WAUKESHA, Wis. – The man who police say drove an SUV into a Christmas parade crowd last year, killing six people, is representing himself in court, a move experts say could slow almost every step of the process and create chaos in the courtroom for the victims. who are still grieving.
Darrell Brooks Jr., 40, is charged with 77 criminal counts, including six counts of first-degree intentional homicide, in connection with the November 2021 Waukesha Christmas Parade tragedy.
Jury selection began Monday after near-constant interruptions by Brooks, who does not have a legal background. Waukesha County Circuit Judge Jennifer Dorow repeatedly removed Brooks from the courtroom and warned him that if the disruptions continued, she would appoint an attorney to stand trial.
“If your intention is to disrupt these proceedings … or make a mockery of this court, I cannot tolerate that,” Dorow told Brooks during a series of interruptions.
Brooks’ request to represent himself and his decision weeks earlier to withdraw his insanity defense raised questions about Brooks’ strategy and whether he intended to delay the trial. The proceedings could involve dozens of witnesses over several weeks.
“It’s going to be a really challenging trial for the witnesses,” said Tom Grieve, a Madison-based criminal defense attorney. “You have a defendant who feels he has nothing to lose. He’s going to try to make as big a mess as possible and force a balance from prosecutors or the judge and try to force a mistrial or build an appeal.”
WHAT TO KNOW:Trial begins in Waukesha Christmas parade attack that killed 6 people
ABOUT DARRELL BROOKS: The suspect has been charged with crimes 10 times since 1999
Brooks representing himself could cause delays
Proceedings have already been delayed by several outbursts from Brooks. During a hearing in August, he fell asleep at the defense table, woke up, went on a tirade and fought with a bailiff. At last week’s hearing, he repeatedly interrupted Dorow as she spoke. Dorow was so frustrated that she suspended until the next day.
If Brooks becomes so unruly that questioning breaks down, Dorow could simply end the questioning, said Phil Turner, a Chicago-based defense attorney and former federal prosecutor. That would give Brooks grounds for an appeal, he said, “but there will be an appeal no matter what.”
There is no indication of how long Brooks might take to argue his defense. Before his decision to waive his right to an attorney, it appeared the trial would not require the full four weeks.
Waukesha County District Attorney Sue Opper previously said she expects prosecutors to take five to seven days to present their case.
A defendant representing himself is unprecedented and has certain legal ramifications, said Waukesha defense attorney Anthony Cotton, who is not involved in the case. Since Brooks is almost guaranteed to be convicted and sentenced to life in prison, it could be a decent defense strategy and make the trial a chaotic circus, and hopefully some appellate issues will arise.
Judges generally disdain holding trials with non-lawyers representing themselves. Cotton hoped Judge Dorow would take a close look at Brooks’ request to make sure it was competent and that the request is not simply an attempt to delay the trial or force a trial once it has begun.
But denying a defendant his right to represent himself, however, can also be counterproductive.
In a high-profile 2006 case in Waukesha, the judge denied Sean M. Young’s request to be tried without a lawyer, who had been Cotton. The judge allowed Young to proceed with Cotton as backup counsel, but later decided the approach wasn’t working and denied Young active participation as well as his request to make his own closing argument.
Young, who eventually stopped communicating with Cotton throughout the trial, was convicted. The Court of Appeals later granted Young a new trial on the grounds that he had been wrongly denied his constitutional right to represent himself.
Paul Bucher, a former Waukesha County district attorney, warned that the trial will be painful for victims and other witnesses who will have to interact with Brooks during cross-examination.
“He’s playing, and I think he likes it,” Bucher said. “… It will be terrible for the victims and the witnesses.”
The judge in the Brooks case has denied many of his requests
Brooks faces a long list of charges to defend and increased barriers stemming from recent Dorow decisions.
Brooks was initially charged on November 23, 2021 with six counts of first degree intentional homicide. But soon after, dozens of charges were added, most notably 61 counts of recklessly endangering safety by using a dangerous weapon tied to the wounded along the parade route.
In several court actions since the criminal complaint was amended in January, Brooks and his attorneys had asked for: a change of venue; suppress statements made to investigators after the incident; that the case be dismissed outright because of a jailhouse search that they say violated their attorney-client privilege; and competency examinations to support his special plea of not guilty by reason of mental disease or defect.
Dorow, in separate decisions, denied most of these key points. Sealed reports from three doctors who examined Brooks for mental competency likely contributed to his decision to withdraw his insanity defense.
Contributor: The Associated Press
Connect with Jim Riccioli on Twitter at @jariccioli.
