Darrell Brooks, convicted in Waukesha Christmas parade killings, may act as his own attorney again in appeal
The latest twist unfolded as he has asked his attorney, Madison lawyer Michael Covey, to step aside, which under the circumstances means Brooks would again be left without an attorney during the key legal process — much as he did in his three-week trial in October 2022 that resulted in his conviction.
As to when an appeal with the Wisconsin Court of Appeals must be filed, that remains an open question. On Feb. 14, Covey filed for an eighth extension, asking the courts to set a new deadline for June 27.
It all comes more than a year after Covey, appointed by the State Public Defenders office in January 2023, began reviewing the piles of documents and trial transcripts that would've aided Brooks in an appeal. Brooks, who will turn 43 on Feb. 21, was sentenced in November 2022 to six consecutive life terms, plus an additional 700-plus years, following his conviction on 76 counts in the deaths of six people and injuries to dozens more in the downtown Waukesha parade.
On Feb. 14, Covey filed a motion in Waukesha County Circuit Court to withdraw from the case, at Brooks' request. The motion included a nine-point "grounds" summary, including several that essentially cautioned Brooks on the risk he will take if he chooses to seek postconviction relief pro se — a.k.a., representing himself.
In that motion were statements that Brooks, who is listed as indigent, would not be appointed another attorney from the public defenders office, which will send him a letter "explaining the disadvantages of proceeding pro se."
The decision by Brooks mirrors a similar circumstance days before the start of his trial in October 2022. Brooks frequently ignored standard courtroom decorum in that trial and openly challenged the authority of the court, including questioning the credentials of court officials, including Judge Jennifer Dorow.
Covey requested a hearing date be set to conduct what is called a colloquy — essentially a question-and-answer session in which a judge legally affirms whether Brooks understands the risks of representing himself. A similar session immediately preceded his trial in 2022. As of Monday, a hearing date has not been set.
Based on his responses, the court will have to decide if it should grant Covey's motion to withdraw.
In a voicemail message Friday to the Journal Sentinel, Covey acknowledged Brooks' request for him to withdrawal, but could add little concerning Brooks' reasoning. "I'm not able to give any kind of privileged information about the conversations with Mr. Brooks," he said.
The motion also alluded to Brooks' transfer to a prison outside of Wisconsin earlier this year. Whenever the forthcoming hearing is held, Brooks will appear remotely via Zoom from his new location, which has not been publicly disclosed.
In an email Monday, the Wisconsin Department of Corrections reiterated that Brooks' transfer was part of "an interstate compact that allows individuals convicted in one state to serve their sentence in another state for their own safety." Beth Hardtke, the DOC's public affairs director of communications, said the decision was not tied to any particular incident at the Wisconsin prison. For instance, no assault occurred that put Brooks at risk, she said in an email.
Contact reporter Jim Riccioli at james.riccioli@jrn.com.
This article originally appeared on Milwaukee Journal Sentinel: Darrell Brooks, convicted in Waukesha Christmas Parade killings, fires lawyer
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