Accused driver in Waukesha Christmas Parade tragedy has until Wednesday to file paperwork needed to represent himself

The trial for the accused driver in the Waukesha Christmas Parade tragedy is in limbo days before it’s set to begin.

Darrell Brooks Jr., who faces 77 criminal charges, including six counts of first-degree intentional homicide, said during a hearing Tuesday he wants to act as his own attorney during the trial. This came after Brooks’ attorney Jeremy Perri filed a motion in Waukesha County Circuit Court last week asking that he and assistant public defender Anna Kees be taken off the case.

During an intense hearing Tuesday afternoon, Brooks and Waukesha County Circuit Court Judge Jennifer Dorow sparred about the nature of the charges and what Brooks would be up against if he did decide to represent himself.

Brooks repeatedly said he didn’t understand the charges. After questions from Dorow, Brooks finally said he was “aware” of the charges and the punishments they carry.

The judge also warned Brooks would be facing experienced prosecutors in the Waukesha County District Attorney’s Office if he did go to trial without legal counsel. She also told him that if he decided to represent himself, he would be held to the same standard as an attorney.

“I just want you to understand the resources that you’re up against when you represent yourself,” Dorow told Brooks during the hearing.

“It doesn’t make me flinch one bit,” Brooks said in response.

“And I’m not asking you whether you flinch, I’m asking you if you understand it,” Dorow said.

Dorow stopped questioning Brooks and took a recess after Brooks repeatedly said he was confused as to how the state could be the plaintiff in the case. Brooks also said he wanted to represent himself as a “sovereign citizen.”

“I’m not going to answer any more questions until you answer the question of how the state can be a plaintiff,” Brooks said.

After the recess, Dorow gave Brooks until 9 a.m. Wednesday to fill out a “waiver to the right of attorney” form. There will likely be a hearing Wednesday regarding the matter.

“But at this point, sir, I cannot grant the request because I cannot make a finding that you understand what’s going on, but that has been done because of the word game that you are employing with me,” Dorow said.

The trial is still set to start Monday, Oct. 3

In a brief filed Monday, Waukesha County District Attorney Sue Opper said she wasn’t opposed to Brooks representing himself as long as that didn’t delay the trial.

“Any request to adjourn the trial at this late date is untimely and should be denied,” Opper wrote.

Opper also pointed to other incidents during recent hearings, including an outburst by Brooks in court in August. Brooks also asked for a hearing to be adjourned in September because of a toothache.

“This record establishes any request to adjourn at this time would be a tactic by the defendant to manipulate the court and avoid trial,” Opper wrote.

Dorow could deny the motion, or decide that Brooks is not competent enough to represent himself. She could also let his current attorneys serve as standby counsel.

The Wisconsin Supreme Court decision State v Klessig said the if a defendant wants to represent himself, the court must ensure the defendant, “made a deliberate choice to proceed without counsel, was aware of the difficulties and disadvantages of self-representation, was aware of the seriousness of the charge or charges against him, and was aware of the general range of penalties that could have been imposed on him.”