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Brooks removed from court, experts weigh in on trial expectations

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Brooks removed from court, experts weigh in on trial expectations

MADISON (WKOW) — Jury selection is underway in the trial of the man charged in the Waukesha parade tragedy.

Authorities say Darrell Brooks drove his SUV into the city's holiday parade in November, killing six people and hurting dozens more. Brooks faces dozens of felonies.

The first day of jury selection may be a preview of what's to come. During selection, Darrell Brooks objected to the use of his name. The judge removed him from the court and the DA threatened to gag Brooks if disruptions continued.

Legal experts weigh in on how these types of courtroom challenges could impact the trial.

"Some courts may give a little bit more leeway to pro se individuals, folks representing themselves," said Adam Stevenson, a UW legal expert in federal and state criminal law.

Stevenson said although courts have some flexibility in how strictly they use certain legal processes, once the trial starts Brooks will be expected to function as his own counsel.

"A person representing themselves in a criminal trial will be expected to follow all of the court's rules to apply the same statutes, and what is required is an awareness of the seriousness of the charges," said Stevenson.

In September Brooks withdrew his insanity plea. Last week, he submitted paperwork to represent himself, and a judge granted that request because Brooks was deemed competent to defend himself despite saying he didn't "understand" the charges but rather he was aware of them.

"His comments put into question whether he really fully understands those things," said Keith Findley, UW expert in criminal procedure.

Findley said the Wisconsin Supreme Court has said that a person representing themself must have minimum competency to undertake their own defense.

"That doesn't mean they have to know a whole lot about the law. But it actually requires a little bit more than the mere competency to stand trial. So again, that is put into issue. So it's going to make for a difficult trial. It will make for potential issues on appeal," said Findley.

Dawn Woods, Darrell Brooks' mother said she expects her son's trial to be frantic.

"I hate to say this. You're going to see manic, full-blown. That's what you going to see," said Woods.

The trial hasn't even started and already brooks has been removed from the courtroom to monitor jury selection remotely. This behavior could become a distraction during a critical stage of the trial.

"He has a constitutional right to confront his accusers," said Findley.

Findley said during the trial if Brooks' questioning of witnesses and victims becomes antagonizing, the court will take action.

"If it gets too aggressive, or hostile, she can rein it in, she can end it. And if it gets too bad, certainly a judge always has the authority to declare a mistrial," said Findley.

Jury selection could take at least three days to complete.

The trial is expected to start Monday and if Brooks decides to take the stand in his own defense, he would most likely read a narrative and would be subject to cross-examination by the prosecution.

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