The man facing charges of six counts of homicide and more than 60 other charges related to an incident at the Waukesha Christmas parade last November is headed to trial in two weeks. But not before some late controversies.
Prosecutors allege Darrell Brooks drove his SUV at a high rate of speed through the parade, killing six people and injuring dozens. He was in Waukesha County court Monday for a hearing on some legal motions and various other points brought up by prosecutors and Brooks' defense team.
On one issue, Waukesha County District Attorney Sue Opper objected to Brooks' request to wear a health care face mask throughout the trial.
"The jury will be shown multiple videos and photographs of the driver of the SUV throughout the trial. They will hear testimony from eyewitnesses that we believe will identify the driver of the vehicle. But ultimately, that is a question they will have to be concerned with themselves and be convinced beyond a reasonable doubt that Mr. Brooks is the person who committed these crimes he's accused of. And with the face mask he's been wearing to court, I think that impedes the ability of the jury to reach that conclusion as to the identity of the defendant," Opper asserted.
Defense Attorney Jeremy Perri said Brooks has a good medical reason to wear a mask in court.
"We aren't so far removed from COVID that it's a mystery as to why somebody would be wearing a mask. Mr. Brooks has been consistent at the jail, in the court, with being masked," Perri said.
Judge Jennifer Dorow ruled that Brooks can wear a mask for most of his time in the courtroom, but that she may ask him to remove it for individual witnesses to identify him.
Also, in court Monday, prosecutors announced they had dropped plans to have the jury go on a guided tour of the parade route, but they do want jurors to view Brooks' SUV in a sheriff's department garage.
Dorow will allow the garage setting, over the objection of defense lawyer Perri, who argued the viewing of the vehicle should occur at a more impartial site like the county fairgrounds.
Dorow said precautions could be taken at the sheriff's department, plus, "It would address the security needs and interests of the sheriff. It would provide an opportunity for all parties, including Mr. Brooks, to be present and the court as well," Dorow said. She added that she and the lawyers in the case could do a walk-through of the garage before the jury sees it and discuss any concerns.
Jury selection for the Brooks trial will start on October 3, with the prosecution promising its case will wrap up within 5 to 7 days. However, Perri did not indicate in court Monday how long the defense would take.
