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Darrell Brooks, the man accused of killing 6 people at a Wisconsin Christmas parade, is disruptively representing himself in court. Legal experts say it could be his strategy to create chaos and cause a mistrial.

Oct 5, 2022, 06:42 IST
Insider
Darrell Brooks reads from the Bible during jury selection in his trial as he appears via video in a separate courtroom in Waukesha County Circuit Court in Waukesha, Wis., Tuesday, Oct. 4, 2022.Mike De Sisti/Milwaukee Journal-Sentinel via AP, Pool
  • Darrell Brooks is accused of killing six people at a Wisconsin Christmas parade last year.
  • A judge had to call recess at least 11 times due to disruptions caused by Brooks.
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On the first day of jury selections for Darrell Brooks' trial, the judge had to call recess at least 11 times after a series of outbursts from the defendant — before kicking him out of the courtroom entirely.

During Monday's hearings, Brooks interrupted the judge to say he "doesn't recognize" his own name as "Darrell Brooks," objected to the jury selection process, and called himself a "sovereign citizen," Fox 6 Milwaukee reported.

On Tuesday, Brooks continued his disruptions, which included him failing to pay attention during proceedings and reading verses from the Bible over Zoom after the judge grew so frustrated with the frequent interruptions that he was sent to another courtroom to participate in jury selections while on mute.

Brooks is accused of killing six people and injuring dozens more on Nov. 23, 2021, after driving through a Christmas parade in Waukesha, Wisconsin. He is facing six counts of first-degree intentional homicide — each of which could result in a life without parole sentence — and 71 other criminal charges, from battery to 61 first-degree counts of recklessly endangering safety.

Brooks, who is defending himself, has caused a commotion in court before. Last week, during hearings on his self-representation, Waukesha County Judge Jennifer Dorow had to adjourn after Brooks repeatedly talked over her.

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'He can't win with conventional evidence'

Susan Opper, the district attorney who has been building a roster of witnesses against Brooks, told the judge last week there was "going to be no question in this jury's mind what happened, who was driving, how these people were injured or killed," the Associated Press reported.

Legal experts told Insider the chaos may be Brooks' attempt at being strategic — especially considering the evidence is stacked against him.

By disputing court proceedings, Brooks could be trying to cause a mistrial or build an appeal case to demand that his case be retried.

Neama Rahmani, a former federal prosecutor, told Insider these types of outbursts are common among sovereign citizen identifiers, who claim they are outside the jurisdiction of the law.

Rahmani said the judge will need to ensure Brooks' rights as both a lawyer and a defendant are respected in court, despite his constant interruptions.

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"The last thing you want to do is go through this whole process and have it reversed on appeal because you didn't get Brooks's procedural due process rights," Rahmani said.

Brooks' lack of experience in courtroom procedures will probably make the trial longer and much more difficult for everyone involved, Rahmani added. Brooks has already shown he lacks basic knowledge about courtroom rules, including those that bar attorneys from directly addressing the jury.

Brooks' mother, Dawn Woods, told Milwaukee station WDJT that she anticipated Brooks' behavior, saying that it was a result of his bipolar disorder and lack of access to medication. She had previously begged Dorow not to allow Brooks to represent himself.

Woods warned that he may continue to break down in court, telling WDJT that she has witnessed him in this state before "shouting, acting out... throwing chairs."

"I can see the storm coming," Woods told WDJT.

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Ed Bull, an attorney with the Marion County, Iowa, District Attorney's Office, told Insider that Brooks' outbursts will make the prosecutor's job more difficult as the potential of a mistrial becomes more possible.

"Most people in the public don't realize that as prosecutors, we are responsible for ensuring that the defendant is treated fairly in the system," Bull said. "And there's nothing that we want more than competent counsel on the other side...I think sometimes people are surprised when I say I really want the defendant to have a really good attorney."

Thomas Grieve, a defense attorney from Waukesha, told Insider he expected Brooks' outbursts, noting that he probably feels he has "nothing to lose."

"He can't win with conventional evidence... So if you can't beat the evidence, try to change the conversation, which is what he's doing by talking about sovereign citizenship," Grieve said. "And he's going to try to claim that he didn't have a fair trial at the end of the day."

Grieve added: "Or he's just doing it out of spite."

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Insider reached out to the Wakeusha Sherriff's Department in an attempt to reach Brooks for comment. Opper declined to comment to Insider.

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