WAUKESHA (NBC 26) — Darrell Brooks, the man accused in the Waukesha Christmas Parade tragedy, is in court Thursday and Friday.
Attorneys on both sides of the case will fight over what evidence is admissible at trial during the hearings this week.
Waukesha Police Department Detective Jay Carpenter, who questioned Brooks when he was taken into custody and to the hospital, took the stand at the start of the hearing.
Defense attorneys filed several motions, including one to suppress interrogation recordings from the night of the parade.
They say Brooks was in custody at Waukesha Memorial Hospital for a blood draw and observation when police violated his right to remain silent and didn’t stop the interview right away.
Prosecutors say it was Brooks who kept asking law enforcement questions about why he was there, and they answered those questions without further questioning.
"At approximately 9:03 I subsequently read the rights to Mr. Brooks and he said he wouldn’t speak 'not right now,'" said Carpenter.
When asked who made the next statement, Carpenter said, "Mr. Brooks. He said not right now. He then began to indicate how confused he was as to why he was there at this point. He begins to speak and asks a question and asks what I am even being detained for. I answered and said 'we went over that and it’s regarding you being found on the porch where you were located.'"
Carpenter said Brooks did not say anything about driving a vehicle through the parade nor did he mention hurting anyone.
Defense attorneys are also asking the judge not to allow evidence found in Brooks’ jail cell during a search last month.
Prosecutors say they searched his cell because they had reason to believe Brooks was plotting to fake his mental health evaluation for his insanity plea.
Brooks' trial is set to start on October 3rd.
Brooks is charged with six counts of intentional homicide - one for each person killed in the Waukesha parade attack. More than 70 other people were injured.
He could face life in prison.