Waukesha Parade Trial Could Be 'Tense' With Brooks Representing Self, Expert Says

WAUKESHA, WI — The man accused of ramming his car through the 2021 Waukesha Christmas Parade, leaving six dead and dozens injured, may face challenges as he heads to the first day of his trial on Monday representing himself without a lawyer.

Less than a week before Darrell Brooks' trial begins, Judge Jennifer Dorow granted him the right to represent himself, according to reports. He's facing six charges of first-degree intentional homicide, plus dozens of charges of endangering safety.

Among the many consequences of Brooks being able to represent himself: He may end up cross-examining the very people who were at the parade, "people who have identified him as the person who committed these crimes," according to John P. Gross, a clinical assistant professor at the University of Wisconsin Law School and the Director of the Public Defender Project.

"Everybody in there is going to be put in a very strange position, one that you do not normally see," Gross told Patch. "The defense lawyers who are normally conducting the trial, they're the sort of buffer between the defendant and the witnesses and the judge. And that's all going to be stripped away when Mr. Brooks is representing himself."

Gross also predicted challenges for Judge Dorow, who will have to maintain order and decorum all while someone who is not legally trained is taking part.

RELATED: Brooks Allowed To Represent Self In Waukesha Parade Trial: Reports

Brooks will likely face other challenges. He may need workarounds to access electronic court documents and evidence from jail, which he is entitled to access. Or, if Brooks wanted to subpoena another witness, Gross said he may have to have the court act for him.

One critical challenge Brooks faces is there likely won't be anyone by his side during the trial to answer his questions or give him legal advice. He'll likely have to handle the trial "completely on his own," Gross said.

"He can have the book with him," Gross said, "but I can tell you from firsthand experience, and I think most people would understand this, knowing the rules, and being able to play the game, well, are two very different things."

In Wisconsin, defendants are not entitled to have a public defender as standby counsel if they represent themselves, Gross said. And although courts can try to assign someone as standby out of concern for the defendant's ability or lack of knowledge, the trial is just days away.

In different circumstances, Gross said a judge may have been able to find someone from outside of the public defenders' office to sit with Brooks, just in case he has questions.

Before Dorow ruled that Brooks may represent himself on Wednesday, his mother wrote the court asking her to not let him, according to several media reports. But Dorow had some limitations, and the baseline for competency is pretty low, according to Gross.

"The defendant has to be able to demonstrate that they have the capacity to mount a defense, they don't have to prove to the judge that this is a good decision," Gross said. "They just have to prove that they are making it knowingly, intelligently. And by that, I mean, they're aware of the potential disadvantages of foregoing legal representation, but they still want to do it. And then the judge just really needs to be certain that that person is going to be able to adequately present some defense, even if it's not the best defense that a lawyer could present."

As to how the trial will go come Monday and beyond, it's anyone's guess.

It could be tense and even volatile, or Brooks may not even be an active participant, Gross predicted.