Waukesha parade suspect Darrell Brooks will stand trial in October, Waukesha County judge rules

Jim Riccioli

Milwaukee Journal Sentinel

Published 5:38 pm CT April 4, 2022

WAUKESHA - Darrell Brooks Jr.'s trial for an 83-count criminal case tied to the Waukesha Christmas Parade tragedy will remain on the October schedule, and for now in Waukesha County.

Whether it remains in the county will be the subject of a change of venue hearing on June 20.

In a motion hearing Monday, Waukesha County Circuit Court Judge Jennifer Dorow ruled that the trial for the 40-year-old Milwaukee man cannot wait until 2023, as Brooks' defense team had hoped.

The decision followed an anticipated motion, filed April 1, from Brooks' defense attorneys asking for the scheduled Oct. 3 trial to be adjourned to a much later date. In a separate hearing earlier in the week, attorney Jeremy Perri suggested the defense might need at least a year, though in Monday's hearing he only specified that the trial be delayed until March "at the earliest."

Arguing for a delay

In several instances, Perri has referenced the need to line up expert testimony supporting his client's case, though he gave no indication what that defense would center on.

"Our best estimate in terms of when the defense would be ready to proceed and be prepared for trial resulted in us realizing that October is not realistic," he told Dorow.

In response to questions from Dorow, Perri acknowledged he had few specific reasons to support his request, adding his review of 1,300 pages of discovery documents presented by prosecutors has only been preliminary in nature, not in-depth.

"What can you point me to, or set forth for me, that would say 'If we don't get this adjournment, we would be prejudiced in this way,' whether it'd be the unavailability of a certain witness or for closing a line of defense?" Dorow asked.

"I can't at this stage," Perri responded.

The lack of specifics is a key point, prosecutors said in response to the defense motion.

"Mr. Perri represents to the court that they have made a reasonable request that's not out of line," Waukesha County District Attorney Sue Opper said. "That may be true, but it is frankly too difficult to assess with the information we have before us."

In preparing her trial order, Dorow concluded that the "balancing act" the court faces — between the time the defense said it needed to prepare its case on one side and case law and victims' rights on the other — she was forced to favor the latter, absent any specifics by the defense.

The court also heard from victims and their families who all objected to any adjournment.

But major questions remain about jury

Brooks' defense team has also sought to secure a fair trial for their client in two concurrent actions, including the option of using a 19-page questionnaire for prospective jurors delving deeply into their backgrounds and, more significantly, the possibility that the trial could be held elsewhere.

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https://www.jsonline.com/story/communities/waukesha/2022/04/04/waukesha-judge-affirms-darrell-brooks-trial-still-october/7266238001/

>>16023586

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Since February, defense attorneys Perri and co-counsel Anna Kees indicated their intent to ask for a change of venue, citing the intensive media coverage of both the parade incident and subsequent court proceedings during which Brooks was charged as a mass-murder defendant.

Brooks, 40, has pleaded not guilty to all charges.

In addition, Brooks' attorneys cited other attention that drew people to the incident. including overwhelming community support of victims, expressed in millions of dollars in donations, dozens of vigils and even a visit to Waukesha to support victims by first lady Jill Biden.

"While publicity is certainly relevant to determining the issue in the present case, additional factors also demonstrate that, in this case and in Waukesha County, the passions and prejudice negatively affecting the defendant's constitutional right to a fair trial are so great that a change of venue is necessary to ensure a fair trial," the attorneys wrote in their February motion.

In court on Monday, Perri and Kees reiterated that it all adds up to a situation in which only a jury from outside the county could more fairly assess Brooks' guilt or innocence.

As part of her trial order, Dorow set dates assuming a change of venue is denied. Those dates include the process of sending out questionnaires to the entire pool of potential jurors for October.

The questionnaires, which court officials are in the process of finalizing, are expected to be mailed out by April 15 and returned one month later, giving attorneys time to confer on any potential conflicts.

Witness and victims' names will remain under seal, as will the long list of specific questions that jurors will have to answer to determine their impartiality, Dorow ruled.

The process would quickly become moot if Dorow decided on June 20 to grant a change of venue.

One element that his attorneys have hinted at in previous hearings is whether Brooks was intentionally trying to run down parade attendees and participants or was swerving in an attempt to evade police.

Perri has argued that the thousands of people with connections to victims or who witnessed the shocking scene during the parade could easily influence the outcome of a trial.

Six people ultimately died, and more than 60 others were injured, in the incident on Nov. 21 in downtown Waukesha.

The criminal complaint, thrice amended, is largely built around those people. Brooks faces six counts of first-degree intentional homicide with use of a dangerous weapon (his vehicle), 61 counts of first-degree recklessly endangering safety with use of a dangerous weapon, six counts of hit and run involving death, and six counts of homicide by vehicle involving the use of a controlled substance.

Dorow estimated the trial, including unusually complex jury instructions tied to the 83 counts and jurors' considering ofeach count individually, could result in a trial process spanning four weeks.

In addition, Brooks faces four other charges: two felony bail jumping counts tied to a Milwaukee incident involving a woman who is the mother of his child, and two misdemeanor counts of domestic abuse battery involving the same woman in Waukesha minutes before the parade incident.

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https://www.jsonline.com/story/communities/waukesha/2022/04/04/waukesha-judge-affirms-darrell-brooks-trial-still-october/7266238001/

>>16023608

Definitely wanna keep eyes on this case, cuz the BLM support and all.