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Waukesha parade attack suspect's change of venue motion denied
On Monday, June 20, Waukesha County Judge Jennifer Dorow denied a change of venue motion for Darrell Brooks, the man accused in the Waukesha parade attack. That means his trial will occur in Waukesha County. The jury will be sequestered during the day but allowed to return home each night, similar to the Kyle Rittenhouse trial in Kenosha County.
WAUKESHA, Wis. - On Monday, June 20, Waukesha County Judge Jennifer Dorow denied a change of venue motion for Darrell Brooks, the man accused in the Waukesha parade attack. That means his trial will occur in Waukesha County. The jury will be sequestered during the day but allowed to return home each night, similar to the Kyle Rittenhouse trial in Kenosha County.
The trial is set for October and could last a month.
Brooks is accused of driving his SUV through the parade route in November 2021, killing six people and injuring more than 60 others. In court Monday, Brooks also changed his plea to not guilty by reason of mental disease or defect. He previously pleaded not guilty in February.
In February, Brooks' lawyers asked to move the trial or to bring in a jury from another county. Instead, the judge ordered questionnaires be sent to potential jurors in Waukesha to see if they can be fair to Brooks.
Waukesha Christmas parade attack
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Of the more than 1,500 questionnaires returned as of June 16, nearly half of possible jurors – 46% – said they attended the parade or knew someone who did. Another 13% said they attended a prayer vigil or fundraiser or donated to or expressed solidarity with the victims. Yet another 12% said they were adversely affected by the incident.
The defense argued those answers show the jury pool is spoiled.
Waukesha parade attack victims
However, the state said an impartial jury can still be found with proper questioning during jury selection, and prosecutors said moving the trial would be a significant burden for the large number of victims who want to view the trial in person.
Judge Dorow cited a number of other national high-profile cases, including the Boston Marathon bombing and Enron, in the lead-up to her decision. Dorow said it's OK if jurors have familiarity in regard to the Brooks case or watched news reports on it. She said a prospective juror only needs to be impartial.
Dorow said the defense and prosecution will be able to strike more jurors from the jury pool than they typically could. That hearing is set for late August.
She said that will allow both sides to weed out any prejudice.
Dorow said she wants four additional alternates picked for the jury.
Brooks faces 83 charges in connection with the Christmas parade attack; 81 of them felonies.