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Darrell Brooks trial: What is defendant's 'theory of defense'?
In his deferred opening statement, Darrell Brooks told the jury in the Waukesha Christmas parade attack trial, "There's always two sides to every story." One expert said it's unclear which story Brooks is trying to tell.
WAUKESHA, Wis. - We could learn Monday, Oct. 24 whether Darrell Brooks will testify on his own behalf in the Waukesha Christmas parade attack trial. Brooks, representing himself, called 12 witnesses to the stand, most of them Friday, Oct. 21. FOX6 News spoke with an expert about what defense Brooks may be alluding to.
In his first chance to present his defense, Brooks sought to set the record straight during his deferred opening statement.
"There's always two sides to every story," said Brooks. "And for so long now, roughly a year, there's only, truly, been one side told of the story."
Darrell Brooks in court Thursday, Oct. 20
John Gross, UW law professor and former public defender said it's unclear which story Brooks is trying to tell.
"It's hard to say that Mr. Brooks really has a theory of defense, as we would say," said Gross.
Gross said Brooks may be seeking lesser charges, given his repeated questioning on whether the SUV was honking its horn or attempted to swerve around some people during the parade.
"The best defense that could be made here is, again, that this was not intentional," said Gross. "It was a form of recklessness."
That would bring a different punishment if found guilty, but would still, effectively, be a life sentence.
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Darrell Brooks at Daniel Rider's home
Gross said Brooks choosing to testify would provide the jury a "narrative." He would call himself to the stand and wouldn't ask himself any questions.
"You simply talk to the jury and tell them what you want to tell them," said Gross.
That would also open him up to cross-examination from the state.
Once Brooks rests, both sides will have the chance to deliver their closing arguments before the judge reads the jury more than 100 pages of instructions.