WAUKESHA – Nearly a year after the Waukesha Christmas Parade attack rocked the city, and after days of disruptions and delays, the trial for the suspect charged in the incident has begun.

No sooner had Waukesha County Circuit Judge Jennifer Dorow gaveled Day 4 of Darrell Brooks Jr.’s 76-count criminal trial into session had Brooks began a series interruptions and protests.

It all erupted as she tried to address why he had chosen to wear his bright orange jail clothing, not the suit or other street clothes that he has access to.

After more than a dozen interruptions, he was again removed to a neighboring courtroom.

When he appeared on video from that courtroom 15 minutes later, his shirt was off, his back facing the camera. Dorow explained that he had also removed a shoe, appeared as if he wanted to throw it and then threatened to break items.

In her findings, Dorow again explained the legal basis for his removal from the court.

She also warned that his conduct, if he continued the “chaos” in front of the jurors, would come at his own peril in his defense.

Opening statements have not started yet

Despite the plan for opening statements to lead the proceedings Thursday, as of mid-afternoon neither party had even begun them as a result of Brooks’ exchanges with Dorow.

Waukesha County District Attorney Sue Opper has previously said prosecutors would take five to seven days to present their case. It’s unclear how long Brooks would take to present his own defense.

Brooks, 40, is facing 76 counts tied to the Waukesha Christmas Parade attack on Nov. 21, 2021, which left six people dead and dozens more injured.

DA insists Brooks is competent to stand trial and act as his own attorney

Opper asserted again that she’s convinced Brooks is competent to stand trial and his behavior should be viewed as nothing more than a delay tactic.

“At no time as has anyone in this case had a competency concern,” Opper said, noting professional and observational cues about his mental state, including monitored phone calls he has made from the jail showing a lucid state of mind.

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“I’m thoroughly convinced he is 100% competent to proceed trial,” she said. “We are 100% convinced that his conduct (is) … deliberate and intentional. … He is attempting to derail these proceedings.”

Dorow concurred, noting four examiners in July and August who evaluated him for his insanity defense had raised no issues about his legal competency.

“I share your observations,” she said, including Opper’s statements as part of her findings and concluding his conduct was more about “defiance” than mental health.

Day 3 of trial: Judge denies Brooks’ request to adjourn trial for COVID-19 protocols

Day 2 of trial: A jury has been selected; opening statements set for Thursday

Day 1 of trial: Defendant Darrell Brooks Jr. repeatedly removed from courtroom

Video of victims and witnesses will be allowed

Opper’s motion for reconsideration of her request to deny video recording of victims and witnesses was ultimately denied.

Opper noted Brooks’ conduct in court has only added to their stress, and having their faces captured by cameras would exacerbate their trauma, which has likely increased as the trial proceeds.

Brooks countered that Dorow’s previous decision on the issue in September should stand.

“Everything is supposed to be public. This is a public trial,” Brooks said.

“This court took significant efforts to keep victims’ names private,” Dorow said. “In addition, I have done everything I could do to protect their privacy. … The time has come for this trial to be conducted.”

She noted that victims’ names will now be on the record.

Recognizing Opper’s concerns about the stress it might cause of those testifying, Dorow said the court has no choice. “I am not unmindful of the impact,” she added.

Jury gets preliminary instructions

The last order of business before the presentation of opening statements was the preliminary instructions jurors must follow as the case proceeds.

Some of the instructions were standard and traditional, such as not discussing the case with anyone or exposing themselves to media reports of the trial or earlier coverage in the case.

But Dorow also included each of the 76 criminal counts: six counts of first-degree intentional homicide with use of a dangerous weapon, 61 counts of recklessly endangering safety with use of a dangerous weapon, six counts of hit-and-run involving death and two counts of bail jumping, all felonies; and two counts of misdemeanor domestic abuse-battery, one of which has been dismissed.

Each count included an explanation of what jurors needed to consider as they hear the case.

Following jury instructions, Brooks offered several new filings, including challenging Dorow’s court-related restrictions that he felt limited his freedom of speech “and the right to be held in the courtroom.”

“I just want to be treated fairly,” he said.

“Mr. Brooks, you also need to treat the court fairly,” Dorow responded, setting his claim aside.

Brooks submits detailed objection concerning his name

One of the side issues throughout the proceedings, as well as recent hearings prior to the trial, is his name. That issue was addressed in detail amid the hourslong jury instruction process, which was split by a lunch break.

A meticulously handwritten objection by affidavit, penned by Brooks, attempted to distinguish between the person charged, DARRELL E. BROOKS (in all capital letters) and the person acting as as attorney, Darrell Edwards Brooks Jr.

DARRELL E. BROOKS “is an entity WITHOUT THE STATE OF WISCONSIN and is without a legal personality attached to its name and has no standing nor interest within this matter before the court,” he wrote.

When alluding to this affidavit, Brooks wanted the court to acknowledge his objections and explain on what basis it was overruled.

This story will be updated throughout the day.

Contact Jim Riccioli at (262) 446-6635 or [email protected]. Follow him on Twitter at @jariccioli.

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This article originally appeared on Milwaukee Journal Sentinel: Darrell Brooks Jr Waukesha Christmas Parade trial takeaways from Day 4