaker 2: I'm going to take a short break. I'll rise for the jury, please. We'll be doing some short break. [00:18:05] Speaker ?: Thank you. [00:18:35] Speaker 2: The materials that you were looking for, let us know if there's something you need in that regard. And Attorney Opper, if you could perhaps just confer with him over which witnesses are here, I'll step off the bench while you do that, and if someone can just let me know, I'll come back out in like between five and ten minutes unless I'm told to come back out sooner. Yes, Your Honor. Thank you. Otherwise, you can just call when we are in front of the jury, so have the jury brought out, please. Some of them are downstairs and some of them are out here, so it's fine. It'll take a few minutes if they're over in the main courthouse. Okay. Why don't you tell the state the first witness to make sure they're right outside the courtroom, [00:19:45] Speaker ?: most likely? [00:19:46] Speaker 1: Most likely, Bertram. Bertram. Bertram. Bertram. Bertram. [00:19:52] Speaker ?: Bertram. [00:19:52] Speaker 1: Bertram. Bertram. [00:19:54] Speaker ?: Bertram. Bertram. [00:19:56] Speaker 1: Okay. Most likely. Most likely. [00:19:59] Speaker 2: Do you want to give us two names and we'll have two people out there? I just want to make it go smoothly, sir. [00:20:06] Speaker 1: I just want to make it go smoothly, sir. That's all. But this list, I kind of wasn't expecting that to be first. [00:20:16] Speaker 2: Who do you want to call first? And we'll see if they're here. [00:20:21] Speaker 1: Well, I ... Sorry. That's okay. Apparently, this list is who's here, I'm guessing. [00:20:33] Speaker 2: That is ... That's my understanding, as well. Am I calling you? Not yet. Okay, I'm sorry. [00:20:44] Speaker ?: Check it out. [00:20:47] Speaker 2: Is there someone you expected to be on the list that is not? [00:20:51] Speaker 1: Kind of. [00:20:56] Speaker 2: Do you want to make a record of that? Do you want me to address it in any way? [00:21:02] Speaker 1: No. Nah. Not right now. [00:21:06] Speaker 2: All right, well then I'm going to instruct the jury to come out and then you can call your first witness. [00:21:14] Speaker ?: I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. [00:22:04] Speaker 2: I'm going to have a record of that. I'm going to have a record of that. [00:22:06] Speaker ?: I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. I'm going to have a record of that. [00:22:16] Speaker 2: Thank you, everyone. Please be seated. You may call your first witness. Actually, your second witness. [00:22:52] Speaker 1: The defense would like to call the plaintiff, state of Wisconsin, to the stand. [00:22:57] Speaker 2: The objection is noted. It is sustained. Call your next witness, please. [00:23:14] Speaker 1: Reason for the sustain. [00:23:16] Speaker 2: Not relevant. And you haven't named a person to go along with it. [00:23:24] Speaker 1: The subpoena was accepted, Your Honor. [00:23:27] Speaker 2: I'll take the issue up outside the presence of the jury if necessary. Call your next witness, please. [00:23:32] Speaker 1: I would like to make an oral attendance motion to dismiss for failure to appear by the plaintiff and for failure to state a claim from which relief can be granted. [00:23:44] Speaker 2: I will take that up outside the presence of the jury. [00:23:48] Speaker ?: Next witness, please. [00:23:50] Speaker 1: So, is the state not present? [00:23:52] Speaker 2: Mr. Brooks, I'm not going to address that any further. While the jury's present, I'll take that up outside their presence. Call your next witness, please. [00:24:12] Speaker 1: The defense calls Nicholas Kirby. [00:24:14] Speaker 2: Is that a witness who's in the hallway, do we know? I don't believe in the hallway, but we will have him brought over, Your Honor. All right, thank you. It will be just a moment or two. While we wait for that witness to come into the hall. [00:24:43] Speaker ?: Thank you. Thank you. Thank you. Thank you. [00:25:09] Speaker 2: Sir, would you please make your way to the witness stand? It is up one riser to my right. When you get there, please remain standing. Raise your right hand and my clerk to read.