WAUKESHA, Wis. – Police say man drove SUV into Christmas parade crowds last year, killing six, is representing himself in court, a decision experts say could slow nearly every step of the process and create chaos in the courtroom for victims who are still grieving.
Darrell Brooks Jr., 40, is charged with 76 counts, including six counts of first-degree intentional homicide, related to the November 2021 Waukesha Christmas Parade tragedy.
Jury selection began Monday after near-constant interruptions from Brooks, who has no legal training. Waukesha County Circuit Judge Jennifer Dorow repeatedly removed Brooks from the courtroom and warned him that if the interruptions continued she would appoint a lawyer to keep the lawsuit on track. way.
“If your intention is to disrupt these proceedings…or to mock this court, I cannot tolerate that,” Dorow told Brooks during a series of interruptions.
After Brooks was sent back to a separate courtroom on Tuesday to participate via video due to his disruption, 16 jurors – 12 plus four alternates – were selected Tuesday night. The testimony portion of the trial is scheduled to begin Thursday.
Brooks’ request to represent himself and his decision weeks earlier to withdraw his insanity defense plea raised questions about Brooks’ strategy and whether he intended to delay the trial. The procedure risked involving dozens of witnesses over several weeks.
“It’s really going to be a tough trial for the witnesses,” said Tom Grieve, a Madison-based criminal defense attorney. “You have a defendant who feels like he has nothing to lose. He’s going to try to make the biggest mess possible and force a fumble from the prosecutors or the judge and try to force the quashing of the trial or appeal.
WHAT THERE IS 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
Darrell Brooks representing himself in court could lead to delays
Proceedings have already been delayed by a number of outbursts from Brooks. During a hearing in August, he fell asleep at the defense table, woke up, gave a tirade and got into a fight with an usher. During last week’s hearing, he repeatedly interrupted Dorow as she spoke. Dorow became so frustrated that she adjourned until the next day.
If Brooks becomes so unruly that cross-examination fails, Dorow could simply end the questioning, said Phil Turner, a Chicago-based defense attorney and former federal prosecutor. That would give Brooks grounds for appeal, he said, “but there will be an appeal no matter what.”
There’s no indication how long it might take Brooks to plead his defense. Prior to 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 expected prosecutors to take between five and seven days to present their case.
A self-represented defendant is not unprecedented and has some legal ramifications, said Waukesha defense attorney Anthony Cotton, who is not involved in the case. Given that Brooks is all but guaranteed to be convicted and sentenced to life, it might be a decent strategy to defend himself and make the trial a chaotic circus – and hope some appealable issues emerge.
Judges generally look down on holding trials with self-representing non-lawyers. Cotton expected Judge Dorow to look closely at Brooks’ request to ensure he had jurisdiction and that the request is not solely an attempt to delay the trial or force a mistrial a time it started.
But denying an accused his right to represent himself can also backfire.
In a high-profile 2006 case in Waukesha, the judge denied Sean M. Young’s request to stand trial without a lawyer — who had been Cotton. The judge allowed Young to sue with Cotton as backup counsel, but later decided the approach was not working and denied Young’s active participation as well as his request to do his own argument.
Young, who eventually stopped communicating with Cotton throughout the trial, was found guilty. The Court of Appeal later granted Young a new trial on the grounds that he had been wrongfully denied his constitutional right to represent himself.
Paul Bucher, a former Waukesha County district attorney, warned that the trial will become painful for victims and other witnesses who will have to interact with Brooks during cross-examination.
“He plays games, and I think he likes that,” Bucher said. “…It’s going to be terrible for victims and witnesses.”
The judge in the Brooks case denied many of his claims
Brooks faces a long list of charges to defend as well as mounting roadblocks resulting from Dorow’s recent rulings.
Brooks was originally charged on November 23, 2021 with six counts of first-degree intentional homicide. But soon after, dozens of charges were added, including 61 counts of recklessly endangering safety by using a dangerous weapon linked to injured people along the parade route.
In various lawsuits since the criminal complaint was amended in January, Brooks and his attorneys had requested: a change of venue; delete statements made to investigators after the incident; to have the case dismissed due to a jail search which they claim violated his attorney-client privilege; and competency examinations in support of his special plea of not guilty by reason of mental illness or infirmity.
Dorow, in separate decisions, denied most of these key points. Sealed reports from three doctors who examined Brooks for his mental capacity likely contributed to his decision to drop his insanity defense.
Contributor: The Associated Press
Contact Jim Riccioli on Twitter at @jariccioli.