Judge again allows Darrell Brooks to represent himself, this time in parade homicide appeal

WAUKESHA - Darrell Brooks Jr. will again represent himself as he considers an appeal of his 76-count conviction in the Waukesha Christmas Parade tragedy homicide case.

In a motion hearing Friday, Brooks' current court-appointed attorney, Michael Covey, asked the court to allow him to withdraw from future proceedings — a request initiated by Brooks himself earlier this year. Under an eighth extension granted March 4, Brooks has until June 3 to file an appeal for post-conviction relief.

The decision carried feelings of déja vu, given that scenario which previously played out just days before Brooks' October 2022 trial, an often chaotic month-long ordeal in which he was eventually convicted on all criminal counts, including six first-degree intentional homicide charges tied to the deaths of parade participants.

Brooks acknowledges his rights in deciding to proceed on his own

Like he did in late September 2022, Brooks, now 43, answered questions in a conversation, known as a colloquy, initiated by Waukesha County Circuit Court Judge Jennifer Dorow about whether he was aware of his rights and the risks of proceeding without legal representation.

Further more, in this instance, Dorow pointed to a letter, dated Feb. 26, from the Wisconsin Public Defenders office that explained Brooks, who is legally indigent, would lose any rights for another court-appointed attorney if he decided to represent himself, known by the courts as "pro se" representation.

Brooks, appearing virtually from prison using Zoom, said he understood the risks, including the difficulties he will face trying to defend himself from a prison setting that could limit or delay his access to information he needs in his appeal. But he insisted he was firm in his decision. Both Covey and Brooks told Dorow that Covey's withdrawal motion was not the result of any disagreements in strategy for a possible appeal.

"I just want to represent myself," Brooks said, declining to go into detail as to the reasons.

Also in court Friday, Covey told Dorow that he has "spent hundreds of hours" reviewing the documents and case, information which he has shared with Brooks should be choose to represent himself in an appeal.

"We have gone through that process, and he has decided to proceed pro se," Covey said, later adding that he has agreed to provide Brooks with copies of appellate court procedures he will need to follow closely. He also said he has agreed to provide additional, though limited, help with other documents he will need.

Dorow again agrees that Brooks can represent himself

In her ruling, Dorow, as she did in 2022, restated the rights of a defendants to have an attorney or to represent themselves pro se, including in an appeal court. She ultimately granted Covey's withdrawal and Brooks' desire to represent himself.

"Nothing has been presented to the court that would dissuade it otherwise," Dorow said. "I'm satisfied that (Brooks) is doing so again freely, voluntarily and intelligently, and with an understanding really of the dangers and disadvantages, and of his rights to an appeal and to appellate counsel."

Brooks was convicted of running over Tamara Durand, Wilhelm Hospel, Jane Kulich, Leanna Owen, Virginia Sorenson and Jackson Sparks in a fit of rage, resulting in their deaths, during the Waukesha Christmas Parade on Nov. 21, 2021. Dozens more were injured, some seriously.

He remains imprisoned at an unspecified out-of-state location, confirmed Friday by Dorow to be in South Dakota, while serving six consecutive life terms plus 762 years. (The nonlife terms are for the dozens of 61 first-degree reckless endangerment counts, six hit-and-run counts involving death and two bail-jumping counts, all felonies.)

He has previously signaled his intent to appeal his conviction, but to date has filed for numerous extensions, including several through representation by Covey, who spent most of 2024 reviewing court transcripts and records in anticipation of a potential appeal.

Covey indicated Friday that a ninth extension will likely be needed to allow Brooks to prepare his appellate case.

Contact reporter Jim Riccioli at james.riccioli@jrn.com.

This article originally appeared on Milwaukee Journal Sentinel: Brooks to represent himself in Waukesha Christmas Parade case appeal